"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

Case

[2024] FWCA 1383

17 APRIL 2024


[2024] FWCA 1383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

(AG2024/942)

AMWU & SOUTH QUEENSLAND REFRIGERATION PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Manufacturing and associated industries

COMMISSIONER DURHAM

BRISBANE, 17 APRIL 2024

Application for approval of the AMWU & South Queensland Refrigeration Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

  1. An application has been made for the approval of a greenfields agreement known as the AMWU & South Queensland Refrigeration Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (the Applicant/AMWU).

  1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

  1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.  

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186 and 187 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement. 

  1. In accordance with s. 187(5)(a) of the Act, I am satisfied that the AMWU 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.

  1. Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

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




COMMISSIONER

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