Construction, Forestry, Mining and Energy Union

[2013] FWCA 1698

[2013] FWCA 1698

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/5503)

MARAWA PTY LTD/CFMEU GREENFIELDS AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 21 MARCH 2013

Application for approval of the Marawa Pty Ltd/CFMEU Greenfields Agreement (ACT) 2013-2016 .

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Marawa Pty Ltd/CFMEU Greenfields Agreement (ACT) 2013-2016.

[2] The application was lodged by the Construction, Forestry, Mining and Energy Union and is a Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 18 October 2012.

[4] I have considered the matters contained in the employer declaration and the declarations made on behalf of the Construction, Forestry, Mining and Energy Union, which I note will be covered by the Agreement.

[5] 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 Construction, Forestry, Mining and Energy Union, is entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields 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 Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2013. The nominal expiry date of the Agreement is 15 November 2016.

COMMISSIONER

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