Thiess Services Pty Ltd

[2009] FWA 299

[2009] FWA 299

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Thiess Services Pty Ltd
(AG2009/862)

THIESS SERVICES VICTORIAN MELBOURNE WATER CONTRACT ENTERPRISE AGREEMENT 2009-2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 15 SEPTEMBER 2009

Application for approval of the Thiess Services Victorian Melbourne Water Contract Enterprise Agreement 2009-2013.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Services Victorian Melbourne Water Contract Enterprise Agreement 2009-2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thiess Services Pty Ltd. The agreement is a single-enterprise agreement.

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

[4] The agreement does not contain a model flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations 3 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 22 September 2009. The nominal expiry date of the Agreement is 30 June 2013.

SENIOR DEPUTY PRESIDENT

 1   Item 2, Part 1, of Schedule 2.

 2   Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

 3   Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009.

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