Metropolitan Fire and Emergency Services Board

[2013] FWCA 9908

[2013] FWCA 9908

FAIR WORK COMMISSION

DECISION

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

Metropolitan Fire and Emergency Services Board
(AG2013/11849)

METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD CORPORATE & TECHNICAL EMPLOYEES AGREEMENT 2013

Fire fighting services
COMMISSIONER WILSON	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Metropolitan Fire and Emergency Services Board Corporate & Technical Employees Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Metropolitan Fire and Emergency Services Board (MFB). The Agreement is a single-enterprise agreement.

[2] Two versions of the Agreement were provided to me for review. The first was the version attached to the original application, which was not executed by the United Firefighters’ Union of Australia (the UFU) and lodged on 5 December 2013 at approximately 11:00am. The second version was lodged by the UFU with the Fair Work Commission Registry on 5 December 2013 at approximately 1:00pm. The parties have confirmed that the two versions are identical except with respect to the execution clauses, and that they are satisfied with the second version being used as the Agreement for the Commissioner’s consideration. I accept those submissions and will treat the second lodged document as the final and authoritative version of the Agreement.

[3] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the MFB. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union (the ASU) and the UFU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the ASU and the UFU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2013. The nominal expiry date of the Agreement is 20 December 2015.

COMMISSIONER

ANNEXURE A

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