Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd

[2022] FWCA 4590

[2022] FWCA 4590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd

(AG2022/5264)

GBJV Centenary Bridge Upgrade Works Greenfields Agreement 2022

Building, metal, and civil construction industries
Commissioner Hunt	BRISBANE, 23 DECEMBER 2022

Application for approval of the GBJV Centenary Bridge Upgrade Works Greenfields Agreement 2022

1. Georgiou Group Pty Ltd T/A Georgiou Group Pty Ltd has made an application for approval of an enterprise agreement known as the GBJV Centenary Bridge Upgrade Works Greenfields Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. This is a multi-enterprise greenfields agreement that meets the requirements of s.172(3)(b) of the Act.  The other employer to the Agreement is BMD Constructions Pty Ltd.

1. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met.

1. 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.  I am also satisfied that it is in the public interest to approve 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. Clause 10.11 of the Agreement provides that an employee representative on request by the employer shall provide proof of their attendance at any course within 7 days. If an employee fails to provide such proof, the employer may deduct an amount already paid for attendance from the next weeks’ pay or from any other moneys due to the employee representatives. I have informed the parties to the Agreement that clause 10.11 of the Agreement may provide for a deduction not permitted by s.324 of the Act.

1. The Agreement is approved on 23 December 2022 and, in accordance with s.54, will operate from 30 December 2022. The nominal expiry date of the Agreement is 23 December 2026.

COMMISSIONER
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