TK Elevator Australia Pty Ltd

[2021] FWCA 1901

[2021] FWCA 1901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TK Elevator Australia Pty Ltd
(AG2021/4367)

TK ELEVATOR AUSTRALIA PTY LTD QUEEN’S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 APRIL 2021

Application for approval of the TK Elevator Australia Pty Ltd Queen’s Wharf Project Agreement.

[1] TK Elevator Australia Pty Ltd has made an application for approval of an enterprise agreement known as the TK Elevator Australia Pty Ltd Queen’s Wharf Project Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with AMWU and CEPU and that the Agreement covers these organisations.

[4] The Agreement was approved on 8 April 2021 and, in accordance with s 54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

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