NX Blue Recruit Pty Ltd T/A NX Blue Recruit

[2022] FWCA 3787

[2022] FWCA 3787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NX Blue Recruit Pty Ltd T/A NX Blue Recruit

(AG2022/4283)

NX BLUE RECRUIT PTY LTD, AWU LOBS HOLE PRECAST CONCRETE SEGMENT WORKS GREENFIELD AGREEMENT 2022-2026

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 27 OCTOBER 2022

Application for approval of the NX Blue Recruit Pty Ltd, AWU Lobs Hole Precast Concrete Segment Works Greenfield Agreement 2022 - 2025

1. An application has been made for approval of a greenfields agreement known as the NX Blue Recruit Pty Ltd, AWU Lobs Hole Precast Concrete Segment Works Greenfield Agreement 2022-2025 (Agreement). The application was made by NX Blue Recruit Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (FW Act).

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

1. On the materials before the Commission, I am satisfied that:

·this is a greenfields agreement that meets the requirements of s.172(2)(b) of the FW Act;

·each of the requirements of ss.186 and 187 of the FW Act as are relevant to this application for approval have been met;

·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 (see s.187(5)(a) of the FW Act); and

·it is in the public interest to approve the Agreement.

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

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 November 2022. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

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