Halikos Roofing NT Pty Ltd
[2013] FWCA 1235
•22 FEBRUARY 2013
[2013] FWCA 1235 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Halikos Roofing NT Pty Ltd
(AG2013/303)
HALIKOS ROOFING NT PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT
Northern Territory | |
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 22 FEBRUARY 2013 |
Application for approval of the Halikos Roofing NT Pty Ltd Ichthys Onshore Construction Greenfields Agreement.
[1] An application has been made for approval of an enterprise agreement known as the Halikos Roofing NT Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Halikos Roofing Pty Ltd (the employer), the Australian Workers’ Union (AWU), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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.
[3] I am satisfied that it is in the public interest to approve the Agreement, based on the statutory declarations filed by the employer and each of the employee organisations with the exception of the AWU. Despite requests to do so, the AWU has not filed a complete statutory declaration which addresses why it is in the public interest to do so.
[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 March 2013. The nominal expiry date of the Agreement is 21 February 2017.
SENIOR DEPUTY PRESIDENT
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