Construction, Forestry, Mining and Energy Union

[2013] FWCA 1252

[2013] FWCA 1252

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/12911)

MIRVAC HAMILTON PARK SOUTH (REEDY CREEK) PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 FEBRUARY 2013

Application for approval of the Mirvac Hamilton Park South (Reedy Creek) Project Union Greenfields Agreement - read in conjunction with decision in [2013] FWC 912.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 December 2012 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a Greenfields agreement known as the Mirvac Hamilton Park South (Reedy Creek) Project Union Greenfields Agreement(“the Agreement”).

[2] A statutory declaration was provided by Mr P. Close, Assistant Divisional Branch Secretary, of the CFMEU.

[3] 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. I note further that this approval decision should be read in conjunction with my decision in [2013] FWC 912.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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