Emergency Services Telecommunications Authority Summary

[2016] FWCA 2180

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Emergency Services Telecommunications Authority T/A ESTA 000

(AG2016/2647)

EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY

OPERATIONAL EMPLOYEES ENTERPRISE AGREEMENT 2015

State and Territory government administration

COMMISSIONER CRIBB

MELBOURNE, 7 APRIL 2016

Application for approval of the Emergency Services Telecommunications Authority

Operational Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Emergency Services Telecommunications Authority Operational Employees Enterprise

Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair

Work Act 2009 (the Act). It has been made by Emergency Services Telecommunications

Authority T/A ESTA 000. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The United Firefighters’ Union of Australia, Communications, Electrical, Electronic,

Energy, Information, Postal, Plumbing and Allied Services Union of Australia and United

Voice, being bargaining representatives for the Agreement, have given notice under s.183 of

the Act that they want the Agreement to cover their respective organisations. In accordance

with s.201(2) of the Act I note that the Agreement covers both of these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

14 April 2016. The nominal expiry date of the Agreement is 30 November 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Emergency Services Telecommunications Authority (ESTA) applied to the Fair Work Commission for approval of an enterprise agreement known as the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2015. The application was pursuant to s.185 of the Fair Work Act 2009. The agreement was made by ESTA and was a single-enterprise agreement. The application was heard by Commissioner Cribb in Melbourne on 7 April 2016.

The court was required to determine whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, as relevant to the approval of the enterprise agreement. The bargaining representatives for the agreement, namely the United Firefighters’ Union of Australia, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and United Voice, had given notice under section 183 of the Act that they wanted the Agreement to cover their respective organisations.

The court found that the application met all the relevant requirements of the Fair Work Act 2009. The Agreement was approved and would operate from 14 April 2016, with a nominal expiry date of 30 November 2018. The Agreement was approved in accordance with section 54 of the Fair Work Act 2009. The court noted that the Agreement covered both the United Firefighters’ Union of Australia and United Voice.

In summary, the court approved the application for the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2015, finding that it met all the relevant requirements of the Fair Work Act 2009. The Agreement was approved and would operate from 14 April 2016, with a nominal expiry date of 30 November 2018.

Emergency Services Telecommunications Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established