Flinders Operating Services Pty Ltd

[2014] FWCA 7543

[2014] FWCA 7543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Operating Services Pty Ltd
(AG2014/7743)

FLINDERS OPERATING SERVICES PTY LTD ADELAIDE ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 23 OCTOBER 2014

Application for approval of the Flinders Operating Services Pty Ltd Adelaide Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Flinders Operating Services Pty Ltd Adelaide Enterprise Agreement 2014 (the Agreement) has been made by Flinders Operating Services Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] A short hearing was held on 22 October 2014 to consider an issue raised by the Association of Professional Engineers, Scientists & Managers Australia (APESMA), being one of the bargaining representatives for the Agreement. The issue concerned the coverage of the Agreement as set out in clause 4, and specifically whether employees who have executed an individual agreement are within the scope of coverage of the Agreement.

[3] I am satisfied that such employees are within the scope of the Agreement. They fall within the same classification structure as the other employees who are covered, and accordingly fall within the scope specified in sub-clause 4.1 of the Agreement. The employer confirmed that employees on individual contracts were balloted as part of the voting process.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Australian Municipal, Administrative, Clerical and Services Union (the ASU) and APESMA, being bargaining representatives for the Agreement, have each given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the ASU and APESMA.

[6] As advised to the parties at the conclusion of the hearing on 22 October 2014, the Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 29 October 2014. The nominal expiry date of the Agreement is 26 September 2018.

DEPUTY PRESIDENT

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