The Australian Workers Union

[2018] FWCA 4674

[2018] FWCA 4674

FAIR WORK COMMISSION

DECISION

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

The Australian Workers Union
(AG2018/2805)

FIRST SERVICE GROUP AND AUSTRALIAN WORKERS UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2018

Application for approval of the First Service Group and Australian Workers Union Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the First Service Group and Australian Workers Union Agreement 2018 (the Agreement). The application was made by The Australian Workers Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

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Annexure A