Sarens (Australia) Pty Ltd

[2015] FWCA 8787

[2015] FWCA 8787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sarens (Australia) Pty Ltd
(AG2015/6832)

SARENS AUSTRALIA PTY LTD - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Sarens Australia Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sarens Australia Pty Ltd – Gorgon Project – Barrow Island Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sarens (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union (CFMEU) lodged a Form F18 on 8 December 2015 in support of the application. The Form F16 did not nominate the CFMEU as a Union Bargaining Representative and the Applicant confirmed the Form F16 was not in error. The CFMEU were contacted by email on 15 December 2015 and asked to provide evidence to satisfy the Commission that the Union was a bargaining representative in the matter by close of business 17 December 2015. The CFMEU failed to provide any response to the email correspondence. The CFMEU failed to provide evidence in accordance with s.176 (1) of the Act, that they were in fact a bargaining representative in the matter. As I am not satisfied the CFMEU was a bargaining representative, I am not satisfied the CFMEU are entitled to be covered by the agreement pursuant to s.183 (1).

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417192  PR575243>