Harsco Infrastructure (Western Australia) Pty Ltd

[2013] FWCA 5058

[2013] FWCA 5058

FAIR WORK COMMISSION

DECISION

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

Harsco Infrastructure (Western Australia) Pty Ltd
(AG2013/7421)

HARSCO INFRASTRUCTURE (WESTERN AUSTRALIA) PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 JULY 2013

Application for approval of the Harsco Infrastructure (Western Australia) Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 July 2013 by Harsco Infrastructure (Western Australia) Pty Ltd for the approval of a Greenfields agreement known as the Harsco Infrastructure (Western Australia) Pty Ltd Ichthys Onshore Construction Greenfields Agreement (“the Agreement”)

[2] Statutory declarations were provided by:

• Mr J Tracey, Regional Managing Director, Harsco Infrastructure (Western Australia) Pty Ltd,

• Mr B Swan, Branch Secretary of The Australian Workers’ Union

(the “AWU”) ,

• Mr P Ong, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), and




• Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the “AMWU”).

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

[4] 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.

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

COMMISSIONER

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