De Goey Contractors Pty Ltd

[2013] FWCA 1041

[2013] FWCA 1041

FAIR WORK COMMISSION

DECISION

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

De Goey Contractors Pty Ltd
(AG2013/4775)

DE GOEY CONTRACTORS PTY LTD HAY POINT EXPANSION 3 PROJECT UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 FEBRUARY 2013

Application for approval of the De Goey Contractors Pty Ltd Hay Point Expansion 3 Project Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 31 January 2013 by De Goey Contractors Pty Ltd for the approval of a Greenfields agreement known as the De Goey Contractors Pty Ltd Hay Point Expansion 3 Project Union Greenfield Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

• Mr P. Close, Assistant State Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”); and



• Mr B. Devlin, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU and AMWU 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 and that it is in the public interest to approve the Agreement.

[4] On 14 February 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

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

SENIOR DEPUTY PRESIDENT

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