York Civil Pty Ltd Summary

[2013] FWCA 3060

FAIR WORK COMMISSION

DECISION

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

York Civil Pty Ltd
(AG2013/1123)

YORK CIVIL PTY LTD (QGC-GAS PLANTS, FLOWLINES, FACILITIES & INFRASTRUCTURE CONSTRUCTION PROJECTS) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 MAY 2013

Application for approval of the York Civil Pty Ltd (QGC-Gas Plants, Flowlines, Facilities & Infrastructure Construction Projects) Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 May 2013 by York Civil Pty Ltd for the approval of a Greenfields agreement known as the York Civil Pty Ltd (QGC-Gas Plants, Flowlines, Facilities & Infrastructure Construction Projects) Enterprise Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[1] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[2] 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.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

York Civil Pty Ltd applied to the Fair Work Commission for approval of the York Civil Pty Ltd (QGC-Gas Plants, Flowlines, Facilities & Infrastructure Construction Projects) Enterprise Agreement 2013. The Fair Work Commission assessed whether the enterprise agreement was a genuine agreement, whether it contained the required minimum entitlements and if it was consistent with the Fair Work Act 2009. The Commission found that the agreement was a genuine enterprise agreement, contained the required minimum entitlements and was consistent with the Fair Work Act 2009.

The Commission found that the agreement was a genuine enterprise agreement, as it was not made as a result of any unlawful industrial action and that it was not contrary to public policy. The Commission also found that the agreement contained the required minimum entitlements, including pay rates and conditions of employment. The Commission concluded that the agreement was consistent with the Fair Work Act 2009, as it did not contain any provisions that were inconsistent with the Act or its regulations. The Commission approved the enterprise agreement and made it a registered agreement.

York Civil Pty Ltd

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