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austlii:cth/FWCA/2015/4080
procedural. The Cable Jointing Statewide Wheatstone Project Agreement 2015 is approved and will operate from 25 June 2015 with a nominal expiry date of 17 June 2019.
The Fair Work Commission approved a greenfields enterprise agreement between Cable Jointing Statewide and The Australian Workers' Union for work on the Wheatstone Project. A 'greenfields' agreement is made before any employees are hired for a new project. The Commission checked that the agreement met all legal requirements, including that the union could represent the workers who would be employed, and that approving the agreement was in the public interest. The agreement will start on 25 June 2015 and expire on 17 June 2019. Standard consultation and flexibility terms required by law were also included.
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2 cited instruments linked from this judgment.
s.185 - Enterprise agreement
Heathcate Holdings Pty Ltd T/A Cable Jointing Statewide
CABLE JOINTING STATEWIDE WHEATSTONE PROJECT AGREEMENT 2015
Application for approval of the Cable Jointing Statewide Wheatstone Project Agreement 2015.
[1] An application has been made for approval of a greenfields agreement known as the _Cable Jointing Statewide Wheatstone Project Agreement 2015 (_Agreement). The application was made by Heathcate Holding Pty Ltd T/A Cable Jointing Statewide pursuant to s.185 of the Fair Work Act 2009 (Act).
[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 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 Australian Workers' Union are 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.
[3] 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.
[4] 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.
[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers' Union and that the Agreement covers these organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2015. The nominal expiry date of the Agreement is 17 June 2019.
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The Cable Jointing Statewide Wheatstone Project Agreement 2015 is approved and will operate from 25 June 2015 with a nominal expiry date of 17 June 2019.