BMC Welding & Construction Pty Ltd

[2014] FWCA 1102

[2014] FWCA 1102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Welding & Construction Pty Ltd
(AG2014/3586)

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

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 FEBRUARY 2014

Application for approval of the BMC Welding & Construction Pty Ltd CFMEU 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 CFMEU 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 Welding & Construction 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 clauses 21 and 40 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] I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the employee organisation to be covered by the agreement, is 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 20 February 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A