Cape Australia Onshore Pty Ltd T/A Cape Australia
[2015] FWCA 591
•22 JANUARY 2015
| [2015] FWCA 591 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cape Australia Onshore Pty Ltd T/A Cape Australia
(AG2014/10779)
CAPE AUSTRALIA PAINTING AND BLASTING ENTERPRISE AGREEMENT 2014
Building, metal and civil construction industries | |
DEPUTY PRESIDENT SMITH | MELBOURNE, 22 JANUARY 2015 |
Application for approval of the Cape Australia Painting and Blasting Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Cape Australia Painting and Blasting Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cape Australia Onshore Pty Ltd T/A Cape Australia. The Agreement is a single enterprise agreement.
[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] As noted, pursuant to s.190(3), I have accepted undertakings from Cape Australia Onshore T/A Cape Australia. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.
[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 31 December 2017.
DEPUTY PRESIDENT
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