Applus RTD Pty Ltd

[2015] FWCA 8164

[2015] FWCA 8164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Applus RTD Pty Ltd
(AG2015/6170)

APPLUS RTD PTY LTD ICHTHYS OFFSHORE HOOK-UP AND COMMISSIONING GREENFIELDS AGREEMENT 2015

Northern Territory
COMMISSIONER CLOGHAN	PERTH, 26 NOVEMBER 2015

Application for approval of the Applus RTD Pty Ltd Ichthys Offshore Hook-Up and Commissioning Greenfields Agreement 2015.

[1] On 13 November 2015, Applus RTD Pty Ltd (Employer) made application for approval of a greenfields agreement to be known as the Applus RTD Pty Ltd Ichthys Offshore Hook-Up and Commissioning Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[4] The Employer has declared that the Australian Workers’ Union (AWU); Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The AWU, AMWU and CEPU have made similar declarations. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[7] The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

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