Infraworks Maintenance Pty Ltd T/A Infraworks

[2019] FWCA 3800

[2019] FWCA 3800

FAIR WORK COMMISSION

DECISION

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

Infraworks Maintenance Pty Ltd T/A Infraworks
(AG2019/1602)

INFRAWORKS MAINTENANCE PTY LTD T/A INFRAWORKS AND THE MARITIME UNION OF AUSTRALIA DIVISION OF THE CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION, PORT BOTANY (PATRICK) SITE ENTERPRISE MAINTENANCE AGREEMENT 2019 - 2022

Stevedoring industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 MAY 2019

Application for approval of the Infraworks Maintenance Pty Ltd T/A Infraworks and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, Port Botany (Patrick) Site Enterprise Maintenance Agreement 2019 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the Application for approval of the Infraworks Maintenance Pty Ltd T/A Infraworks and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, Port Botany (Patrick) Site Enterprise Maintenance Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Infraworks Maintenance Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union 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.

[1] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers that organisation.

[2] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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