Bothar Boring and Tunnelling Operations Pty Limited

[2013] FWCA 1318

[2013] FWCA 1318

FAIR WORK COMMISSION

DECISION

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

Bothar Boring and Tunnelling Operations Pty Limited
(AG2013/374)

BOTHAR BORING AND TUNNELLING OPERATIONS PTY LTD GLNG UPSTREAM WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 MARCH 2013

Approval of the Bothar Boring and Tunnelling Operations Pty Ltd GLNG Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 February 2013 by Bothar Boring and Tunnelling Operations Pty Limited for the approval of a Greenfields agreement known as the Bothar Boring and Tunnelling Operations Pty Ltd GLNG Upstream Works Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

• Mr W. Ludwig, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);



• Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and



• Mr P. Ong, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU are 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] On 1 March 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement

[5] In light of the Employer’s undertaking, 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.

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

SENIOR DEPUTY PRESIDENT

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