CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV
[2023] FWCA 2313
•25 JULY 2023
| [2023] FWCA 2313 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV
(AG2023/2322)
JOHN HOLLAND CPB GHELLA JOINT VENTURE - SYDNEY METRO WEST – EASTERN TUNNELLING PACKAGE, AND AWU GREENFIELD AGREEMENT 2023 – 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 25 JULY 2023 |
Application for approval of the John Holland CPB Ghella Joint Venture - Sydney Metro West – Eastern Tunnelling Package, and AWU Greenfield Agreement 2023 – 2027
An application has been made for approval of a greenfields agreement known as the John Holland CPB Ghella Joint Venture - Sydney Metro West – Eastern Tunnelling Package, and AWU Greenfield Agreement 2023 – 2027 (the Agreement). The application was made by CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV pursuant to s.185 of the Fair Work Act 2009 (Act).
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 Australian Workers’ Union (AWU) 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.
The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CPB Contractors Pty Limited & John Holland Pty Ltd & Ghella Pty Ltd T/A JCG JV and the AWU and that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2023. The nominal expiry date of the Agreement is 1 July 2027.
DEPUTY PRESIDENT
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