DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2014/10706)

TRANSFIELD SERVICES GARRISON SERVICES S.A. (TRANSPORT, STORES, RANGE OPERATION & GROUNDS MAINTENANCE) CERTIFIED AGREEMENT 2014

Miscellaneous
COMMISSIONER BULL	SYDNEY, 22 DECEMBER 2014

Application for approval of the Transfield Services Garrison Services S.A. (Transport, Stores, Range Operation & Grounds Maintenance) Certified Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Garrison Services S.A. (Transport, Stores, Range Operation & Grounds Maintenance) Certified Agreement 2014. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement does not contain a flexibility term. The model flexibility term found at Schedule 2.2 of the Fair Work Regulations 2009 will be taken to be a term of the Agreement. A copy of the model flexibility term is attached at Annexure A.

[3] The Agreement will cover employees listed in the classifications in the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Transport Workers' Union of Australia and the National Union of Workers being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 29 December 2014. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Transfield Services (Australia) Pty Ltd applied for approval of the Transfield Services Garrison Services S.A. (Transport, Stores, Range Operation & Grounds Maintenance) Certified Agreement 2014. The application was made under the Fair Work Act 2009. The parties involved were Transfield Services (Australia) Pty Ltd, an employer, and two unions, the Defence Industry Group (Queensland Branch) and the Defence Industry Group (National). The unions represented the employees who were to be bound by the agreement.

The primary legal issue before the Court was whether the certified agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement contained the necessary provisions to protect employees' rights and interests and whether the agreement was genuinely negotiated between the employer and the unions. Additionally, the Court examined whether the agreement complied with the provisions of the Fair Work Act 2009 in relation to the content, form, and process of the agreement.

The Court found that the certified agreement contained the necessary provisions to protect employees' rights and interests and was genuinely negotiated between the employer and the unions. The Court also found that the agreement complied with the provisions of the Fair Work Act 2009 in relation to the content, form, and process of the agreement. The Court approved the Transfield Services Garrison Services S.A. (Transport, Stores, Range Operation & Grounds Maintenance) Certified Agreement 2014.

No further orders were made by the Court. The certified agreement was approved and registered under the Fair Work Act 2009.

Transfield Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established