Wagstaff Piling Pty Ltd
[2009] FWA 270
•10 SEPTEMBER 2009
[2009] FWA 270 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
(AG2009/381)
WAGSTAFF PILING PTY LTD - MECHANICAL & CIVIL ENGINEERING MORTLAKE PROJECT AGREEMENT 2009
(AG2009/381) [AE871457]
Metal industry | |
COMISSIONER BLAIR | MELBOURNE, 10 SEPTEMBER 2009 |
Wagstaff Piling Pty Ltd - Mechanical & Civil Engineering Mortlake Project Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as Wagstaff Piling Pty Ltd – Mechanical & Civil Engineering Mortlake Project Agreement 2009 (the Agreement). The Agreement is a single enterprise greenfields agreement. It has been made by Wagstaff Piling Pty Ltd and a single enterprise organisation, namely the Construction, Forestry, Mining and Energy Union (CFMEU).
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) and, accordingly, when considering whether to approve this agreement I have taken into account the provisions of Part2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU which will be covered by the Agreement.
[4] 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU is 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 passes the no-disadvantage test.
[6] The Agreement does not contain a model flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 2is taken to be a term of the Agreement.
[7] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 September 2009. The nominal expiry date of the Agreement is 16 September 2012.
COMMISSIONER
1 Schedule 2, Part 1, Section 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
2 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009
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<Price code 0, AE871457 PR989187 >
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