Transfield Services (Australia) Pty Ltd

Case

[2013] FWCA 3676

7 JUNE 2013

No judgment structure available for this case.

[2013] FWCA 3676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2013/1246)

TRANSFIELD SERVICES (ORIGIN ENERGY LANG LANG AND YOLLA FACILITIES) AWU & AMWU MECHANICAL MAINTENANCE AGREEMENT 2012-2015

Manufacturing and associated industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 7 JUNE 2013

Application for approval of the Transfield Services (Origin Energy Lang Lang and Yolla facilities) AWU & AMWU Mechanical Maintenance Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Origin Energy Lang Lang and Yolla facilities) AWU & AMWU Mechanical Maintenance Agreement 2012-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Transfield Services (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a consultation term that complies with the requirements in s.203 of the Act, and accordingly, pursuant to s.204(4) of the Act I am required to note, and do note, that the model consultation term is taken to be a term of the Agreement.

[4] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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