GBG Concrete & Construction Pty Ltd

[2014] FWCA 4363

[2014] FWCA 4363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GBG Concrete & Construction Pty Ltd
(AG2014/6529)

THE LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2014 BETWEEN GBG & CONSTRUCTION PTY LTD AND CFMEU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 2 JULY 2014

Application for approval of The Longford Gas Conditioning Plant Project Construction Agreement 2014 between GBG & Construction Pty Ltd and CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the The Longford Gas Conditioning Plant Project Construction Agreement 2014 between GBG & Construction Pty Ltd and CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GBG Concrete & Construction Pty Ltd (the Applicant). The agreement is a greenfields agreement.

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

[3] 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.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2014. The nominal expiry date of the Agreement is 1 July 2018.

ANNEXURE A

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