Kobalt Enc Pty Ltd

[2013] FWCA 10000

[2013] FWCA 10000

FAIR WORK COMMISSION

DECISION

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

Kobalt Enc Pty Ltd
(AG2013/10461)

KOBALT ENC PTY LTD QUEENSLAND LNG PROJECTS UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 DECEMBER 2013

Application for approval of the Kobalt Enc Pty Ltd Queensland LNG Projects Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 December 2013 by Kobalt Enc Pty Ltd for the approval of a Greenfields agreement known as the Kobalt Enc Pty Ltd Queensland LNG Projects Union Greenfield Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

• Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);



• Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and



• Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU are 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 and that it is in the public interest to approve the Agreement.

[4] On 20 December 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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