BMC Pty Ltd

[2014] FWCA 1598

[2014] FWCA 1598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Pty Ltd
(AG2014/446)

BMC WELDING & CONSTRUCTION PTY LTD AMWU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPEN CUT MINE VICTORIA, 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 MARCH 2014

Application for approval of the BMC Welding & Construction Pty Ltd AMWU Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2013.

[1] An application has been made for approval of an enterprise agreement known as the BMC Welding & Construction Pty Ltd AMWU Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by BMC Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 13 March 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE407171  PR548431>

APPENDIX A