Warrah Civil Pty Ltd

Case

[2022] FWCA 4235

2 DECEMBER 2022


[2022] FWCA 4235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Warrah Civil Pty Ltd

(AG2022/4876)

Warrah Civil Pty Ltd & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries

DEPUTY PRESIDENT BEAUMONT

PERTH, 2 DECEMBER 2022

Application for approval of the Warrah Civil Pty Ltd & The Australian Workers’ Union Agreement 2022

  1. An application has been made for approval of a greenfields agreement known as the Warrah Civil Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement). The application was made by Warrah Civil Pty Ltd (the Applicant) pursuant to s 185 of the Fair Work Act 2009 (the Act).

  1. 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 Australian Workers’ Union (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.

  1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

  1. Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 28 February 2025.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

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