Construction, Forestry, Mining and Energy Union
[2013] FWCA 5638
•12 AUGUST 2013
[2013] FWCA 5638 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Construction, Forestry, Mining and Energy Union
(AG2013/2254)
L.A.D. SERVICES PTY LTD PROJECT UNION GREENFIELDS AGREEMENT
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 12 AUGUST 2013 |
Application for approval of the L.A.D. Services Pty Ltd Project Union Greenfields Agreement.
[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 August 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a Greenfields agreement known as the L.A.D. Services Pty Ltd Project Union Greenfields Agreement(“the Agreement”).
[2] I note that clause 23 of the Agreement (“employment security and engagement of sub-contractors and labour hire”) raises enforceability questions. In this respect, I explained in a previous decision - [2013] FWC 5033 - that such a clause, as it purports to restrict or qualify the employer’s right to use contractors or utilise contracted labour, may not comprise permitted content for the purposes of s.172 of the Act.
[3] A statutory declaration was provided by Mr P. Close, Assistant Divisional Branch Secretary, of the CFMEU.
[4] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU 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.
[5] 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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