Transfield Services (Australia) Pty Ltd

[2015] FWCA 6025

[2015] FWCA 6025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2015/4775)

TRANSFIELD SERVICES (SANTOS HYDROCARBONS PRODUCTION & PROCESSING FACILITIES) PROJECT WORKS, MAINTENANCE SERVICES AND CENTRAL RESOURCE MANAGEMENT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 SEPTEMBER 2015

Application for approval of the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Santos Hydrocarbons Production & Processing Facilities) Project Works, Maintenance Services and Central Resource Management Enterprise Agreement 2015 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU), the Australian Workers’ Union and the Construction, Forestry, Mining and Energy 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 1 September 2015 and, in accordance with s.54, will operate from 8 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

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ANNEXURE A