NDE Group Pty Ltd T/A NDE Group
[2024] FWCA 2589
•11 JULY 2024
| [2024] FWCA 2589 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
NDE Group Pty Ltd T/A NDE Group
(AG2024/2389)
NDE GROUP PTY LTD BHP WESTERN RIDGE CRUSHER PROJECT AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER SCHNEIDER | PERTH, 11 JULY 2024 |
Application for approval of the NDE Group Pty Ltd BHP Western Ridge Crusher Project Agreement 2024
An application has been made for approval of a greenfields agreement known as the NDE Group Pty Ltd BHP Western Ridge Crusher Project Agreement 2024 (the Agreement).
The application was made by NDE Group Pty Ltd T/A NDE Group pursuant to section 185 of the Fair Work Act 2009 (Cth) (the Act).
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. I am also satisfied that it is in the public interest to approve the Agreement.
The Applicant has provided written undertakings and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement.
In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the AWU) 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. Pursuant to section 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 section 54 of the Act, will operate from 18 July 2024. The nominal expiry date of the Agreement is 11 July 2028.
COMMISSIONER
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