Serco Australia Pty Ltd
[2009] FWA 274
•11 SEPTEMBER 2009
[2009] FWA 274 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/12406)
SERCO IMMIGRATION DETENTION CENTRES AGREEMENT 2009
Security services | |
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 11 SEPTEMBER 2009 |
Application for approval of the Serco Immigration Detention Centres Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Serco Immigration Detention Centres Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise greenfields agreement. It has been made by Serco Australia Pty Limited and two employee organisations namely the Liquor, Hospitality and Miscellaneous Union and the Union of Christmas Island Workers.
[2] 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 the 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 two employee organisations which will be covered by the Agreement. I also rely on the submissions made to me on 10 September 2009 and in particular those submissions relating to the manner in which the hours clause 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 ss.186 and 187 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 17 September 2009. The nominal expiry date of the Agreement is 31 August 2011.
SENIOR DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
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