Seadar Contractors Queensland Pty Ltd

[2019] FWCA 8590

[2019] FWCA 8590

FAIR WORK COMMISSION

DECISION

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

Seadar Contractors Queensland Pty Ltd
(AG2019/4625)

SEADAR CONTRACTORS QUEENSLAND GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 23 DECEMBER 2019

Application for approval of the Seadar Contractors Queensland Greenfields Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Seadar Contractors Queensland Greenfields Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seadar Contractors Queensland Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the

Act.

[3] Mr Stephen Baker, Queensland Branch Secretary of the Australian Workers’ Union (AWU), a bargaining representative for the Agreement, filed a Form F21 statutory declaration stating the AWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the 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]   I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

● Clause 3.7(e);

● Clause 7.1(a);

● Clause 7.11(f).

[6] However, noting Clause 2.5(c)(ii) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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