Harsco Infrastructure (Gladstone) Pty Ltd

Case

[2012] FWA 5602

2 JULY 2012

No judgment structure available for this case.

[2012] FWA 5602


FAIR WORK AUSTRALIA

DECISION

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

Harsco Infrastructure (Gladstone) Pty Ltd
(AG2012/5147)

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 2 JULY 2012

Harsco Infrastructure (Gladstone) Pty Ltd Wiggin Island Coal Export Terminal Construction Union Greenfield Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 May 2012 by Harsco Infrastructure (Gladstone) Pty Ltd for the approval of a Greenfields agreement known as the Harsco Infrastructure (Gladstone) Pty Ltd Wiggin Island Coal Export Terminal Construction Union 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“CEPU”). Upon enquiry the Applicant has conceded that the CEPU does not represent the industrial interests of a majority of employees to be covered by the Agreement as required by s.187(5) of the Act.

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

SENIOR DEPUTY PRESIDENT

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