Pan Process Pty Ltd

[2013] FWCA 3425

[2013] FWCA 3425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Pan Process Pty Ltd
(AG2013/1299)

PAN PROCESS PTY LTD WIGGINS ISLAND COAL EXPORT TERMINAL CONSTRUCTION UNION GREENFIELD AGREEMENT 2012

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Pan Process Pty Ltd Wiggins Island Coal Export Terminal Construction Union Greenfield Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 May 2013 by the Pan Process Pty Ltd for the approval of a Greenfields agreement known as the Pan Process Pty Ltd Wiggins Island Coal Export Terminal Construction Union Greenfield Agreement 2012 (“the Agreement”)

[2] Statutory declarations were provided by:

● Mr D Edwards, Managing Director, Pan Process Pty Ltd,

● Mr B Swan, Branch Secretary of The Australian Workers’ Union

(the “AWU”) ,

• Mr P Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), and




● Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the “AMWU”).

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU , the CEPU, and the AMWU 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 and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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