Nacap Pty Ltd

[2020] FWCA 6943

[2020] FWCA 6943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nacap Pty Ltd
(AG2020/3743)

NACAP WA PIPELINES AGREEMENT 2020

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2020

Application for approval of the Nacap WA Pipelines Agreement 2020

[1] Nacap Pty Ltd has made an application for approval of a greenfields agreement known as the Nacap WA Pipelines Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the 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 has 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.

[3] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AWU and that the Agreement covers this organisation.

[5] The Agreement was approved on 21 December 2020 and, in accordance with s 54, will operate from 28 December 2020. The nominal expiry date of the Agreement is 21 December 2024.

DEPUTY PRESIDENT

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Annexure A