Downer EDI Engineering Electrical Pty Ltd; Downer EDI Engineering Power Pty Ltd

[2013] FWCA 7355

[2013] FWCA 7355

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Electrical Pty Ltd; Downer EDI Engineering Power Pty Ltd
(AG2013/2937)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD AND DOWNER EDI ENGINEERING POWER PTY LTD CURTIS ISLAND LNG PROJECTS GREENFIELDS AGREEMENT 2013-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the Downer EDI Engineering Electrical Pty Ltd and Downer EDI Engineering Power Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2013-2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 September 2013 by Downer EDI Engineering Electrical Pty Ltd and Downer EDI Engineering Power Pty Ltd for the approval of a Greenfields agreement known as the Downer EDI Engineering Electrical Pty Ltd and Downer EDI Engineering Power Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2013-2014(“the Agreement”).

[2] Statutory declarations were provided by:

• Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);



• 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”); and



• Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU 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] 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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