McDermott Australia Pty Ltd

[2017] FWCA 6644

[2017] FWCA 6644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McDermott Australia Pty Ltd
(AG2017/5611)

MCDERMOTT AUSTRALIA PTY LTD- GREATER WESTERN FLANK-2 OFFSHORE CONSTRUCTION PROJECT GREENFIELDS AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2017

Application for approval of the McDermott Australia Pty Ltd - Greater Western Flank-2 Offshore Construction Project Greenfields Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the McDermott Australia Pty Ltd- Greater Western Flank- 2 Offshore Construction Project Greenfields Agreement 2017 (Agreement). The application was made by McDermott Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Agreement meets the requirements of section 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. 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), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Workers’ Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 31 May 2019.

DEPUTY PRESIDENT

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Annexure A