BMC HV Electrical & Instrumentation Pty Ltd

[2014] FWCA 8957

[2014] FWCA 8957

FAIR WORK COMMISSION

DECISION

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

BMC HV Electrical & Instrumentation Pty Ltd
(AG2014/8384)

BMC QUEENSLAND LNG PROJECTS UNION AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 DECEMBER 2014

Application for approval of the BMC Queensland LNG Projects Union Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BMC Queensland LNG Projects Union Agreement 2014 (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by BMC HV Electrical & Instrumentation Pty Ltd. The Agreement is a greenfields agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisations, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and 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] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 18 December 2014. The nominal expiry date of the Agreement is 18 December 2017.

DEPUTY PRESIDENT

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