Downer EDI Works Pty Ltd

[2013] FWCA 4445

[2013] FWCA 4445

FAIR WORK COMMISSION

DECISION

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

Downer EDI Works Pty Ltd
(AG2013/1346)

DOWNER EDI WORKS PTY LTD NCIG CET STAGES 2AA AND 2F PROJECT UNION GREENFIELD AGREEMENT 2013 - 2014

Asphalt industry
COMMISSIONER BULL	SYDNEY, 8 JULY 2013

Downer EDI Works Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfield Agreement 2013 - 2014.

[1] An application has been made for approval of a Greenfields Agreement known as the Downer EDI Works Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfield Agreement 2013 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act)by the Australian Workers’ Union (AWU). The Agreement is a single-enterprise Greenfields Agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the AWU, which I note will be covered by the Agreement.

[3] 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.

[4] Pursuant to s.187(5)(b), the Act requires that it is in the public interest to approve the Agreement. The Employer has submitted that the approval of this Agreement would be in the public interest, because the Agreement provides fair and just wages and conditions of employment and will assist in the avoidance of protected industrial action at the NCIG project and therefore, assist in enabling the completion, delivery and benefits of the project to the New South Wales public in a timely, efficient and expeditious manner.

[5] The Greenfields Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 15 July 2013. The nominal expiry date of the Agreement is two years from the date of operation.

COMMISSIONER

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