Industrial Turn Key Projects Pty Ltd

Case

[2015] FWCA 2443

9 APRIL 2015

No judgment structure available for this case.

[2015] FWCA 2443
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Industrial Turn Key Projects Pty Ltd
(AG2015/738)

INDUSTRIAL TURN KEY PROJECTS PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 9 APRIL 2015

Application for approval of the Industrial Turn Key Projects Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Turn Key Projects Pty Ltd Wheatstone Project Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Turn Key Projects 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, 187 and 188 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 9 April 2015 and, in accordance with s.54, will operate from 16 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

DEPUTY PRESIDENT

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