Corestaff Vic P/L

[2015] FWCA 7803

[2015] FWCA 7803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corestaff Vic P/L
(AG2015/6049)

CORESTAFF VIC P/L SITE SPECIFIC (ECOGEN ENERGY / NEWPORT POWER STATION 250 DOUGLAS PARADE, NEWPORT 3015) METALS LABOUR HIRE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the Corestaff Vic P/L site specific (Ecogen Energy / Newport Power Station 250 Douglas Parade, Newport 3015) Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of a greenfields agreement known as the Corestaff Vic P/L site specific (Ecogen Energy / Newport Power Station 250 Douglas Parade, Newport 3015) Metals Labour Hire Agreement 2013-2016 (Agreement). The application was made by Corestaff Vic P/L pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that this is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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Annexure A