WICET Services Pty Ltd

[2014] FWCA 5458

[2014] FWCA 5458

FAIR WORK COMMISSION

DECISION

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

WICET Services Pty Ltd
(AG2014/8555)

OTOT AGREEMENT 2014

Coal export terminals
COMMISSIONER SIMPSON	BRISBANE, 12 AUGUST 2014

Application for approval of the OTOT Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 August 2014 by WICET Services Pty Ltd for the approval of a Greenfields agreement known as the OTOT Agreement 2014 (“the Agreement”).

[2] Statutory declarations were provided by

● Ms J Jenkins, Manager - HR & Services of WICET Services Pty Ltd; and

● Mr B Swan , Branch Secretary of The Australian Workers’ Union.

[1] In light of the statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU 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 and that it is in the public interest to approve the Agreement.

[2] 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 the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

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

COMMISSIONER

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