Gateway WA Alliance

[2013] FWCA 5547

[2013] FWCA 5547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gateway WA Alliance
(AG2013/7277)

GATEWAY WA ALLIANCE ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 AUGUST 2013

Application for approval of the Gateway WA Alliance Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Gateway WA Alliance Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the FW Act). The Agreement is a single-enterprise agreement.

[2] I had some concerns about the status of the employer party to the agreement namely Gateway WA Alliance (GWAA) and in particular whether GWAA was a National System Employer (NSE) as defined by s.14 (1)(a) of the FW Act. I therefore sought further information regarding the nature of GWAA.

[3] I was informed that GWAA is an alliance between:

• BG&E Pty Limited (ACN 150 804 603);



• AECOM Australia Pty Ltd (ACN 093 846 925);



• GHD Pty Ltd (ACN 008 488 373);



• Georgiou Group Pty Ltd (ACN 073 851 948); and



• Leighton Contractors Pty Ltd (ACN 000 893 667).

[4] The entities participating in the GWAA are each constitutional corporations and the Alliance is formed for the sole purpose of performing works associated with the Gateway WA project.

[5] I consider and find that the alliance is a single interest employer as contemplated by section 172(2) & (5) of the FW Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. A nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE402986  PR540019>