Kelpage Holdings Pty Ltd T/A Safeguard Hire

[2014] FWCA 2934

[2014] FWCA 2934

FAIR WORK COMMISSION

DECISION

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

Kelpage Holdings Pty Ltd T/A Safeguard Hire
(AG2014/4129)

SAFEGUARD HIRE & CFMEU MECHANICAL POWER INDUSTRY ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 MAY 2014

Application for approval of the Safeguard Hire & CFMEU Mechanical Power Industry Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Safeguard Hire & CFMEU Mechanical Power Industry Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kelpage Holdings Pty Ltd T/A Safeguard Hire. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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. In particular, I am satisfied that the Construction, Forestry, Mining and Energy Union 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Kelpage Holdings Pty Ltd T/A Safeguard Hire. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2014. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Attachment A:

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