Pentacon Pty Ltd

[2016] FWCA 195

[2016] FWCA 195

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pentacon Pty Ltd

(AG2015/7706)

PENTACON LNG PROJECTS UNION GREENFIELD AGREEMENT

(2015)

Building, metal and civil construction industries

COMMISSIONER GREGORY MELBOURNE, 13 JANUARY 2016

Application for approval of the Pentacon LNG Projects Union Greenfield Agreement (2015).

[1]        An application has been made for approval of a greenfields agreement known as the

Pentacon LNG Projects Union Greenfield Agreement (2015) (Agreement). The application

was made by Pentacon Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2]        This is a greenfields agreement that 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries

Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian

Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia 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]        An undertaking has been given in relation to clause 8.2 of the Agreement and this

undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and

is appended at Appendix A.

[4]        Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as

the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied

Services Union of Australia and that the Agreement covers these organisations.
[2016] FWCA 195

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

20 January 2016. The nominal expiry date of the Agreement is 12 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417406 PR576010>

[2016] FWCA 195

Appendix A