BRUNEL TECHNICAL SERVICES PTY LTD PYRENEES INSTALLATION OFFSHORE CONSTRUCTION PROJECT AGREEMENT 2009
[2009] FWA 47
•24 JULY 2009
[2009] FWA 47 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of an enterprise agreement
BRUNEL TECHNICAL SERVICES PTY LTD PYRENEES INSTALLATION OFFSHORE CONSTRUCTION PROJECT AGREEMENT 2009
[AG871143]
Oil and gas industry | |
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 24 JULY 2009 |
[1] An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Pty Ltd Pyrenees Installation Offshore Construction Project Agreement 2009 (the Agreement). The Agreement is a single enterprise greenfields agreement. It has been made by Brunel Technical Services Pty Ltd and three employee organisations namely the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 this 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 have considered the matters contained in the employer declaration and each declaration made on behalf of the three employee organisations which will be covered by the Agreement. I also rely on the submissions made to me in today’s hearing and in particular those submissions that related to the manner in which the hours clause in the Agreement would operate and why it would be in the public interest for the Agreement to be approved.
[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act I am satisfied that the employee organisations, taken as a group, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
[5] The Agreement is approved and, in accordance with s.54, will operate from 31 July 2009.
SENIOR DEPUTY PRESIDENT
Appearances:
Mr Colin Saunders, for the applicant Brunel Technical Services Pty Ltd
Mr Leslie McLaughlan , for Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Ms Sharon Theil, for Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr Stephen Price, for The Australian Workers’ Union
Hearing details:
2009
Sydney
July 24
1 Item 2, Part 1, Schedule 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
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