BMC Welding and Construction Pty Ltd

[2019] FWCA 270

[2019] FWCA 270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Welding and Construction Pty Ltd
(AG2018/7097)

BMC WELDING AND CONSTRUCTION PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2019

Application for approval of the BMC WELDING AND CONSTRUCTION PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of a greenfields agreement known as the BMC WELDING AND CONSTRUCTION PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement). The application was made by BMC Welding and Construction Pty Ltd 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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