1.		Title
     2.		Incidence of Agreement
     3.		Application	
     4.		Objectives	
     5.		Date and Period of Operation
     6.		Definitions
     7.		Relationship with Award
     8.		Equal Employment Opportunity ! Harassment
     9.		OH&S and Fire Wardens
     10.	Location		
     11.	Probation		
     12.	Hours of Work		
     13 	Rest breaks
     14 	Week in Lieu {WIL} - 38 Hour Week Agreement
     15.	Rostering
     16 	Coverage and Staffing Levels
     17 	Staffing Review
     18 	Trial of Extended Induction Training
     19 	Payment of Wages
     20		Payment for Late Notice of a Temporary Shift Change
     21.	Multi-skilled Employees
     22.	Duties
     23.	Exclusivity of Employment
     24.	Employee Development
     25 	Classifications and Remuneration
     26.	Shift Penalties		
     27.	Higher Duties		
     28.	Overtime		
     29.	Meal Allowance		
     30.	Professional Indemnity	
     31.	Workplace Reform	
     32.	Annual Leave		
     33.	Annual Leave Loading	
     34.	Long Service Leave	
     35.	Parental Leave		
     36.	Compassionate Leave	
     37.	Personal/carer's Leave
     38.	Family and Domestic Violence Leave
     39.	Public Holidays		
     40.	Daylight Saving Transition
     41.	Superannuation		
     42.	Casual Employment	
     43.	Part-time Employment		
     44.	Job Sharing		
     45.	Accident Pay
     46.	Industrial Training Leave
     47.	Uniform		
     48.	Salary Sacrifice
     49 	Emergency Services Games
     50.	Amenities
     51.	Drugs and Alcohol
     52.	Peer Support
     53.	ESTA Policies, Procedures and Protocols
     54.	Settlement of Disputes	
     55.	Termination of Employment
     56.	Transmission of Business
     57.	Right of Entry		
     58.	Inductions		
     59.	Employee Representation	
     60.	Consultation
     61 	Provision of Information to Consultative Committee
     62.	Discipline
     63.	No Extra Claims

Status

[2020] FWCA 2122

The attached document replaces the document previously issued with the above code on 23 April 2020.

Amendment made to subject line of decision from "Application for approval of the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2020" to "Application for approval of the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019".
Associate to Deputy President Young
Dated 24 April 2020

Fair Work Act 2009
s.185-Enterprise agreement
Emergency Services Telecommunications Authority
(AG2020/672)

EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY OPERATIONAL EMPLOYEES ENTERPRISE AGREEMENT 2019

State and Territory government administration

DEPUTY PRESIDENT YOUNG MELBOURNE, 23 APRIL 2020

Application for approval of the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019.

[1] The Emergency Services Telecommunications Authority (the Employer) has made an application for approval of an enterprise agreement known as the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[4] As lodged, the Agreement at clause 1 provided that the name of the Agreement is the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2020. The Employer provided submissions on 15 April 2020 that the correct name of the Agreement is the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019 and that the error at clause 1 was due to version control issues. I note that the title page to the Agreement states the name of the Agreement as the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019. The Employer sought that pursuant to s 586 of the Act the name of the Agreement in clause 1 be amended to reflect the correct name. An amended page 1 to the Agreement was provided by the Employer on 23 April 2020. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s 586 of the Act.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions at question 1.4 of their Form F16 filed on 12 March 2020 as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the United Firefighters' Union of Australia, and the United Workers' Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[8] The Agreement was approved on 23 April 2020 and, in accordance with s 54, will operate from 30 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2020/672

Applicant: Emergency Services T elecommunlcations Authority
Section 185 - Application for approval of a single enterprise agreement Undertakings -Section 190

I. Mark Hewitson, Executive Manager - Workplace Relations & Business Partnering, for the Emergency Services Telecommunications Authority (ESTA) give the following undertakings with respect to the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2019 (Agreement):

Authority to give undertakings

1. I have the authority given to me by ESTA to provide this undertaking in relation to the application before the Fair Work Commission.

Concurrent parental leave

2. Employees will be entiUed to unpaid CQncyrrent leave in accordance with the National

Employment Standards.

3. Pursuant to clause 35.15.1 of the Agreement two Employees eligible for paid parental leave pursuant to clause 35 may take one week of the paid parental leave entitlements set out at clause 35.3 concurrently.

Minimum engagement period for casual employees

4. Casual Employees covered by the Agreement will be engaged for a minimum of three hoors per shift.