Tincone Pty Ltd

[2014] FWCA 4861

[2014] FWCA 4861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tincone Pty Ltd
(AG2014/1269)

TINCONE HAY POINT EXPANSION 3 PROJECT UNION GREENFIELD AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 18 JULY 2014

Application for approval of the Tincone Hay Point Expansion 3 Project Union Greenfield Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tincone Hay Point Expansion 3 Project Union Greenfield Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by Tincone Pty Ltd and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing Allied Services Union of Australia (CEPU), the Construction, Forestry, Mining and Energy Union (CFMEU), and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] 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 CEPU, CFMEU and AMWU 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 and, in accordance with s54 of the Act, will operate from 25 July 2014. The nominal expiry date of the Agreement is 30 December 2015.

SENIOR DEPUTY PRESIDENT

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