SEM Fire and Rescue Pty Ltd

[2023] FWCA 2338

[2023] FWCA 2338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SEM Fire and Rescue Pty Ltd

(AG2023/2286)

SEM FIRE AND RESCUE PTY LTD ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 27 JULY 2023

Application for approval of the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2023-2026

Introduction

1. SEM Fire and Rescue Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2023-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 28 June 2023.

Regulation 2.06 Requirements

1. The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Model Consultation Terms

1. Clause 12 of the Agreement in is in relation to consultation but it does not state that the employer is required to consult with employees about a change to their regular roster or ordinary hours of work. This is inconsistent with s.205(1)(a)(ii) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

Section 190 Undertakings

1. The employer provided written undertakings. A copy of the undertakings is attached to the Agreement 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Firefighters’ Union of Australia (UFU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them.

1. In accordance with s.201(2), I note that the Agreement covers the AMWU and the UFU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2023. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

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