Jan De Nul (Australia) Pty Ltd

[2014] FWCA 3253

[2014] FWCA 3253

FAIR WORK COMMISSION

DECISION

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

Jan De Nul (Australia) Pty Ltd
(AG2014/1026)

JAN DE NUL (AUSTRALIA) PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION GREENFIELDS AGREEMENT 2013 TO 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 MAY 2014

Application for approval of the Jan De Nul (Australia) Pty Ltd and the Australian Manufacturing Workers Union Greenfields Agreement 2013 to 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 May 2014 by Jan De Nul (Australia) Pty Ltd for the approval of a Greenfields agreement known as the Jan De Nul (Australia) Pty Ltd and the Australian Manufacturing Workers Union Greenfields Agreement 2013 to 2017(“the Agreement”).

[2] A statutory declaration was provided by 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 this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU 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 23 May 2014, 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] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

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

SENIOR DEPUTY PRESIDENT

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