Whittens Pty Limited T/A Whittens Group
[2024] FWCA 3124
•28 AUGUST 2024
| [2024] FWCA 3124 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Whittens Pty Limited T/A Whittens Group
(AG2024/2658)
WHITTENS PTY LTD SNOWY HYDRO PTY LTD AWU AND CFMEU SURFACE WORKS GREENFIELD AGREEMENT 2024-2025
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 28 AUGUST 2024 |
Application for approval of the Whittens Pty Ltd Snowy Hydro Pty Ltd AWU and CFMEU Surface Works Greenfield Agreement 2024-2025
An application has been made for approval of a greenfields agreement known as the Whittens Pty Ltd Snowy Hydro Pty Ltd AWU and CFMEU Surface Works Greenfield Agreement 2024-2025 (the Agreement). The application was made by the employer Whittens Pty Limited T/A Whittens Group pursuant to s.185 of the Fair Work Act 2009 (Act).
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, 187, 193 and 193A 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) and Construction, Forestry and Maritime Employees Union (CFMEU) are 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.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and CFMEU and that the Agreement covers these organisations.
The Agreement was approved on 28 August 2024 and, in accordance with s.54, will operate from 4 September 2024. The nominal expiry date of the Agreement is 1 July 2025.
DEPUTY PRESIDENT
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