S C Hydro Pty Ltd

[2021] FWCA 4675

[2021] FWCA 4675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S C Hydro Pty Ltd
(AG2021/5818)

S C HYDRO PTY LTD AWU AND CFMMEU SURFACE WORKS GREENFIELD AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 AUGUST 2021

Application for approval of the S C Hydro Pty Ltd AWU and CFMMEU Surface Works Greenfield Agreement 2021 - 2025

[1] S C Hydro Pty Ltd has made an application for approval of a greenfields agreement known as the S C Hydro Pty Ltd AWU and CFMMEU Surface Works Greenfield Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] Further to my decision earlier today ([2021] FWC 5110), I note that the Agreement is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act, and that I am satisfied that the requirements of ss 186 and 187 have been met. In particular, I am satisfied that the Australian Workers’ Union (AWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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, and that it is in the public interest to approve the Agreement (s 187(5)).

[3] The Agreement was made with the AWU and the CFMMEU and therefore covers these organisations (s 53(2)(b)). The Agreement was approved on 19 August 2021 and, in accordance with s 54, will operate from 26 August 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

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