First Services Vic Pty Ltd

[2019] FWCA 5090

[2019] FWCA 5090

FAIR WORK COMMISSION

DECISION

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

First Services Vic Pty Ltd
(AG2019/2170)

FIRST SERVICES VIC AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 JULY 2019

Application for approval of the First Services Vic Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the First Services Vic Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by First Services Vic Pty Ltd (Employer).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (AWU) is 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, as required by s.187(5)(b) of the Act.

[4] The Agreement lodged contained a cross referencing error at clause 17.5. On 22 July 2019, the AWU filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

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