Virgin Tech Pty Ltd

[2014] FWC 3425

[2014] FWC 3425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements

Virgin Tech Pty Ltd
(AG2014/5944)

COMMISSIONER SIMPSON BRISBANE, 26 MAY 2014

Application for an order relating to instruments covering new employer and transferring employees in agreements.

[1] An Application for an Order relating to an instrument covering the new employer and transferring employees was filed by Virgin Tech Pty Ltd.

[2] The Application has been made in the context of Virgin Australian Airlines Pty Limited proposing to cease outsourcing A330 Maintenance Services to John Holland Aviation Services Pty Limited and instead engaging the Applicant to perform this work.

If the Order sought is granted, the following agreements will not cover the Applicant in respect of any former employee of John Holland Aviation Services Pty Limited (JHAS);

(a) John Holland Aviation Services [Victoria] Enterprise Agreement 2012; and

(b) John Holland Aviation Services [National] Enterprise Agreement 2013.

(collectively the Agreements)

[3] The Agreements will not cover the Applicant in respect of any former employee of JHAS:

(a) Who is a Transferring Employee employed by the Applicant to perform Transferring Work; and

(b) Whose employment is covered by any of the Agreements.

[4] Instead the Virgin Tech Enterprise Agreement 2014 and any such subsequent Agreement approved under the Fair Work Act 2009 (the Act), will cover the Applicant in respect of such employees. Directions were issued on 15 May 2014 directing the Applicant to ensure that employees who would be affected by the proposed order are made aware of the application, the directions themselves and the order sought.

[5] The Directions invited any person wishing to be heard to make submissions or make an objection to the Application to advise Fair Work Commission by 4pm on Friday, 23 May 2014. No submission or objections were received.

[6] Virgin Tech Pty Ltd provided written submissions in support of the Application together with a witness statement from Mr Sean O’Shea, General Manager of Virgin Tech Pty Ltd.

[7] I have considered the matters set out in s.318(3) of the Act and in light of the submission and statutory declarations provided I am satisfied the Order should be issued. The Order [PR550961] will come into operation on 26 May 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550962>