Ultro Construction & Recruitment T/A Ultro Lift Installation & Maintenance

[2015] FWCA 8109

[2015] FWCA 8109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ultro Construction & Recruitment T/A Ultro Lift Installation & Maintenance
(AG2015/6167)

ULTRO CONSTRUCTION & RECRUITMENT AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 25 NOVEMBER 2015

Application for approval of the ULTRO CONSTRUCTION & RECRUITMENT and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise Agreement known as the ULTRO CONSTRUCTION & RECRUITMENT and AMWU Metal Engineering On-Site Construction Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ultro Construction & Recruitment T/A Ultro Lift Installation & Maintenance.

[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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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<Price code J, AE416790  PR574338>