The Australian Workers' Union

[2014] FWCA 2267

[2014] FWCA 2267

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2014/607)

CONNECT PEOPLE AND THE AUSTRALIAN WORKERS' UNION VICTORIAN INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 8 APRIL 2014

Application for approval of the Connect People and The Australian Workers' Union Victorian Industrial Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Connect People and The Australian Workers' Union Victorian Industrial Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (AWU). The agreement is a greenfields agreement.

[2] Connect People Pty Ltd has provided written undertakings in relation to the consultation term at clause 9 of the Agreement. The AWU has provided written support for the undertakings.

[3] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 April 2014. The nominal expiry date is 31 October 2014.

COMMISSIONER

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