Decmil Australia Pty Ltd

[2020] FWCA 2250

[2020] FWCA 2250

FAIR WORK COMMISSION

DECISION

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

Decmil Australia Pty Ltd
(AG2020/1087)

DA QUEENSLAND CSG PROJECT SPECIFIC AGREEMENT

Oil and gas industry
COMMISSIONER SPENCER	BRISBANE, 30 APRIL 2020

Application for approval of the DA Queensland CSG Project Specific Agreement.

[1] An application has been made for approval of an enterprise agreement known as the DA Queensland CSG Project Specific Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decmil Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), lodged a Form F18 statutory declaration advising the Commission the CEPU supported approval of the Agreement and giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[3] Mr Rohan Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration advising it supported approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[4] Subject to matters 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.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[6] The CEPU and AMWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU and AMWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2020. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507928  PR718696>

Annexure A.