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

[2022] FWCA 949

[2022] FWCA 949

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)

(AG2022/210)

Dellacorda Specialist Services Pty Ltd Queen’s Wharf Project Agreement

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 21 MARCH 2022

Application for approval of the Dellacorda Specialist Services Pty Ltd Queen’s Wharf Project Agreement

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has applied for approval of an enterprise agreement known as the Dellacorda Specialist Services Pty Ltd Queen’s Wharf Project Agreement (the Agreement). The Agreement covers some employees employed by Dellacorda Specialist Services Pty Ltd (the Employer). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were invited to provide F21 declarations in the event that they wished to be covered by the Agreement, as contemplated by Clause 3.1 of the Agreement. The CFMMEU advised that it did not wish to submit an F21 as it has no members covered under the Agreement. The CEPU advised that it did not intend to file a F21 and did not seek to be covered by the Agreement.

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

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the AMWU, the CFMMEU and the CEPU regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AMWU advised that it had no objections to the undertakings and supports certification of the Agreement. The CFMMEU advised it has no objections to the undertakings and supports certification of this agreement.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 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 that organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515386  PR739447>

ANNEXURE A