Fencescape Gladstone Pty Ltd

[2012] FWA 7323

[2012] FWA 7323

FAIR WORK AUSTRALIA

DECISION

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

Fencescape Gladstone Pty Ltd
(AG2012/10518)

SENIOR DEPUTY PRESIDENT RICHARDS BRISBANE, 24 AUGUST 2012

Fencescape Gladstone Pty Ltd Wiggins Island Coal Export Terminal Greenfield Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 August 2012 by Fencescape Gladstone Pty Ltd (“the Applicant”) for the approval of a greenfields agreement known as the Fencescape Gladstone Pty Ltd Wiggins Island Coal Export Terminal Greenfield Agreement 2012 (“the Agreement”).

[2] The Agreement has been made pursuant to s.182(3) of the Act with one employee organisation only, that being the Australian Workers’ Union (“AWU”). Upon enquiry the Applicant has conceded that the Agreement was intended to be made with a further two employee organisations and has not been made in accordance with s.182(3) of the Act. Notwithstanding the possible application of s.182(3) of the Act, the Applicant concurs that in the circumstances the application should be dismissed, and will lodge a further application better representing its intentions.

[3] As a consequence, the application for approval of the Agreement is dismissed.

SENIOR DEPUTY PRESIDENT

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