Holmes Machine Operators Pty Ltd T/A Blacks Earthmoving
[2014] FWCA 4699
•21 JULY 2014
[2014] FWCA 4699 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Holmes Machine Operators Pty Ltd T/A Blacks Earthmoving
(AG2014/1720)
BLACKS EARTHMOVING ROY HILL AWU GREENFIELDS AGREEMENT 2014
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MCCARTHY | PERTH, 21 JULY 2014 |
Application for approval of the Blacks Earthmoving Roy Hill AWU Greenfields Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Blacks Earthmoving Roy Hill AWU Greenfields Agreement 2014 (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] 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.
[4] 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 three and a half years from the date of this decision
DEPUTY PRESIDENT
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