Lend Lease Infrastructure Services Pty Ltd

[2013] FWCA 2043

[2013] FWCA 2043

FAIR WORK COMMISSION

DECISION

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

Lend Lease Infrastructure Services Pty Ltd
(AG2013/742)

LEND LEASE INFRASTRUCTURE SERVICES WESTERN AUSTRALIA IRON ORE CONSTRUCTION PROJECTS GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 APRIL 2013

Application for approval of the Lend Lease Infrastructure Services Western Australia Iron Ore Construction Projects Greenfields Agreement 2013 .

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Lend Lease Infrastructure Services Western Australia Iron Ore Construction Projects Greenfields Agreement 2013.

[2] The application was lodged by Lend Lease Infrastructures Services Pty Limited and is a single-enterprise Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 28 March 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 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 CFMEU, AMWU and CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields 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 Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2013. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

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