Press Construction Group Pty Ltd Re - Worsley Efficiency and Growth Project Press Construction Group Pty Ltd CFMEU/AWU Greenfields Agreement 2009
[2009] FWA 229
•8 SEPTEMBER 2009
[2009] FWA 229 |
|
APPROVAL DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
(AG2009/740)
WORSLEY EFFICIENCY AND GROWTH PROJECT PRESS CONSTRUCTION GROUP PTY LTD CFMEU/AWU GREENFIELDS AGREEMENT 2009
[AE871425]
Building, metal and civil construction industries | |
COMMISSIONER WILLIAMS | PERTH, 8 SEPTEMBER 2009 |
CFMEU/AWU Greenfields Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Worsley Efficiency and Growth Project Press Construction Group Pty Ltd CFMEU/AWU Greenfields Agreement 2009 (the Agreement). The Agreement is a single enterprise greenfields agreement. It has been made by Press Construction Group Pty Ltd and two employee organisations namely the Construction, Forestry, Mining and Energy Union (CFMEU) and the Australian Workers Union (AWU).
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve this agreement I have taken into account the provisions of Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I have considered the matters contained in the employer declaration and the declaration made on behalf of the AWU which will be covered by the Agreement.
[4] 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU and AWU 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.
[5] The agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.
[6] The agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 3 is taken to be a term of the Agreement.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2009. The nominal expiry date is 3.5 years from 15 September 2009 or upon the practical completion of the Worsley Efficiency and Growth Project, which ever occurs sooner.
COMMISSIONER
1 Item 2, Part 1, Schedule 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
2 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.
3 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.
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