McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell

[2023] FWCA 2565

[2023] FWCA 2565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell

(AG2023/2590)

MCCONNELL DOWELL CONSTRUCTORS (AUST.) PTY LTD AURA & HARMONY TRUNK INFRASTRUCTURE WORKS GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 15 AUGUST 2023

Application for approval of the McConnell Dowell Constructors (Aust.) Pty Ltd Aura & Harmony Trunk Infrastructure Works Greenfields Agreement

1. An application has been made for the approval of a greenfields agreement known as the McConnell Dowell Constructors (Aust.) Pty Ltd Aura & Harmony Trunk Infrastructure Works Greenfields Agreement (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 T/A McConnell Dowell (the Applicant).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186 and 187 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 6.0 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is 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. Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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