Chell Engineering Pty Ltd T/A Chell Engineering Pty Ltd

[2015] FWCA 5860

[2015] FWCA 5860

FAIR WORK COMMISSION

DECISION

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

Chell Engineering Pty Ltd T/A Chell Engineering Pty Ltd
(AG2015/4355)

CHELL ENGINEERING PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 4 SEPTEMBER 2015

Application for approval of the Chell Engineering Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 August 2015 by Chell Engineering Pty Ltd T/A Chell Engineering Pty Ltd for the approval of a Greenfields agreement known as the Chell Engineering Pty Ltd Ichthys Onshore Construction Greenfields Agreement (“the Agreement”).

[2] Statutory declarations were provided by:

● Mr Larry Chellin, Director of Chell Engineering Pty Ltd;

● Mr Scott McDine, National Secretary of The Australian Workers’ Union (AWU); and

● Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);

● Mr J Ingham, Divisional Branch Assistant Secretary of the Construction, Forestry, Mining and Energy Union (CFMEU); and

● Mr P Simpson, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[3] In light of the statutory declarations, and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, CEPU, AMWU and the CFMEU are 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 and that it is in the public interest to approve the Agreement.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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