Howard Construction Group Pty Ltd

[2014] FWCA 2126

[2014] FWCA 2126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Howard Construction Group Pty Ltd
(AG2014/40)

HOWARD CONSTRUCTION GROUP PTY LTD - AMWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2014

Application for approval of the Howard Construction Group Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Howard Construction Group Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Howard Construction Group Pty Ltd. 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.

[3] An undertaking has been given in relation to clause 50 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement was approved on 1 April 2014 and, in accordance with s.54, will operate from 8 April 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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Appendix A