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Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Application by the Metropolitan Fire and Emergency Services Board
(AG2018/1278)
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 4 JUNE 2018
[1] On 3 April 2018, the Metropolitan and Fire and Emergency Services Board (MFESB)
lodged an application for approval of the Metropolitan Fire and Emergency Services Board,
United Firefighters Union of Australia, Operational Staff Agreement 2016 (Agreement). The
application was made pursuant s.185 of the Fair Work Act 2009 (Act) and is a single
enterprise agreement.
[2] The Minister for Small and Family Business, the Workplace and Deregulation
(Minister) has made an application seeking leave to be heard in relation to the application for
approval of the Agreement. I have decided, in order to inform myself in relation to the
application, to permit the Minister to make submissions in relation to the following issues:
(a) Whether the Agreement is about permitted matters within the meaning of s.172(1)
of the Act;
(b) Whether the Agreement contains one or more discriminatory terms within the
meaning of s.195 of the Act;
(c) Whether the Agreement contains one or more objectionable terms within the
meaning of s.12 of the Act; and
(d) If the Agreement contains one or more discriminatory terms, whether the
Agreement passes the Better off Overall Test (BOOT).
[3] The Minister will also be permitted to file evidentiary material in support of his
contention that the Agreement contains discriminatory terms and to the extent that the
Minister’s contention that the Agreement contains objectionable terms overlaps with his
contention about discriminatory terms, evidentiary material about objectionable terms. The
material is to be filed and served in accordance with the directions and conditions outlined
below.
[4] The Victorian Equal Opportunity and Human Rights Commissioner (VEOHRC) has
made an application seeking leave to be heard in relation to the application for approval of the
Agreement. I have decided, in order to inform myself in relation to the application, to permit
the VEOHRC to make submissions confined to the matters identified in its written
submissions dated 29 May 2018 filed in support of its application for leave to be heard.
[2018] FWC 3220
DECISION AND DIRECTIONS
E AUSTRALIA FairWork Commission
[2018] FWC 3220
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[5] The VEOHRC will also be permitted to file evidentiary material in relation to the
matters identified in its aforementioned submissions in accordance with the directions and
conditions outlined below.
I direct that:
[6] The Minister shall file in the Fair Work Commission (Commission) and serve on the
MFESB, the United Firefighters’ Union of Australia (UFU) and the VEOHRC an outline of
submissions, statements of any evidence and any other documents for which he seeks leave to
adduce in respect of the application for the approval of the Agreement by 4.00pm on Friday,
22 June 2018.
[7] The VEOHRC shall file in the Commission and serve on the Minister, the MFESB and
the UFU an outline of submissions, statements of any evidence and any other documents for
which it seeks leave to adduce in respect of the application for the approval of the Agreement
by 4.00pm on Friday, 22 June 2018.
[8] The MFESB and UFU shall each file in the Commission and serve on each other, the
Minister and the VEOHRC any outline of objections to any grant of leave to adduce evidence
by the Minister and the VEOHRC by 4.00pm on Wednesday, 27 June 2018.
[9] Any objections to a grant of leave to adduce evidence will be dealt with on the papers
on or before Friday, 6 July 2018.
[10] The Minister shall file in the Commission and serve on the MFESB, UFU and
VEOHRC any evidence or other materials in respect of which leave to adduce has been
granted by 4.00pm on Friday, 13 July 2018.
[11] The VEOHRC shall file in the Commission and serve on the Minister, the MFESB and
the UFU any evidence or other materials in respect of which leave to adduce has been granted
by 4.00pm on Friday, 13 July 2018.
[12] The MFESB and UFU shall each file in the Commission and serve on each other, the
Minister and the VEOHRC an outline of submissions, statements of any evidence and any
other document upon which it intends to rely in respect of the application for the approval of
the Agreement by 4.00pm on Friday, 10 August 2018.
[2018] FWC 3220
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[13] The matter is listed for hearing commencing at 10.00am on each of the following
days: Monday, 27 August 2018, Tuesday, 28 August 2018, Wednesday, 29 August 2018,
Thursday, 30 August 2018 and Friday, 31 August 2018.
DEPUTY PRESIDENT
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