TJS Services Central Queensland Pty Ltd

[2014] FWCA 8417

[2014] FWCA 8417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TJS Services Central Queensland Pty Ltd
(AG2014/7884)

TJS SERVICES CENTRAL QUEENSLAND PTY LTD GREENFIELD AGREEMENT 2014

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the TJS Services Central Queensland Pty Ltd Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the TJS Services Central Queensland Pty Ltd Greenfield Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TJS Services Central Queensland Pty Ltd and one employee organisation, namely the Australian Workers’ Union. The Agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Australian Workers’ Union which will be covered by the Agreement.

[3] I have accepted the undertakings attached to this decision which have been given by the employer.

[4] I am satisfied that each of the requirements of ss.186, 187, and 190 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 Australian Workers’ Union is 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 does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2014. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Attachment A:

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