H F Hand Constructors Pty Ltd

[2014] FWCA 3856

[2014] FWCA 3856

FAIR WORK COMMISSION

DECISION

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

H F Hand Constructors Pty Ltd
(AG2014/6182)

H F HAND CONSTRUCTORS PTY LTD BOGGABRI MINE - COAL HANDLING AND PROCESSING PLANT PROJECT UNION GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 JUNE 2014

Application for approval of the H F Hand Constructors Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

H F Hand Constructors Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union 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 H F Hand Constructors Pty Ltd (the Employer) and nominates the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU); The Australian Workers’ Union Newcastle, Central Coast & Northern Regions Branch (AWU) and the Construction Forestry Mining and Energy Union (CFMEU) as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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. In particular, I am satisfied that the AMWU, AWU and CFMEU 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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