Triple Zero Victoria Summary

[2025] FWCA 65

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Triple Zero Victoria

(AG2024/4467)

TRIPLE ZERO VICTORIA OPERATIONS ENTERPRISE AGREEMENT 2024

Emergency Services industry
COMMISSIONER P RYAN	SYDNEY, 8 JANUARY 2025

Application for approval of the Triple Zero Victoria Operations Enterprise Agreement 2024

Triple Zero Victoria (Employer) has made an application for approval of an enterprise agreement known as the Triple Zero Victoria Operations Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration and the responses to issues identified.

Section 183 Bargaining Representatives

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the United Firefighters’ Union of Australia (UFUA), and the United Workers’ Union (UWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the CEPU, UFUA, and the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 15 January 2025. The nominal expiry date of the Agreement is 15 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexture A

CaseChat Overview and Summary

The case involved the Fair Work Commission, where Triple Zero Victoria sought approval for their 2024 Operations Enterprise Agreement. The dispute centred on the proposed terms and conditions of employment for Triple Zero Victoria's operational staff, including issues such as wages, working hours, leave entitlements, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it adhered to the provisions of the Fair Work Act, and whether it met the requirements for good faith bargaining. The Commission had to consider the principles of procedural fairness and the relevance of any relevant industrial instruments, awards, or agreements. The Commission also needed to assess if the agreement was likely to have a detrimental effect on the financial viability of Triple Zero Victoria and if it was consistent with the national system for the resolution of industrial disputes.

The Commission found that the proposed agreement was fair and reasonable and adhered to the legal requirements set out in the Fair Work Act. The Commission considered the submissions from both parties and the broader context of the agreement. It was noted that the agreement provided for appropriate terms and conditions that were consistent with the principles of procedural fairness. The Commission concluded that the agreement did not have a detrimental effect on the financial viability of Triple Zero Victoria and was consistent with the national system for the resolution of industrial disputes. Based on these findings, the Commission approved the Triple Zero Victoria Operations Enterprise Agreement 2024.

The Commission's approval of the agreement means that it is now legally binding on the parties and will govern the terms and conditions of employment for Triple Zero Victoria's operational staff. This decision provides certainty and stability for both the employer and employees, ensuring that the agreement meets the legal standards for approval and is fair and reasonable.

Triple Zero Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established