Total Corrosion Control Pty Ltd
[2009] FWA 1472
•2 DECEMBER 2009
[2009] FWA 1472 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
(AG2009/13986)
Building, metal and civil construction industries | |
COMMISSIONER WILLIAMS | PERTH, 2 DECEMBER 2009 |
Total Corrosion Control Pty Ltd Pluto LNG Project Offshore Hook-Up and Commissioning Project AMWU Greenfields Agreement 2009.
[1] This is an application under Section 185 of the Fair Work Act 2009 for the approval of the Total Corrosion Control Pty Ltd Pluto LNG Project Offshore Hook-Up and Commissioning Project AMWU Greenfields Agreement 2009.
[2] Section 186 (6) of the Act prescribes that Fair Work Australia must be satisfied that the agreement includes a term about settling disputes.
[3] The agreement does include such a term being Clause 14 Dispute Resolution Procedure.
[4] Section 186 (6) (b) requires that the dispute settling term:
“… allows for the representation of employees covered by the agreement for the purposes of that procedure.”.
[5] As the statutory declaration provided by the applicant acknowledges Clause 14 Dispute Resolution Procedure does not include such representational rights for employees.
[6] I note that the AMWU support the application for approval of this Greenfields Agreement.
[7] The Agreement does not include a term that meets the mandatory specification of 186 (6) (b) and so it cannot be approved.
[8] This application is dismissed.
COMMISSIONER
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