McConnell Dowell Constructors (Aust) Pty Ltd

[2013] FWCA 1431

[2013] FWCA 1431

FAIR WORK COMMISSION

DECISION

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

McConnell Dowell Constructors (Aust) Pty Ltd
(AG2013/446)

MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD RIVERBANK PARK PEDESTRIAN BRIDGE GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 MARCH 2013

McConnell Dowell Constructors (Aust) Pty Ltd Riverbank Park Pedestrian Bridge Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the McConnell Dowell Constructors (Aust) Pty Ltd Riverbank Park Pedestrian Bridge Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McConnell Dowell Constructors (Aust) Pty Ltd. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union (CFMEU), which I note will be covered by the Agreement.

[3] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2013. The nominal expiry date of the Agreement is 14 March 2016.

SENIOR DEPUTY PRESIDENT

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