CPSU, the Community and Public Sector Union
[2011] FWA 4666
•19 JULY 2011
[2011] FWA 4666 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 6, Item 5 - Application to terminate an enterprise instrument - an award
CPSU, the Community and Public Sector Union
(EM2011/505)
Commonwealth employment | |
COMMISSIONER ROE | MELBOURNE, 19 JULY 2011 |
Application to terminate the Fulham Correctional Centre - Correctional Officers Award 2004.
[1] An application has been made by the Community and Public Sector Union (CPSU) for Fair Work Australia (FWA) to terminate the enterprise instrument known as the Fulham Correctional Centre - Correctional Officers Award 2004 (the Award). The application was made pursuant to Schedule 6 Item 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).
[2] I have taken into account each of the factors in Schedule 6 Item 5, subparagraph 4 to the Transitional Act.
[3] I note that there have been no objections to this application. The employer bound by the Award, the GEO Group Australia Pty Ltd, advised me that it did not oppose the termination of the Award.
[4] A modern award, The Corrections and Detentions (Private Sector) Award 2010 is an award for “private sector employers who operate correctional facilities and detention centres, provide court security and prisoner/detainee transport”. This award is clearly capable of covering the employees of the Fulham Correctional Centre. The CPSU provided evidence that the modern award and the enterprise award provide generally similar conditions. The award provides minimum terms and conditions whilst the actual terms and conditions are regulated by a collective agreement. There are no enterprise specific terms and conditions of employment. The termination of the enterprise award is not likely to have any impact on the viability of the enterprise. I am satisfied that the CPSU has consulted its members concerning this question. The CPSU supports the termination and the employer does not oppose it.
[5] The application is granted and the Award is terminated. The termination shall operate from the date of this decision.
COMMISSIONER
Appearances:
Mr Wayne Townsend for the CPSU.
Hearing details:
2011
Melbourne
July 19
Printed by authority of the Commonwealth Government Printer
<Price code A, AP835779 PR511805 >
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