BMD Constructions Pty Ltd

[2014] FWCA 1676

[2014] FWCA 1676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

BMD Constructions Pty Ltd
(AG2014/409)

BMD CONSTRUCTIONS PTY LTD MELBOURNE PORT CAPACITY PROJECT - ASSOCIATED CIVIL WORKS - ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 MARCH 2014

Application for approval of the BMD Constructions Pty Ltd Melbourne Port Capacity Project - Associated Civil Works - Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 26 February 2014 by BMD Constructions Pty Ltd for the approval of a Greenfields agreement known as the BMD Constructions Pty Ltd Melbourne Port Capacity Project - Associated Civil Works - Enterprise Agreement 2014(“the Agreement”).

[2] A statutory declaration was provided by Mr K. Tapara, Organiser, of the Australian Workers’ Union (“the AWU”); and

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU 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 and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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