Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2019] FWCA 1524

[2019] FWCA 1524

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6768)

MAXIM INFRASTRUCTURE PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE GREENFIELDS AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MARCH 2019

Application for approval of the Maxim Infrastructure Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018 - 2021.

[1] An application has been made for approval of a greenfields agreement known as the Maxim Infrastructure Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018 - 2021 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU).

[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 the ETU 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) of the Act I note the Agreement was made with the ETU and that the Agreement covers this organisation.

[5] The Agreement was approved on 7 March 2019 and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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Annexure A