Thiess Pty Ltd T/A Thiess Sedgman Joint Venture

[2013] FWCA 9607

[2013] FWCA 9607

FAIR WORK COMMISSION

DECISION

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

Thiess Pty Ltd T/A Thiess Sedgman Joint Venture
(AG2013/10236)

THIESS SEDGMAN JOINT VENTURE BOGGABRI MINE - COAL HANDLING AND PROCESSING PLANT PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 DECEMBER 2013

Application for approval of the Thiess Sedgman Joint Venture Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Thiess Sedgman Joint Venture Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thiess Pty Ltd trading as Thiess Sedgman Joint Venture (the Employer) and nominates the Australian Workers’ Union (AWU); Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union - Electrical, Energy, and Services Division, NSW Divisional Branch (ETU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union - Plumbing Division, NSW Divisional Branch (CEPU); Construction, Forestry, Mining and Energy Union (Construction and General Division) NSW Divisional Branch (CFMEU) and the Transport Workers Union of Australia - NSW Branch (TWU)as the relevant Employee Organisations with which the Agreement was made. 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. In particular, I am satisfied that the AWU, AMWU, ETU, CEPU, CFMEU and TWU 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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