Broadsword Marine Contractors Pty Ltd T/A Broadsword Marine Contractors

[2014] FWCA 3854

[2014] FWCA 3854

FAIR WORK COMMISSION

DECISION

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

Broadsword Marine Contractors Pty Ltd T/A Broadsword Marine Contractors
(AG2014/1073)

BROADSWORD MARINE CONTRACTORS PTY LTD ICHTHYS PROJECT INSHORE VESSELS ENGINEERS GREENFIELDS AGREEMENT 2014

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 11 JUNE 2014

Application for approval of the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Engineers Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Broadsword Marine Contractors Pty Ltd Ichthys Project Inshore Vessels Engineers Greenfields Agreement 2014 (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Institute of Marine and Power Engineers have given notice under s.187(5)(a) of the Act that they are an employee organisation covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that the employee organisation is in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of clauses 5 and 31. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[7] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 18 June 2014. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

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