DECISION AND DIRECTIONS

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.

[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.

[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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