Transfield Services (Australia) Pty Ltd t/a Transfield Services

[2015] FWCA 7034

[2015] FWCA 7034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd t/a Transfield Services
(AG2015/5139)

TRANSFIELD SERVICES (ORIGIN ENERGY LANG LANG AND YOLLA FACILITIES) AWU & AMWU MECHANICAL MAINTENANCE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Transfield Services (Origin Energy Lang Lang and Yolla facilities) AWU & AMWU Mechanical Maintenance Agreement 2015-2018.

[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 2015-2018 (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 t/a Transfield Services. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union and “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) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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