The Australian Workers' Union

[2014] FWCA 9049

[2014] FWCA 9049

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2014/9721)

LISCON PEOPLE PTY LTD/AWU NORTH WEST RAIL LINK PRE-CAST GREENFIELD AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 15 DECEMBER 2014

Application for approval of the Liscon People Pty Ltd/AWU North West Rail Link Pre-Cast Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Liscon People Pty Ltd/AWU North West Rail Link Pre-Cast Greenfield Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union (the Applicant) and nominates The Australian Workers’ Union (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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. In particular, 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.

[3] The Fair Work Commission (FWC) received correspondence dated 11 December 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Secretary (AWU) and the Managing Director Liscon people Pty Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

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