Primaweld Engineering Pty Ltd

[2013] FWCA 8386

[2013] FWCA 8386

FAIR WORK COMMISSION

DECISION

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

Primaweld Engineering Pty Ltd
(AG2013/10943)

PRIMAWELD ENGINEERING PTY LTD CFMEU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Primaweld Engineering Pty Ltd CFMEU Metal Engineering On-site Construction Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Primaweld Engineering Pty Ltd CFMEU Metal Engineering On-site Construction Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Primaweld Engineering Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU which will be covered by the Agreement.

[3] My satisfaction as to s.186(2)(d) is subject to written undertakings provided in relation to concerns raised by me in respect to approval of the Agreement, which are attached to this Decision as Annexure A and to the Agreement, in accordance with s.191(1)(b) are taken to be a term of the agreement.

[4] I am satisfied that each of the requirements of ss.186 and 187 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 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 Agreement is approved and, in accordance with s.54, will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

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