Transfield Services (Australia) Pty Ltd

[2013] FWCA 29

[2013] FWCA 29

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2012/13014)

TRANSFIELD SERVICES REGIONAL CIVIL MAINTENANCE VICTORIA COLLECTIVE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 3 JANUARY 2013

Application for approval of the Transfield Services Regional Civil Maintenance Victoria Collective Agreement 2012.

A. An application, pursuant to s.210 of the Fair Work Act 2009, has been made by Transfield Services (Australia) Pty Ltd for approval of a variation of the Transfield Services Regional Civil Maintenance Victoria Collective Agreement 2012 (the Agreement) as follows:

1. By adding the following sentence to Clause 8(c) of the Agreement:

“Any outcome determined by FWA cannot be inconsistent with the Victorian Code and the associated Guidelines or inconsistent with legislative obligations.”

B. Clause 8(c) of the Agreement shall now read as follows:

“If the matter cannot be resolved directly between the parties, either party may refer the matter to Fair Work Australia (FWA) for assistance in resolving the matter by conciliation and, or arbitration. Any decision/outcome of FWA. Any determination of FWA shall be binding on both parties. FWA may also give all such directions and/or recommendations and do such things necessary or expedient for the speedy and just hearing and determination of the dispute. Any outcome determined by FWA cannot be inconsistent with the Victorian Code and the associated Guidelines or inconsistent with legislative obligations.

Work shall continue in the usual manner without bans and limitations whilst the steps are followed.”

C. I am satisfied that each of the requirements of s.211 as are relevant to this application for approval have been met.

D. The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

E. The variation operates from 2 January 2013.

COMMISSIONER

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