Hamon Australia Pty Ltd

[2013] FWCA 4527

[2013] FWCA 4527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hamon Australia Pty Ltd
(AG2013/1555)

HAMON AUSTRALIA PTY LTD AUSTRALIA BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU & CFMEU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 JULY 2013

Application for approval of the Hamon Australia Pty Ltd Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hamon Australia Pty Ltd Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 13 December 2015.

DEPUTY PRESIDENT

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