DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fire Rescue Victoria
(AG2020/4157)

FIRE RESCUE VICTORIA, AMWU MECHANICAL ENGINEERING WORKSHOPS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Fire Rescue Victoria, AMWU Mechanical Engineering Workshops Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fire Rescue Victoria, AMWU Mechanical Engineering Workshops Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fire Rescue Victoria. The Agreement is a single enterprise agreement.

[2] The Employer 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, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Fire Rescue Victoria (FRV) for approval of the Fire Rescue Victoria, AMWU Mechanical Engineering Workshops Enterprise Agreement 2020. The Australian Manufacturing Workers’ Union (AMWU) was also a party to the application. The primary dispute was the interpretation and application of the Fair Work Act 2009, specifically concerning the criteria for approving an enterprise agreement. The Commission needed to determine whether the proposed agreement met the requirements for being registered and enforced as a lawful agreement under the Act.

The central legal issues revolved around whether the proposed agreement adequately addressed the matters prescribed by section 232 of the Fair Work Act, including ensuring that the agreement contained the necessary provisions for the payment of wages and conditions, did not contravene any existing awards or agreements, and did not discriminate against any class of employees. Additionally, the Commission had to consider if the agreement complied with the ‘better off overall test’ under section 186 of the Act, which requires that employees are not worse off financially or in terms of other conditions of employment.

The Fair Work Commission assessed the agreement clause by clause, finding that it contained all the required provisions and complied with the statutory obligations. The Commission determined that the agreement provided for adequate wages and conditions, did not contravene existing awards or agreements, and passed the better off overall test. The Commission approved the agreement, noting that it was fair and reasonable and met all the legal criteria necessary for registration and enforcement. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Fire Rescue Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established