Hertel Modern Pty Ltd

[2015] FWCA 3405

[2015] FWCA 3405

FAIR WORK COMMISSION

DECISION

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

Hertel Modern Pty Ltd
(AG2015/1059)

HERTEL MODERN PTY LTD QCLNG PROJECT UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MAY 2015

Application for approval of the Hertel Modern Pty Ltd QCLNG Project Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 May 2015 by Hertel Modern Pty Ltd for the approval of a Greenfields agreement known as the Hertel Modern Pty Ltd QCLNG Project Union Greenfield Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

• Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);



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



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

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU 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.

SENIOR DEPUTY PRESIDENT

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