Direct Skills Civil Mining and Rail (NSW) Pty Ltd

[2013] FWCA 8239

[2013] FWCA 8239

FAIR WORK COMMISSION

DECISION

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

Direct Skills Civil Mining and Rail (NSW) Pty Ltd
(AG2013/9789)

DIRECT SKILLS AND THE AUSTRALIAN WORKERS' UNION NSW GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 24 OCTOBER 2013

Application for approval of the Direct Skills and The Australian Workers' Union NSW Greenfields Agreement 2013.

[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 Direct Skills and The Australian Workers’ Union NSW Greenfields Agreement 2013-2014.

[2] The application was lodged by Direct Skills Civil Mining and Rail (NSW) Pty Ltd and is a single-enterprise Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 15 October 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of The Australian Workers’ 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 AWU 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 31 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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