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austlii:cth/FWCA/2016/52
procedural. The Agreement was approved and, in accordance with s.54, will operate from 12 January 2016. The nominal expiry date of the Agreement is 1 September 2018.
The Fair Work Commission approved a greenfields enterprise agreement between Spiecapag Australia Pty Ltd and The Australian Workers' Union for the Wheatstone Project. The Commissioner found that all statutory requirements were met, including that the union could represent a majority of future employees, the employee group was fairly chosen, and approval was in the public interest. The agreement will operate from 12 January 2016 until 1 September 2018.
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3 cited instruments linked from this judgment.
s.185 - Enterprise agreement
SPIECAPAG AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2015
Application for approval of the Spiecapag Australia Pty Ltd Wheatstone Project Agreement 2015.
[1] An application has been made for approval of an enterprise Agreement known as the Spiecapag Australia Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Spiecapag Australia Pty Ltd.
[2] This is a greenfields Agreement that meets the requirements of s.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 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.
[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[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] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers' Union and that the Agreement covers this organisation.
[7] The Agreement is approved and, in accordance with s.54, will operate from 12 January 2016. The nominal expiry date of the Agreement is 1 September 2018.
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The Agreement was approved and, in accordance with s.54, will operate from 12 January 2016. The nominal expiry date of the Agreement is 1 September 2018.