Moody Civil & Pipe Pty Ltd

[2013] FWCA 5397

[2013] FWCA 5397

FAIR WORK COMMISSION

DECISION

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

Moody Civil & Pipe Pty Ltd
(AG2013/2145)

MOODY CIVIL & PIPE PTY LTD WOLEEBEE CREEK TO GLEBE WEIR PIPELINE PROJECT GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 AUGUST 2013

Application for approval of the Moody Civil & Pipe Pty Ltd Woleebee Creek to Glebe Weir Pipeline Project Greenfield Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 29 July 2013 by Moody Civil & Pipe Pty Ltd for the approval of a Greenfields agreement known as the Moody Civil & Pipe Pty Ltd Woleebee Creek to Glebe Weir Pipeline Project Greenfield Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

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

[4] On 13 August 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 consultation clause does not conform with s.205(1)(b) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

SENIOR DEPUTY PRESIDENT

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