Nacap Pty Ltd
[2022] FWCA 1579
•12 MAY 2022
| [2022] FWCA 1579 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nacap Pty Ltd
(AG2022/1318)
Nacap Port Kembla Pipeline Project Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 12 MAY 2022 |
Application for approval of the Nacap Port Kembla Pipeline Project Agreement 2022
An application has been made for approval of a greenfields agreement known as the Nacap Port Kembla Pipeline Project Agreement 2022 (the Agreement). The application was made by Nacap Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).
This is a greenfields agreement that 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 Australian Workers’ Union (AWU) 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.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
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