NL Consulting Services Pty Ltd T/A Workplace Solutions

[2019] FWCA 8231

[2019] FWCA 8231

FAIR WORK COMMISSION

DECISION

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

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2019/4283)

WORKFORCE INTERNATIONAL CROSS RIVER RAIL GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 4 DECEMBER 2019

Application for approval of the Workforce International Cross River Rail Greenfields Agreement.

[1] NL Consulting Services Pty Ltd T/A Workplace Solutions (The Employer) has applied for approval of an enterprise agreement known as the Workforce International Cross River Rail Greenfields Agreement. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] Prior to allocation of this matter to me, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) wrote to the Fair Work Commission (the Commission) and requested to be provided with a copy of the Agreement and documents lodged to the Commission regarding the application in this matter, so that the CFMMEU might have an opportunity to make submissions regarding this matter.

[3] Upon allocation of this matter to me, I provided the CFMMEU with a copies of the Form F19 application, Form F20 Employer’s statutory declaration in support of the application, and the Agreement. After being provided with those documents, the CFMMEU responded to my chambers that it did not wish to be heard in relation to this matter.

[4] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.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) 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.

[5] The Commission raised certain concerns regarding the Agreement with the Employer, and as a result, written undertakings were provided by the Employer. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the AWU regarding the undertakings provided by the Employer. The AWU indicated to my chambers that it is comfortable with the Employer’s undertakings.

[6] I am satisfied that the undertakings will not cause financial detriment to any employee that will be covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[7] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers that organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2019. The nominal expiry date of the Agreement is four years after the date of approval by the Commission.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506348  PR714867>

Annexure A: