Construction, Forestry, Mining and Energy Union

[2013] FWCA 4135

[2013] FWCA 4135

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7030)

RAW RECRUITMENT PTY LTD THE RTBU AND THE CFMEU REGIONAL RAIL LINK GREENFIELDS AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 26 JUNE 2013

Application for approval of the Raw Recruitment Pty Ltd the RTBU and the CFMEU Regional Rail Link Greenfields Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Raw Recruitment Pty Ltd the RTBU and the CFMEU Regional Rail Link Greenfields Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU), the Australian Rail, Tram and Bus Industry Union (ARTBIU) and Raw Recruitment Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU and the ARTBIU which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 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 employee organisations, taken as a group, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE402019  PR538234>