APS (WA) Pty Ltd

[2016] FWCA 469

[2016] FWCA 469

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

APS (WA) Pty Ltd

(AG2016/73)

APS (WA) PTY LTD - GORGON PROJECT - BARROW ISLAND

ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE MELBOURNE, 25 JANUARY 2016

Application for approval of the APS (WA) Pty Ltd - Gorgon Project - Barrow Island

Enterprise Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

APS (WA) Pty Ltd - Gorgon Project - Barrow Island Enterprise 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 APS (WA) Pty Ltd. 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]        The Construction, Forestry, Mining and Energy Union, being a 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 the

organisations.
[2016] FWCA 469

[4]        The Agreement was approved on 25 January 2016 and, in accordance with s.54, will

operate from 1 February 2016. The nominal expiry date of the Agreement is 31 December

2017.

COMMISSIONER

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