Gamuda Berhad

[2022] FWCA 2718

[2022] FWCA 2718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gamuda Berhad

(AG2022/3160)

Gamuda (Australia) Branch Sydney Metro West - Western Tunnelling Package, AWU Greenfield Agreement 2022-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 AUGUST 2022

Application for approval of the Gamuda (Australia) Branch Sydney Metro West - Western Tunnelling Package, AWU Greenfield Agreement 2022-2026

1. Gamuda Berhad has made an application for approval of the Gamuda (Australia) Branch Sydney Metro West - Western Tunnelling Package, AWU Greenfield Agreement 2022-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

1. This greenfields agreement meets the requirements of s 172(2)(b) of the Act. I am satisfied that the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5) 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, and that it is in the public interest to approve the Agreement.

1. The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AWU and that the Agreement covers this organisation.

1. The Agreement was approved on 11 August 2022 and, in accordance with s 54, will operate from 18 August 2022. The nominal expiry date of the Agreement is 30 January 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE516981  PR744705>

Annexure A