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austlii:cth/FWCA/2013/1423
procedural. The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision. The nominal expiry date of the Agreement is 31 July 2013.
The Fair Work Commission approved a greenfields agreement for The Underwater Centre Fremantle Pty Ltd covering integrated ratings, cooks, caterers and seafarers in the offshore oil and gas industry. The agreement was approved because the statutory requirements were met: the Maritime Union of Australia was entitled to represent a majority of the future employees, and it was in the public interest to approve the agreement. The agreement would take effect seven days after the decision and expire on 31 July 2013.
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1 cited instrument linked from this judgment.
s.185 - Application for approval of a greenfields agreement
THE UNDERWATER CENTRE FREMANTLE PTY LTD INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (OFFSHORE OIL AND GAS) GREENFIELD AGREEMENT 2013
Application for approval of the The Underwater Centre Fremantle Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield Agreement 2013.
[1] On 27 February 2013, The Underwater Centre Fremantle Pty Ltd made application for approval of a greenfields agreement to be known as The Underwater Centre Fremantle Pty Ltd Integrated Ratings, Cooks, Caterers and Seafarers (Offshore Oil and Gas) Greenfield Agreement 2013 ("the Agreement"). The application was made pursuant to s.185 of the Fair Work Act 2009 ("the FW Act").
[2] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.
[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.
[4] The Employer has declared that the Maritime Union of Australia (MUA) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The MUA has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.
[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.
[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.
[7] The nominal expiry date of the Agreement is 31 July 2013.
Printed by authority of the Commonwealth Government Printer
The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision. The nominal expiry date of the Agreement is 31 July 2013.