Access Infrastructure Pty Ltd T/A Access Infrastructure Pty Ltd

[2015] FWCA 4586

[2015] FWCA 4586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Infrastructure Pty Ltd T/A Access Infrastructure Pty Ltd
(AG2015/3829)

ACCESS INFRASTRUCTURE PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2015

Application for approval of the Access Infrastructure Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Access Infrastructure Pty Ltd Wheatstone Project 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 Access Infrastructure Pty Ltd T/A Access Infrastructure Pty Ltd (the Applicant). The agreement is a greenfields agreement.

[2] This is a greenfields agreement that meets the requirements of Section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 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 Australian Workers’ Union are 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.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

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