Nacap Pty Ltd

[2021] FWCA 1149

[2021] FWCA 1149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nacap Pty Ltd
(AG2021/356)

NACAP OTWAYS PIPELINE PROJECT AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 3 MARCH 2021

Application for approval of the Nacap Otways Pipeline Project Agreement 2021.

[1] Nacap Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the Nacap Otways Pipeline Project 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] 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.

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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.

[5] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 3 March 2021 and, in accordance with s 54, will operate from 10 March 2021. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510628  PR727461>

Annexure A