NX Blue Pty Ltd

[2021] FWCA 4687

[2021] FWCA 4687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NX Blue Pty Ltd
(AG2021/6159)

NX BLUE PTY LTD, AWU POLO FLAT PRECAST SEGMENT FACTORY GREENFIELD AGREEMENT 2021 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 2 AUGUST 2021

Application for approval of the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021 - 2025.

[1] An application has been made for approval of a greenfields agreement known as the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Greenfield Agreement 2021 - 2025 (the Agreement). The application was made by NX Blue Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This greenfields agreement 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) 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] The Agreement as lodged omitted the employer’s address in the application, and contained typographical errors at clause 3.5.4 and in relation to the Agreement’s index. On 30 July 2021 the Applicant filed an amended Agreement fixing the error. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

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ANNEXURE A