Brand Energy and Infrastructure Services Australia Pty Ltd

[2019] FWCA 3119

[2019] FWCA 3119

FAIR WORK COMMISSION

DECISION

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

Brand Energy and Infrastructure Services Australia Pty Ltd
(AG2018/6513)

HUNTER VALLEY ALL SITES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 7 MAY 2019

Application for approval of the Hunter Valley All Sites Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Hunter Valley All Sites Enterprise Agreement 2018 (‘the Agreement’). The application was made by Brand Energy & Infrastructure Services Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] The Australian Manufacturing Workers’ Union and the Construction Forestry Maritime Mining Energy Union each filed Form F18s on 21 December 2018 and 4 February 2019 respectively. Each Form F18 raised similar objections relating to access to, and explanation of, the Agreement.

[3] On 28 March 2019, I issued Directions for the filing of Submissions to deal with the issues between the parties.

[4] On 9 April 2019, the Australian Manufacturing Workers’ Union and the Construction Forestry Maritime Mining Energy Union both expressed that they no longer objected to the Applicant’s application for the approval of the Agreement and that they would both file amended Form F18’s. The Australian Manufacturing Workers’ Union filed an amended Form F18 on 9 April 2019. The Construction Forestry Maritime Mining Energy Union filed their amended Form F18 on 10 April 2019.

[5] The Australian Manufacturing Workers’ Union and the Construction Forestry Maritime Mining Energy Union have each given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers those organisations.

[6] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 14 May 2022.

DEPUTY PRESIDENT

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