Lend Lease Engineering Pty Ltd; Bouygues Construction Australia

[2015] FWCA 8851

[2015] FWCA 8851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Engineering Pty Ltd; Bouygues Construction Australia
(AG2015/6765)

NORTHCONNEX / AWU CIVIL WORKS GREENFIELDS AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the NorthConnex / AWU Civil Works Greenfields Agreement 2015-2019.

[1] An application has been made for approval of an enterprise Agreement known as the NorthConnex / AWU Civil Works Greenfields Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Lend Lease Engineering Pty Ltd; Bouygues Construction Australia.

[2] This is a greenfields Agreement that meets the requirements of s.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 Australian Workers’ Union 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.

[3] The Agreement does not cover all of the employees of the employers however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] Published reasons for the decision to approve the Agreement will follow at a later date.

[6] The Agreement is approved and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 22 December 2019.

COMMISSIONER

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