Sapura Petroleum (Australia) Pty Ltd

[2013] FWCA 1029

[2013] FWCA 1029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sapura Petroleum (Australia) Pty Ltd
(AG2013/227)

SAPURA PETROLEUM (AUSTRALIA) PTY LTD OTWAY PHASE 3 DEVELOPMENT PROJECT AMWU, AWU AND ETU OFFSHORE CONSTRUCTION AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 14 FEBRUARY 2013

Application for approval of the Sapura Petroleum (Australia) Pty Ltd Otway Phase 3 Development Project AMWU, AWU, and ETU Offshore Construction Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sapura Petroleum (Australia) Pty Ltd Otway Phase 3 Development Project AMWU, AWU, and ETU Offshore Construction Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sapura Petroleum (Australia) Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] An undertaking has been given in relation to clauses 19 and 20 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] I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisations to be covered by the agreement, 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 was approved on 14 February 2013 and, in accordance with s.54, will operate from 21 February 2013. The nominal expiry date of the Agreement is 30 June 2013.

COMMISSIONER

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ANNEXURE A