Wasco (Australia) Pty Ltd

[2013] FWCA 3343

[2013] FWCA 3343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Wasco (Australia) Pty Ltd
(AG2013/1236)

WASCO AUSTRALIA PTY LTD REGIONAL WORKS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 MAY 2013

Application for approval of the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 May 2013 by Wasco (Australia) Pty Ltd for the approval of a Greenfields agreement known as the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and 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 and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] In regards to clause 12 of the Agreement, the Employer and AWU have clarified, and I accept, that the intention of the clause is that AWU delegates (only) would need to seek approval from the AWU prior to paid training leave being approved by the Employer; other elected employee representatives would not be required to seek such approval.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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