Fletcher International Exports Pty Ltd

[2015] FWCA 1873

[2015] FWCA 1888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Earthmoving Maintenance Services Pty Ltd
(AG2015/570)

EARTHMOVING MAINTENANCE SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2015

Application for approval of the Earthmoving Maintenance Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Earthmoving Maintenance Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Earthmoving Maintenance Services Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[5] The Agreement