Emergency Services Telecommunications Authority

[2020] FWCA 2122

[2020] FWCA 2122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergency Services Telecommunications Authority
(AG2020/672)

EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY OPERATIONAL EMPLOYEES ENTERPRISE AGREEMENT 2019

State and Territory government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 APRIL 2020

Application for approval of the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2020.

[1] The Emergency Services Telecommunications Authority (the Employer) has made an application for approval of an enterprise agreement known as the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] As lodged, the Agreement at clause 1 provided that the name of the Agreement is the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2020. The Employer provided submissions on 15 April 2020 that the correct name of the Agreement is the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019 and that the error at clause 1 was due to version control issues. I note that the title page to the Agreement states the name of the Agreement as the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019. The Employer sought that pursuant to s 586 of the Act the name of the Agreement in clause 1 be amended to reflect the correct name. An amended page 1 to the Agreement was provided by the Employer on 23 April 2020. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s 586 of the Act.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions at question 1.4 of their Form F16 filed on 12 March 2020 as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the United Firefighters’ Union of Australia, and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[8] The Agreement was approved on 23 April 2020 and, in accordance with s 54, will operate from 30 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Annexure A