Transfield Services (Australia) Pty Ltd
[2009] FWA 385
•29 SEPTEMBER 2009
[2009] FWA 385 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/884)
TRANSFIELD SERVICES (AUSTRALIA) PTY LTD TKMH RAPID GROWTH PROJECT CFMEU COLLECTIVE AGREEMENT 2009
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 29 SEPTEMBER 2009 |
Application for approval of the Transfield Services (Australia) Pty Ltd TKMH Rapid Growth Project CFMEU Collective Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd TKMH Rapid Growth Project CFMEU Collective Agreement 2009 (the Agreement). The Agreement is a single enterprise greenfields agreement. It has been made by Transfield Services (Australia) Pty Ltd and a single employee organisation namely the Construction, Forestry, Mining and Energy Union (CFMEU).
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 this 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 the declaration made on behalf of the employee organisation which will be covered by the Agreement.
[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 organisation 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 model flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 2 (the Regulations) is taken to be a term of the Agreement.
[6] The Agreement also does not contain a consultation term. Pursuant to s.205(3) of the Act, the model consultation term prescribed by the Regulations 3 is taken to be a term of the Agreement.
[7] The Agreement is approved and, in accordance with s.54, will operate from 6 October 2009. The nominal expiry date is 30 June 2012.
SENIOR DEPUTY PRESIDENT
1 Item 2, Part 1, Schedule 2 of the Fair Work (Transitional Provisions and consequential Amendments) Act 2009.
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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