Falck Victoria Pty Ltd

[2016] FWCA 5020

[2016] FWCA 5020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falck Victoria Pty Ltd
(AG2016/1535)

CFMEU FALCK VICTORIA HAZELWOOD ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	MELBOURNE, 29 JULY 2016

Application for approval of the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the CFMEU Falck Victoria Hazelwood Enterprise Agreement 2016 (Agreement). The application was made by Falck Victoria Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 Construction, Forestry, Mining and Energy Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

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