United Group Resources Pty Ltd
[2009] FWA 382
•24 SEPTEMBER 2009
[2009] FWA 382 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
(AG2009/13044)
UNITED GROUP RESOURCES PTY LTD BOYNE SMELTER DEVELOPMENT PROJECT CONSTRUCTION AGREEMENT 2009
[AE871569]
Metal industry | |
DEPUTY PRESIDENT MCCARTHY | PERTH, 24 SEPTEMBER 2009 |
United Group Resources Pty Ltd, Boyne Smelter Development Project Construction Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the United Group Resources Pty Ltd Boyne Smelter Development Project Construction Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a greenfields agreement.
[2] The Agreement was made during the bridging period as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I am satisfied that each of the requirements of s.186, s.187 and s.188 as are relevant to this application for approval have been met. An original copy of the Agreement was not lodged however I waive that requirement in the Rules.
[4] The Agreement contains a flexibility term and a consultation term.
[5] The Australian Workers’ Union and the Construction, Forestry, Mining and Energy Union have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.
[6] The Agreement is approved and, in accordance with s.54, will operate from 1 October 2009.The nominal expiry date of the Agreement is30 June 2012.
DEPUTY PRESIDENT
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