TK & KM Pty Ltd

[2015] FWCA 417

[2015] FWCA 417

FAIR WORK COMMISSION

DECISION

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

TK & KM Pty Ltd
(AG2014/10504)

TK & KM PTY LTD HAY POINT EXPANSION 3 PROJECT AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 JANUARY 2015

Application for approval of the TK & KM Pty Ltd Hay Point Expansion 3 Project Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 December 2014 by TK & KM Pty Ltd for the approval of a single-enterprise agreement known as the TK & KM Pty Ltd Hay Point Expansion 3 Project Agreement(“the Agreement”).

[2] On 20 January 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union (“the CFMEU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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