Ms Kim Piercy

[2012] FWA 4000

[2012] FWA 4000

The attached document replaces the document previously issued with the above code on 14 May 2012.

The document has been edited to correct an error in the name of the Company, from “GDH Pty Ltd” to “GHD Services Pty Ltd”.

Laura Fitzpatrick

Relief Associate to Commissioner Simpson

Dated 14 May 2012

[2012] FWA 4000

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements

Ms Kim Piercy
(AG2012/5140)

Technical services
COMMISSIONER SIMPSON	BRISBANE, 14 MAY 2012

[1] An application was made on 8 May 2012 by Kim Piercy (the Applicant) for an order relating to instruments covering an employer and transferring employees. The Applicant is employed within the Water Sciences Group of Ecowise Australia Pty Ltd. The Applicant appointed Doug Van de Hoef as a representative. This application was made after an earlier application AG2012/1358 was discontinued. According to the Applicant the Water Services Group has 32 employees in highly qualified and technical occupations and all of these 32 employees have been offered continuing employment with GHD Services Pty Ltd (the new employer).

[2] The application states that 30 of the 32 employees have accepted an employment offer with GHD Services Pty Ltd which is conditional upon the successful completion of an asset sale agreement between Ecowise Australia Pty Ltd and GHD Services Pty Ltd. The application states that the terms offered by the GHD Services Pty Ltd include a higher salary and retention of leave entitlements and other current conditions of employment. Fair Work Australia has been sent correspondence from 27 employees employed within the Water Sciences Group within Ecowise Australia Pty Ltd confirming that they have received offers of employment from GHD Services Pty Ltd and have accepted the terms of offers of employment offered by GHD Services Pty Ltd and do not wish the Ecowise Australia Union Collective Agreement 2009 (the Agreement) which underpins their employment at Ecowise Australia Pty Ltd to transfer to their employment at GHD Services Pty Ltd. The 27 employees requested in writing that Fair Work Australia make an order pursuant to section 318 of the Fair Work Act 2009 that the Agreement not transfer.

[3] Correspondence dated 4 May 2012 has been received by FWA from the new employer confirming information provided by the Applicant regarding the contract to purchase the Water Services Group within Ecowise Australia Pty Ltd and also confirming that the new employer supports the making of an order as sought by the Applicant.

[4] Fair Work Australia received correspondence from the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) seeking to be heard on the application. I convened a conference on 9 May 2012. Following that conference and further discussions between the Applicant’s representative and the AMWU and APESMA correspondence was received by FWA from both unions advising that they did not object to the application.

[5] I have been provided with a template copy of the letter of offer and terms of employment put by GHD Services Pty Ltd to employees of Ecowise Australia Pty Ltd and GHD Services Pty Ltd. I have considered all of the matters set out in s.318(3) of the Act and on the basis of the information provided to me I am satisfied an order should be issued as sought.

[6] The Order (PR523598) will have effect from the time transferring employees become employed by GHD Services Pty Ltd.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AC322911  PR523597 >