McConnell Dowell Constructors (Aust) Pty Ltd

[2013] FWCA 4884

[2013] FWCA 4884

FAIR WORK COMMISSION

DECISION

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

McConnell Dowell Constructors (Aust) Pty Ltd
(AG2013/1950)

MCCONNELL DOWELL CONSTRUCTORS (AUST.) PTY LTD APLNG UPSTREAM PROJECT UNION GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 22 JULY 2013

Application for approval of the McConnell Dowell Constructors (Aust.) Pty Ltd APLNG Upstream Project Union Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 July 2013 by McConnell Dowell Constructors (Aust) Pty Ltd for the approval of a Greenfields agreement known as the McConnell Dowell Constructors (Aust.) Pty Ltd APLNG Upstream Project Union Greenfields Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

• Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);



• Mr B. Devlin, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and



• Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 22 July 2013 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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE402516  PR539159>