The Australian Workers’ Union

[2017] FWCA 6535

[2017] FWCA 6535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2017/5217)

GREATER GEELONG CONSTRUCTIONS PTY LTD (ALTONA AREA) ENTERPRISE AGREEMENT 2017-

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Greater Geelong Constructions PTY LTD (Altona Area) Enterprise Agreement 2017-.

[1] An application has been made for approval of a greenfields agreement known as the Greater Geelong Constructions PTY LTD (Altona Area) Enterprise Agreement 2017- (Agreement). The application was made by The Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] Greater Geelong Constructions Pty Ltd T/A GGC Scaffolding has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the above, I am satisfied that 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 are 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.

[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 these organisations.

[5] The Agreement lodged contained an error at clauses 6, 7 and 9. On 5 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE426412  PR598472>

Annexure A