Transfield Services (Australia) Pty Ltd
[2009] FWA 215
•3 SEPTEMBER 2009
[2009] FWA 215 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/718)
TRANSFIELD SERVICES - GIPPSLAND WATER MECHANICAL ASSET MAINTENANCE WORKPLACE AGREEMENT 2009
Metal industry | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 3 SEPTEMBER 2009 |
Application for approval of the Transfield Services - Gippsland Water Mechanical Asset Maintenance Workplace Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Transfield Services - Gippsland Water Mechanical Asset Maintenance Workplace Agreement 2009 (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 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 (the Regulations) 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 Municipal, Administrative, Clerical and Services Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, 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 the organisations.
[7] The Agreement is approved and, in accordance with s.54, will operate from 10 September 2009. The nominal expiry date of the Agreement is 1 August 2012.
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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