Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift

[2014] FWCA 5256

[2014] FWCA 5256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tutt Bryant Group Limited T/A Tutt Bryant Heavy Lift & Shift
(AG2014/8484)

THE LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2014 BETWEEN TUTT BRYANT HEAVY LIFT & SHIFT AND THE CFMEU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 4 AUGUST 2014

Application for approval of The Longford Gas Conditioning Plant Project Construction Agreement 2014 between Tutt Bryant Heavy Lift & Shift and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the The Longford Gas Conditioning Plant Project Construction Agreement 2014 between Tutt Bryant Heavy Lift & Shift and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tutt Bryant Group Limited t/a Tutt Bryant Heavy Lift & Shift (the Applicant). The agreement is a greenfields agreement.

[2] 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.

[3] 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.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union, the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2014. The nominal expiry date of the Agreement is 3 August 2018.

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