WDS (Energy & Infrastructure) Pty Ltd

[2014] FWCA 5193

[2014] FWCA 5193

FAIR WORK COMMISSION

DECISION

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

WDS (Energy & Infrastructure) Pty Ltd
(AG2014/6763)

WDS CONSTRUCTION GREENFIELDS AGREEMENT (COOPER BASIN) 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 JULY 2014

Application for approval of the WDS Construction Greenfields Agreement (Cooper Basin) 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 July 2014 by WDS (Energy & Infrastructure) Pty Ltd for the approval of a Greenfields agreement known as the WDS Construction Greenfields Agreement (Cooper Basin) 2014 - 2017(“the Agreement”).

[2] A statutory declaration was provided by Mr P. Lamps, 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] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

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

SENIOR DEPUTY PRESIDENT

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