Walz Construction Company Pty Ltd T/A CJ & DA Walz Family Trust and Australian Workers’ Union

[2009] FWA 65

[2009] FWA 65

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Approval of a greenfields agreement

Walz Construction Company Pty Ltd T/A CJ & DA Walz Family Trust

and

Australian Workers’ Union

(AG2009/10847)

WALZ CONSTRUCTION COMPANY PTY LIMITED - ACLAND CHPP2 GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 9 SEPTEMBER 2009

Application for approval of the Walz Construction Company Pty Limited - Acland CHPP2 Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Walz Construction Company Pty Limited – Acland CHPP2 Greenfields Agreement (the Agreement). The Agreement is a single enterprise greenfields agreement. It has been made by Walz Construction Company Pty Limited and a single employee organisation namely the Australian Workers’ Union (AWU).

[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 1 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 AWU which will be covered by the Agreement.

[4] I am satisfied that each of the requirements of ss186 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 AWU 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 16 September 2009. The nominal expiry date is until completion of the project or 4 years from date of lodgement, 26 July 2013, whichever is sooner.

COMMISSIONER

 1   Item 2, Part 1, Schedule 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

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