TRANSFIELD SERVICES (AUSTRALIA) PTY LTD AWD COLLECTIVE AGREEMENT 2009-2012
[2009] FWA 57
•31 JULY 2009
[2009] FWA 57 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
TRANSFIELD SERVICES (AUSTRALIA) PTY LTD AWD COLLECTIVE AGREEMENT 2009-2012
[AG871164]
Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 31 JULY 2009 |
[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd AWD Collective Agreement 2009 (the Agreement). The Agreement is a single enterprise greenfields agreement. It has been made by Transfield Services (Australia) Pty Ltd and a single employee organisation namely the Construction, Forestry, Mining and Energy Union (CFMEU).
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 this 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 have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU which will be covered by the Agreement.
[4] 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU is 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.
[5] 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 is taken to be a term of the Agreement.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2009. The nominal expiry date is 6 August 2012.
SENIOR DEPUTY PRESIDENT
Bargaining representatives:
D Driscoll for Transfield Services (Australia) Pty Ltd.
M McDermott for the Construction, Forestry, Mining and Energy Union.
1 Item 2, Part 1, Schedule 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
2 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.
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