Summit Recruitment Vic Pty Ltd

[2023] FWCA 2449

[2023] FWCA 2449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Summit Recruitment Vic Pty Ltd

(AG2023/2501)

SUMMIT RECRUITMENT VIC PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER CONNOLLY	MELBOURNE, 7 AUGUST 2023

Application for approval of the Summit Recruitment Vic Pty Ltd New South Wales Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Summit Recruitment Vic Pty Ltd New South Wales Enterprise Agreement 2023 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by Summit Recruitment Vic Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

1. The matter was allocated to my Chambers on 28 July 2023.

1. On 31 July 2023, the Applicant was invited to file an amended Form F19 to note the Australian Workers’ Union (AWU) was a union bargaining representative as the copy of the Agreement lodged in the Commission and the Form F21 lodged by the AWU both stated it is a union bargaining representative. The Applicant filed an amended application on 2 August 2023, noting the AWU as a union bargaining representative.

1. The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that 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 the work that is to be performed under it.

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

1. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

1. I am satisfied that it is in the public interest to approve the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2025.

COMMISSIONER

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