Flinders Operating Services Pty Ltd

Case [2015] FWCA 7892


    [2015] FWCA 7892
    FAIR WORK COMMISSION

    DECISION


    Fair Work Act 2009

    s.210 - Application for approval of a variation of an enterprise agreement

    Flinders Operating Services Pty Ltd
    (AG2015/6599)

    FLINDERS OPERATING SERVICES PTY LTD AUGUSTA POWER STATIONS ENTERPRISE AGREEMENT 2014

    Electrical power industry

    DEPUTY PRESIDENT BARTEL

    ADELAIDE, 16 NOVEMBER 2015

    Application for variation of the Flinders Operating Services Pty Ltd Augusta Power Stations Enterprise Agreement 2014.

    [1] An application has been made for approval of a variation to an enterprise agreement known as the Flinders Operating Services Pty Ltd Augusta Power Stations Enterprise Agreement 2014 (the Agreement). The agreement is a single enterprise agreement. This application was made by Flinders Operating Services Pty Ltd (the employer), pursuant to s.210 of the Fair Work Act 2009 (the Act).

    [2] The following employee organisations which are covered by the Agreement support the application:

    The Australian Municipal, Administrative, Clerical and Services Union

    The Construction, Forestry, Mining and Energy Union

    The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy & Services Division, SA Branch

    The Australian Manufacturing Workers Union

    [3] The variation concerns the inclusion of a new Annexure 5 which deals with the closure of various facilities operated by the employer, including the Augusta Power Stations where the Agreement operates.

    [4] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

    [5] The variation to the Agreement is approved and will operate from 4 November 2015.

    [6] A consolidated version of the Agreement, as varied, is attached to this decision.

    DEPUTY PRESIDENT

    Printed by authority of the Commonwealth Government Printer

    <Price code A, AE411399  PR574019>

Details
AGLC
Flinders Operating Services Pty Ltd [2015] FWCA 7892
Case
[2015] FWCA 7892
Decision Date

CaseChat Overview and Summary

Flinders Operating Services Pty Ltd applied to the Fair Work Commission for approval of a variation to the Flinders Operating Services Pty Ltd Augusta Power Stations Enterprise Agreement 2014. The application was made pursuant to section 210 of the Fair Work Act 2009, and was supported by the Australian Municipal, Administrative, Clerical and Services Union, the Construction, Forestry, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy & Services Division, SA Branch and the Australian Manufacturing Workers Union. The variation concerned the inclusion of a new Annexure 5 which dealt with the closure of various facilities operated by the employer, including the Augusta Power Stations where the Agreement operates. The Deputy President of the Fair Work Commission considered the application and accompanying declarations and was satisfied that each of the requirements of sections 210 and 211 of the Act as relevant to this application for approval had been met. The variation to the Agreement was approved and will operate from 4 November 2015. A consolidated version of the Agreement, as varied, is attached to the decision.

Orders

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Background

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Evidence

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Decision

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Ratio Decidendi

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