Farrelly Constructions Services Pty Ltd

[2013] FWCA 10093

[2013] FWCA 10093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farrelly Constructions Services Pty Ltd
(AG2013/10438)

FARRELLY CONSTRUCTION SERVICES PTY LTD BOGGABRI MINE - COAL HANDLING AND PROCESSING PLANT PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Farrelly Construction Services Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Farrelly Construction Services Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Farrelly Construction Services Pty Ltd (the Employer) and nominates the Australian Workers’ Union (AWU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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 particular, I am satisfied that the AWU, AMWU and CFMEU 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE406058  PR546175>