Measurement Control Engineering Pty Ltd

[2015] FWCA 1813

[2015] FWCA 1813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Measurement Control Engineering Pty Ltd
(AG2015/459)

MEASUREMENT CONTROL ENGINEERING PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MARCH 2015

Application for approval of the Measurement Control Engineering Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Measurement Control Engineering Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Measurement Control Engineering Pty Ltd. The Agreement is a greenfields agreement.

[2] An undertaking has been given in relation to clauses 30 and 33 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union (Western Australian Branch), the employee organisation to be covered by the agreement, 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.

[6] The Agreement was approved on 18 March 2015 and, in accordance with s.54, will operate from 25 March 2015. The nominal expiry date of the Agreement is 17 March 2019.

DEPUTY PRESIDENT

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APPENDIX A