Giovenco Industrial Services Pty Ltd

[2014] FWCA 5184

[2014] FWCA 5184

FAIR WORK COMMISSION

DECISION

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

Giovenco Industrial Services Pty Ltd
(AG2014/6782)

GIOVENCO INDUSTRIAL SERVICES PTY LTD PORT BONYTHON GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 2 AUGUST 2014

Application for approval of the Giovenco Industrial Services Pty Ltd Port Bonython Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Giovenco Industrial Services Pty Ltd Port Bonython Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Giovenco Industrial Services Pty Ltd. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declarations made on behalf of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (AMWU), and The Australian Workers’ Union (AWU), which I note will be covered by the Agreement.

[3] An undertaking has been provided in the following terms:

“In the matter of AG2014/6782 - Giovenco Industrial Services Pty Ltd Port Bonython Greenfields Agreement 2014, the Applicant, Giovenco Industrial Services Pty Ltd, undertakes that in respect of clause 5 of the Giovenco Industrial Services Pty Ltd Port Bonython Greenfields Agreement 2014, which deals superannuation and refers to the Giovenco Superannuation Policy, the Giovenco Superannuation Policy offers a MySuper superannuation product for employees.” (sic)

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and AWU are 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2014. The nominal expiry date of the Agreement is 4 July 2016.

SENIOR DEPUTY PRESIDENT

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