Australian Workers' Union, the

[2016] FWCA 703

[2016] FWCA 703

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2016/2220)

P & T FORMWORK & WELDING PTY LIMITED / AWU

WESTCONNEX PROJECT CIVIL CONSTRUCTION GREENFIELDS

AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE MELBOURNE, 3 FEBRUARY 2016

Application for approval of the P & T Formwork & Welding Pty Limited / AWU WestConnex

Project Civil Construction Greenfields Agreement 2016.

[1]        An application has been made for approval of an enterprise Agreement known as the P

& T Formwork & Welding Pty Limited / AWU WestConnex Project Civil Construction

Greenfields Agreement 2016 (Agreement). The application was made pursuant to s.185 of the

Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union.

[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.53(2)(b) I note the Agreement was made with The Australian Workers’

Union and that the Agreement covers this organisation.
[2016] FWCA 703

[5]        The Agreement is approved and, in accordance with s.54, will operate from 10

February 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

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