Zoomwave Constructions Pty Limited

[2015] FWCA 6287

[2015] FWCA 6287

FAIR WORK COMMISSION

DECISION

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

Zoomwave Constructions Pty Limited
(AG2015/889)

ZOOMWAVE CONSTRUCTIONS PTY LTD / AWU NORTH WEST RAIL PROJECT CIVIL CONSTRUCTION GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 SEPTEMBER 2015

Application for approval of the Zoomwave Constructions Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Zoomwave Constructions Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zoomwave Constructions Pty Ltd (the Applicant) and nominates The Australian Workers’ Union Greater New South Wales Branch (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Fair Work Commission (FWC) received correspondence dated 26 August 2015 and 28 August 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Commercial Manager Zoomwave Constructions and The Australian Workers’ Union Greater New South Wales Branch, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Undertakings

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