Pernice Pty Ltd T/A Testing and Maintenance Solutions

[2014] FWCA 1886

[2014] FWCA 1886

FAIR WORK COMMISSION

DECISION

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

Pernice Pty Ltd T/A Testing and Maintenance Solutions
(AG2014/3905)

PERNICE PTY LTD T/A TESTING AND MAINTENANCE SOLUTIONS DOWNSTREAM LNG PROJECT GREENFIELDS AGREEMENT

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 MARCH 2014

Application for approval of the Pernice Pty Ltd t/a Testing and Maintenance Solutions Downstream LNG Project Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Pernice Pty Ltd t/a Testing and Maintenance Solutions Downstream LNG Project Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by Pernice Pty Ltd T/A Testing and Maintenance Solutions.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian 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.

[5] The Agreement is approved. In accordance with s.54(1), it will operate from 27 March 2014. The nominal expiry date of the Agreement is 27 March 2015.

DEPUTY PRESIDENT

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