Broadspectrum (Australia) Pty Ltd
[2009] FWA 353
•24 SEPTEMBER 2009
[2009] FWA 353 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of greenfields agreement
(AG2009/752)
BROADSPECTRUM (AUSTRALIA) PTY LTD ADELAIDE DESALINATION PROJECT ELECTRICAL & INSTRUMENTATION GREENFIELDS AGREEMENT 2009
Electrical contracting industry | |
COMMISSIONER BLAIR | MELBOURNE, 24 SEPTEMBER 2009 |
Application for approval of the Broadspectrum (Australia) Pty Ltd Adelaide Desalination Project Electrical & Instrumentation Greenfields Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Australia) Pty Ltd Adelaide Desalination Project Electrical & Instrumentation Greenfields Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadspectrum (Australia) Pty Ltd. The agreement is a greenfields agreement.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[4] The Agreement passes the no-disadvantage test.
[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[6] The agreement does not contain a model flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 2is taken to be a term of the Agreement.
[7] The Agreement is approved and, in accordance with s.54, will operate from 1 October 2009. The nominal expiry date of the Agreement is 27 August 2012.
COMMISSIONER
1 Item 2, Part 1, of Schedule 2.
2 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.
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