Serco Sodexo Defence Services Pty Limited
[2010] FWA 7256
•16 SEPTEMBER 2010
[2010] FWA 7256 |
|
DECISION |
Fair Work Act 2009
s.318 - Application for Orders Relating to Instruments Covering New Employer and Transferring Employees
Serco Sodexo Defence Services Pty Limited
(AG2010/17236)
COMMISSIONER CAMBRIDGE | SYDNEY, 16 SEPTEMBER 2010 |
[1] This matter involves an application made under section 318 of the Fair Work Act 2009 (the Act). The application was made by Serco Sodexo Defence Services Pty Ltd (the Employer).
[2] The application was lodged at Sydney on 8 September 2010. The application included an affidavit of Lindsay Jeffrey Olsson dated 7 September 2010 and made on behalf of the Employer (the affidavit). The matter was listed for Hearing before Fair Work Australia (FWA), today, 16 September 2010.
[3] FWA received correspondence dated 13 September 2010, from Neal Swancott on behalf of the Liquor Hospitality and Miscellaneous Union (LHMU). This correspondence advised that the LHMU did not object to be application or the Orders sought in this matter.
[4] At the Hearing held on 16 September 2010, Ms H Eager appeared for the Employer together with Mr L Olsson. There was no appearance by or on behalf of the LHMU. However Mr Swancott had advised FWA of his inability to attend and reconfirmed the LHMU support for the application.
[5] Ms Eager referred to the application and the supporting material including the affidavit. Ms Eager outlined the factual circumstances that gave rise to the application and made submissions in support of the granting of the Orders sought in the application. Ms Eager provided FWA with copies of forms signed by 24 employees who expressed a preference to be covered by the Serco Sodexo Defence Services Pty Ltd Garrison Support Sydney West Collective Agreement 2009 rather than the Tempo Security NSW Enterprise Agreement 2006-2009. Ms Eager submitted that the application satisfied the relevant legislative requirements and she urged FWA to make the Orders sought.
[6] Having regard for the submissions made by Ms Eager together with the evidence provided in the form of the affidavit, I am satisfied that they provisions of paragraph (a) to (g) of subsection 318 (3) of the Act have been satisfied in this instance. Consequently the application is granted and Orders [PR501796] in the terms sought will be issued accordingly.
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