Speno Rail Maintenance Australia Pty Ltd

[2014] FWCA 9483

[2014] FWCA 9483

FAIR WORK COMMISSION

DECISION

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

Speno Rail Maintenance Australia Pty Ltd
(AG2014/10426)

SPENO RAIL MAINTENANCE AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 DECEMBER 2014

Application for approval of the Speno Rail Maintenance Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Speno Rail Maintenance Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made Speno Rail Maintenance Australia Pty Ltd.

[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 Australian Workers’ Union is 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 31 December 2014 and, in accordance with s.54, will operate from 7 January 2015. The nominal expiry date of the Agreement is 7 July 2018.

COMMISSIONER

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