DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falck Victoria Pty Ltd
(AG2016/1419)

CFMEU FALCK VICTORIA LOY YANG A ENTERPRISE AGREEMENT 2016

Fire fighting services
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the CFMEU Falck Victoria Loy Yang A Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the CFMEU Falck Victoria Loy Yang A Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Falck Victoria Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 24 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Falck Victoria Pty Ltd was before the Fair Work Commission, with the dispute concerning the application for approval of the CFMEU Falck Victoria Loy Yang A Enterprise Agreement 2016. The parties involved were Falck Victoria, an employer in the private security sector, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The application for approval was brought before the Commission as part of the Fair Work Act 2009's processes for the registration and approval of enterprise agreements.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act. This included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as specified by the Act, and whether it had been appropriately registered. The Commission also had to consider whether the agreement was likely to have a detrimental effect on the financial viability of Falck Victoria.

The Commission examined the evidence and submissions from both parties, concluding that the agreement had been made in good faith and contained the requisite minimum terms and conditions. The Commission determined that the agreement did not have a detrimental effect on the financial viability of Falck Victoria. Therefore, the Commission approved the enterprise agreement, and it was registered with the Fair Work Commission. The decision was made on the basis that the agreement was fair and reasonable, and met all the statutory requirements for approval.

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