United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board T/A Metropolitan Fire Brigade (MFB)

[2018] FWC 1104

[2018] FWC 1104

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.229 - Application for a bargaining order

United Firefighters' Union of Australia
v
Metropolitan Fire and Emergency Services Board T/A Metropolitan Fire Brigade (MFB); State of Victoria; Department of Premier and Cabinet
(B2018/59)

COMMISSIONER HARPER-GREENWELL MELBOURNE, 20 FEBRUARY 2018

Application by United Firefighters' Union of Australia for a bargaining order.

[1] On 29 January 2018, an application was made by the United Firefighters’ Union of Australia (the Applicant) pursuant to section 229 of the Fair Work Act 2009 (Cth) (the Act) to have the Commission make bargaining orders in relation to the proposed Metropolitan Fire and Emergency Services Board, United Firefighters’ Union of Australia, Operational Staff Agreement 2016 (the Agreement). The respondents to the application are the Metropolitan Fire and Emergency Services Board (MFB), the State of Victoria and Department of Premier and Cabinet (together the Respondents).

[2] The parties have each participated in a number of conferences to resolve the dispute which concerns the explanatory memorandum that the MFB prepared to accompany the proposed Agreement as part of discharging its obligations under s.180(5) of the Act.

[3] I am informed that the Applicant has proposed a set of words in regards to the explanatory memorandum to which the MFB does not object. It is my understanding that each of the parties have agreed not to rely on the explanatory memorandum to prosecute any legal proceedings against the other.

[4] The parties have agreed to the issuing of the following Recommendation. The MFB has indicated that it will comply with this Recommendation. The UFU has informed the Commission that it will abide by the terms of this Recommendation. Therefore, in all the circumstances, the Commission makes the following recommendations in respect of the matters in dispute:

A. That the MFB, in accordance with its obligations under Part 2-4 of the Act, will take all reasonable steps immediately prior to the access period to distribute the explanatory memorandum in the form attached (Attachment A) to the employees to be covered by the proposed Agreement.

B. That within 24 hours the MFB write to the UFU a letter in the form attached (Attachment B), and a letter or email setting out the commencement of the access period, the voting method to be used and a list of documents incorporated by reference into the proposed Agreement. The UFU will confirm its understanding to both letters in reply.

C. That within 48 hours the UFU publish a Bulletin to its members in accordance with its usual custom and practice in the form attached (Attachment C).

[5] Nothing in this Recommendation should be taken to be read that I have expressed a view that the parties will have complied with section 180(5) of the Act.

COMMISSIONER

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