Kuiper Australia Pty Ltd

[2021] FWCA 3715

[2021] FWCA 3715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kuiper Australia Pty Ltd
(AG2021/5558)

AMC FACILITIES GREENFIELD AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 JUNE 2021

Application for approval of the AMC Facilities Greenfield Agreement 2021.

[1] Kuiper Australia Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the AMC Facilities Greenfield Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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] In accordance with s 187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

[5] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[6] The Agreement was approved on 29 June 2021 and, in accordance with s 54, will operate from 6 July 2021. The nominal expiry date of the Agreement is 6 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A