LVLS Construction PTY LTD T/A LVLS Construction & Civil PTY LTD

[2023] FWCA 561

[2023] FWCA 561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

LVLS Construction PTY LTD T/A LVLS Construction & Civil PTY LTD

(AG2023/299)

LVLS Construction & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 22 FEBRUARY 2023

Application for approval of the LVLS Construction & The Australian Workers’ Union Agreement 2022.

1. An application has been made for approval of a greenfields agreement known as the LVLS Construction & The Australian Workers’ Union Agreement 2022 (Agreement). The application was made by LVLS Construction PTY LTD (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Act).

1. The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 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 (AWU) 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 a written undertaking and a copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

1. Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

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Annexure A