DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FALCK Victoria Pty Limited
(AG2020/2917)

CFMMEU FALCK VICTORIA LOY YANG ‘A’ ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 29 OCTOBER 2020

Application for approval of the CFMMEU Falck Victoria Loy Yang ‘A’ Enterprise Agreement 2020.

[1] FALCK Victoria Pty Limited has applied for approval of a single enterprise agreement known as the CFMMEU Falck Victoria Loy Yang ‘A’ Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] FALCK Victoria Pty Limited sought to correct typographical errors in the original application, by filing an amended statutory declaration and an amended application form. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and related materials, 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.

[6] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 29 October 2020 and, in accordance with s.54, will operate from 5 November 2020. The nominal expiry date of the Agreement is 1 July 2022.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of FALCK Victoria Pty Limited involved the Australian Manufacturing Workers Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) as applicants seeking approval of the CFMMEU Falck Victoria Loy Yang ‘A’ Enterprise Agreement 2020. The respondent to the application was FALCK Victoria Pty Limited. The dispute arose within the Fair Work Commission (FWC), an Australian independent statutory body responsible for the resolution of workplace disputes. The central issue before the FWC was whether the Enterprise Agreement proposed by the CFMMEU met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it contained all the mandated minimum terms and conditions as stipulated by the Act.

The FWC examined the proposed agreement in detail to ensure it incorporated the required minimum standards. The key legal issues included verifying if the agreement provided for reasonable weekly hours of work, appropriate rates of pay, and adequate personal/carer’s leave. Additionally, the court assessed whether the agreement complied with the provisions for redundancy pay and other conditions that were mandatory under the Act. The FWC also considered whether the agreement was free from any illegality or contravention of any other law. After a thorough examination, the FWC determined that the agreement met all the necessary statutory requirements.

The FWC concluded that the CFMMEU Falck Victoria Loy Yang ‘A’ Enterprise Agreement 2020 was compliant with the Fair Work Act 2009 and thus approved it. The Commission found that the agreement provided for the mandated minimum terms and conditions and did not contravene any other law. The FWC's decision was based on a comprehensive review of the agreement, ensuring all necessary elements were present and correctly specified. The approval of the Enterprise Agreement was thus granted, allowing it to come into effect as per the stipulated date.

FALCK Victoria Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established