David Booth & Sons Pty Ltd

[2015] FWCA 1097

[2015] FWCA 1097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Booth & Sons Pty Ltd
(AG2014/10349)

DAVID BOOTH & SONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the David Booth & Sons Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the David Booth & Sons Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made by David Booth & Sons Pty Ltdpursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] An undertaking has been given in relation to clause 34 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2015. The nominal expiry date of the Agreement is 15 August 2018.

DEPUTY PRESIDENT

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APPENDIX A