DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metropolitan Fire and Emergency Services Board
(AG2017/4234)

METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD CORPORATE & TECHNICAL EMPLOYEES AGREEMENT 2017

Fire fighting services
COMMISSIONER WILSON	MELBOURNE, 3 NOVEMBER 2017

Application for approval of the Metropolitan Fire and Emergency Services Board Corporate & Technical Employees Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Metropolitan Fire and Emergency Services Board Corporate & Technical Employees Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metropolitan Fire and Emergency Services Board. The Agreement is a single enterprise agreement.

[2] 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, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Firefighters’ Union of Australia and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2017. The nominal expiry date of the Agreement is 3 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were the Metropolitan Fire and Emergency Services Board and the relevant employees. The dispute centred around the approval of the 2017 agreement governing the terms and conditions of employment for the Board's corporate and technical employees. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. This included assessing the agreement's compliance with the "better off overall test" (BOOT) and its fairness in terms of the employees' rights and obligations.

The Fair Work Commission examined the agreement in detail, considering various submissions from both parties. The Commission determined that the agreement did not meet the BOOT, as it was found that employees would not be better off overall with the proposed terms. The Commission also considered the fairness of the agreement, finding it to be generally fair and reasonable, except for a few provisions that were not in the best interests of the employees. Ultimately, the Commission approved the agreement with minor modifications to address the concerns raised.

The Fair Work Commission approved the 2017 agreement with modifications to specific provisions. The modifications were made to ensure compliance with the BOOT and to better protect the employees' interests. The approved agreement now governs the terms and conditions of employment for the Metropolitan Fire and Emergency Services Board's corporate and technical employees.

Metropolitan Fire and Emergency Services Board

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established