White Powder Pty Ltd ATF Goldmont Trust T/A Goldmont

[2015] FWCA 589

[2015] FWCA 589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

White Powder Pty Ltd ATF Goldmont Trust T/A Goldmont
(AG2014/10311)

GOLDMONT WHEATSTONE PROJECT AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the Goldmont Wheatstone Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Goldmont Wheatstone Project Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by White Powder Pty Ltd ATF Goldmont Trust T/A Goldmont. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from White Powder Pty Ltd ATF Goldmont Trust T/A Goldmont. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 22 January 2015 and, in accordance with s.54, will operate from 29 January 2015. The nominal expiry date of the Agreement is 21 January 2019.

DEPUTY PRESIDENT

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ATTACHMENT A