WorkPac Pty Ltd

[2014] FWCA 8664

[2014] FWCA 8664

FAIR WORK COMMISSION

DECISION

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

WorkPac Pty Ltd
(AG2014/8264)

WORKPAC PTY LTD EAST COAST RAIL GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 DECEMBER 2014

Application for approval of the WorkPac Pty Ltd East Coast Rail Greenfield Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 November 2014 by WorkPac Pty Ltd for the approval of a Greenfields agreement known as the WorkPac Pty Ltd East Coast Rail Greenfield Agreement 2014(“the Agreement”).

[2] A statutory declaration was provided by Mr A. Barden, Assistant National Secretary, of the Australian Rail, Tram and Bus Industry Union (“the ARTBIU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the ARTBIU 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] 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.

[5] 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.

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

SENIOR DEPUTY PRESIDENT

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