VicForests v CPSU, the Community and Public Sector Union

[2009] FWA 1952

[2009] FWA 1952

FAIR WORK AUSTRALIA

DECISION

Workplace Relations Act 1996
Clause 2A(1)(a) Schedule 7 Application for order to extend a pre-reform certified agreement
Clause 2A(1)(b) Schedule 7 Application for order to vary pre-reform certified agreement

VicForests
v
CPSU, the Community and Public Sector Union
(AG2009/22156)

State government administration
COMMISSIONER SMITH	MELBOURNE, 31 DECEMBER 2009

Application to vary and extend pre-reform agreement.

[1] The following decision, now edited, was issued during proceedings conducted on 31 December 2009.

[2] These are applications to extend the nominal date of the VicForests Agreement 2006 and to vary its terms. The extension date sought is to 1 March 2012. I have examined both agreements and I am satisfied as to the following. All parties bound by the agreement genuinely agree to the extension and variation. None of the parties have after the introduction day, organized or engaged in or threatened to organize or engage in industrial action in relation to the other party to the agreement or applied for protected action ballot under s.451 of the Workplace Relations Act 1996 in relation to proposed industrial action.

[3] I am also satisfied that the agreement, as varied, would not result on balance in a reduction in the overall terms and conditions of employment of employees bound by the agreement.

[4] The order will operate from 31 December 2009.

COMMISSIONER

Appearances:

A Watt, Solicitor, with C Proud for VicForests.

W Townsend on behalf of the CPSU, the Community and Public Sector Union.

Hearing details:

2009.

Melbourne:

December, 31.

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<Price code A, AG847526  PR992271>