DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

FALCK Victoria Pty Ltd
(AG2020/3525)

CFMEU FALCK VICTORIA HAZELWOOD ENTERPRISE AGREEMENT 2020

Fire fighting services
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 DECEMBER 2020

Application for approval of the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by FALCK Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by FALCK Victoria Pty Ltd to have the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2020 approved as a transitional agreement. The dispute centred around whether the enterprise agreement met the necessary legal standards and criteria for transitional approval, including compliance with the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not adequately address certain terms and conditions of employment.

The primary legal issues the court needed to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it was necessary for the agreement to be a transitional agreement given the unique circumstances of the employer's operations. The court also had to consider whether the agreement provided for adequate processes for resolving workplace disputes and whether it complied with the requirements of the Fair Work Act. Additionally, the court assessed the impact of the agreement on the employees' terms and conditions, particularly in the context of the transitional nature of the employer's operations.

In its reasoning, the court examined the provisions of the agreement and the submissions made by both parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was appropriate for the agreement to be a transitional agreement given the employer's operational context. The court was satisfied that the agreement included adequate processes for resolving workplace disputes and that it complied with the requirements of the Fair Work Act. The court concluded that the agreement was in the best interests of the employees, considering the transitional nature of the employer's operations. Accordingly, the court approved the agreement as a transitional agreement.

The final orders of the court included the approval of the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2020 as a transitional agreement, with specific conditions and provisions to ensure compliance with the Fair Work Act. The agreement was to be in effect for a specified period, with provisions for review and potential amendments as necessary.

FALCK Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established