Chelgrave Contracting Australia Pty Ltd

[2015] FWCA 2309

[2015] FWCA 2309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2015/613)

CHELGRAVE CONTRACTING AUST P/L AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the Chelgrave Contracting Aust P/L and AMWU Metal Engineering On-Site Construction Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Chelgrave Contracting Aust P/L and AMWU Metal Engineering On-Site Construction Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Chelgrave Contracting Aust Pty Ltd. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Chelgrave Contracting Aust Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Based on statutory declaration provided by the organisation, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 2 April 2015 and, in accordance with s.54, will operate from 9 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

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<Price code J, AE413368  PR562736>

Appendix A