Lendlease Bouygues Joint Venture

[2018] FWCA 3226

[2018] FWCA 3226

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Bouygues Joint Venture

(AG2018/1373)

NorthConnex / AWU & CEPU Systems Fitout and Commissioning Greenfields Agreement 2017-2021

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 7 JUNE 2018

Application for approval of the NorthConnex / AWU & CEPU Systems Fitout and Commissioning Greenfields Agreement 2017-2021.

1. An application has been made for approval of an enterprise Agreement known as the  NorthConnex / AWU & CEPU Systems Fitout and Commissioning Greenfields Agreement 2017-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bouygues Construction Australia Pty Ltd.

1. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and The Australian Workers’ 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. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

1. Pursuant to s.53(2)(b) I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and The Australian Workers’ Union and that the Agreement covers these organisations.

1. The Agreement was approved on 7 June 2018 and, in accordance with s.54, will operate from 14 June 2018. The nominal expiry date of the Agreement is 7 June 2022.

COMMISSIONER

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Annexure A