Harsco Infrastructure (Gladstone) Pty Ltd

[2013] FWCA 1046

[2013] FWCA 1046

FAIR WORK COMMISSION

DECISION

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

Harsco Infrastructure (Gladstone) Pty Ltd
(AG2013/4845)

HARSCO INFRASTRUCTURE CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 MAY 2013

Application for approval of the Harsco Infrastructure Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 February 2013 by Harsco Infrastructure (Gladstone) Pty Ltd for the approval of a Greenfields agreement known as the Harsco Infrastructure Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] A statutory declaration was provided by Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU 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 and that it is in the public interest to approve the Agreement.

[4] On 22 February 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] I note that the Employer provided a statutory declaration to the Fair Work Commission on 1 March 2013. This declaration states that employees will only be employed under the agreement in the classification of scaffolders. I accept that this articulates the intention of the Employer for the duration of the Agreement.

[7] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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