Transfield Services (Australia) Pty Ltd

[2014] FWCA 7867

[2014] FWCA 7867

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2014/7970)

TRANSFIELD SERVICES DEFENCE STORES SOUTHERN QUEENSLAND AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2014

Application for approval of the Transfield Services Defence Stores Southern Queensland Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Defence Stores Southern Queensland 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 Transfield Services (Australia) Pty Ltd (the Applicant). The agreement is a greenfields agreement.

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act 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 National Union of Workers are 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.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2014. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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