“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

Case

[2022] FWCA 979

21 MARCH 2022


[2022] FWCA 979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

(AG2022/601)

Altius Construction Management Pty Limited AMWU On-Site Construction Greenfield Agreement for NSW 2022-2025

Building, metal and civil construction industries

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 21 MARCH 2022

Application for approval of the Altius Construction Management Pty Limited AMWU On-Site Construction Greenfield Agreement for NSW 2022-2025

  1. An application has been made for approval of an enterprise agreement known as the Altius Construction Management Pty Limited AMWU On-Site Construction Greenfield Agreement for NSW 2022-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

  1. I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. Based on the statutory declaration provided by the organisation, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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 satisfied that the AMWU was a bargaining representative for the Agreement. I note that the Agreement covers the AMWU.

  1. I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.

  1. I am satisfied that it is in the public interest to approve the Agreement.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 March 2022. The nominal expiry date of the Agreement is 30 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE515412  PR739494>

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