The Australian Workers' Union and TRIJAS Brothers Pty Ltd
[2009] FWA 117
•19 AUGUST 2009
[2009] FWA 117 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
and
TRIJAS Brothers Pty Ltd
(AG2009/529)
TRIJAS Brothers Greenfields Enterprise Agreement 2009-2012
[AG871255]
Building, metal and civil construction industries | |
COMMISSIONER HARRISON | SYDNEY, 19 AUGUST 2009 |
TRIJAS Brothers Greenfields Enterprise Agreement 2009-2012.
[1] An application has been made for approval of an enterprise agreement known as the TRIJAS Brothers Greenfields Enterprise Agreement 2009-2012 (the Agreement). The Agreement is a single enterprise greenfields agreement. It has been made by TRIJAS Brothers Pty Ltd and an employee organisation, namely The Australian Workers’ Union.
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement was made during the bridging period as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve this agreement I have taken into account the provisions of Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.
[4] I am satisfied that each of the requirements of ss.186 and 187, 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 employee organisation 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.
[5] The Agreement is approved and, in accordance with s.54, will operate from 26 August 2009 and shall remain in force for a period of 3 years.
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