Marr Contracting Pty Ltd
[2009] FWA 420
•12 OCTOBER 2009
[2009] FWA 420 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
(AG2009/14578)
WORSLEY EFFICIENCY AND GROWTH PROJECT MARR CONTRACTING PTY LTD CIVIL WORKS GREENFIELDS AGREEMENT 2009
(ODN ) [AE871611]
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MCCARTHY | PERTH, 12 OCTOBER 2009 |
Worsley Efficiency and Growth Project Marr Contracting Pty Ltd Civil Works Greenfields Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Worsley Efficiency and Growth Project Marr Contracting Pty Ltd Civil Works Greenfields Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.
[2] The Agreement was made during the bridging period as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I am satisfied that each of the requirements of s.186, s.187 and s.188 as are relevant to this application for approval have been met.
[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.
[5] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.
[6] The Australian Workers’ Union and the Construction, Forestry, Mining and Energy Union have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.
[7] The Agreement is approved and, in accordance with s.54, will operate from 19 October 2009.The nominal expiry date of the Agreement isthree and a half years from 19 October 2009.
DEPUTY PRESIDENT
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