Jan De Nul (Australia) Pty Ltd

[2014] FWCA 9176

[2014] FWCA 9176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jan De Nul (Australia) Pty Ltd
(AG2014/8331)

JAN DE NUL (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS UNION PORT OF BRISBANE EARTHWORKS GREENFIELDS AGREEMENT 2013 TO 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 DECEMBER 2014

Application for approval of the Jan De Nul (Australia) Pty Ltd and the Australian Workers Union Port of Brisbane Earthworks Greenfields Agreement 2013 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jan De Nul (Australia) Pty Ltd and the Australian Workers Union Port of Brisbane Earthworks Greenfields Agreement 2013 to 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jan De Nul (Australia) Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[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] 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.

[5] The Agreement was approved on 17 December 2014 and, in accordance with s.54, will operate from 24 December 2014. The nominal expiry date of the Agreement is
1 September 2017.

DEPUTY PRESIDENT

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