Nilsen (Qld) Pty Ltd

Case

[2014] FWCA 2955

6 MAY 2014

No judgment structure available for this case.

[2014] FWCA 2955

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Nilsen (Qld) Pty Ltd
(AG2014/886)

NILSEN (QLD) PTY LTD APLNG UPSTREAM PROJECT UNION GREENFIELDS AGREEMENT 2014

Electrical contracting industry

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 6 MAY 2014

Application for approval of the Nilsen (Qld) Pty Ltd APLNG Upstream Project Union Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nilsen (Qld) Pty Ltd APLNG Upstream Project Union Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by Nilsen (Qld) Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisations, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australia Workers’ Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 12 May 2014. The nominal expiry date of the Agreement is 20 March 2016.

DEPUTY PRESIDENT

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