Bmc Welding & Construction Pty Ltd

[2024] FWCA 1004

[2024] FWCA 1004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Bmc Welding & Construction Pty Ltd

(AG2024/455)

BMC WELDING & CONSTRUCTION PTY LTD GAS PLANT MECHANICAL MAINTENANCE SERVICES AGREEMENT 2023

Building services
COMMISSIONER ALLISON	MELBOURNE, 25 MARCH 2024

Application for approval of the BMC Welding & Construction Pty Ltd Gas Plant Mechanical Maintenance Services Agreement 2023

1. An application has been made for approval of a greenfields agreement known as the BMC Welding & Construction Pty Ltd Gas Plant Mechanical Maintenance Services Agreement 2023 (the Agreement). The application was made by Bmc Welding & Construction Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) 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. 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 the AWU and that the Agreement covers these organisations.

1. The Applicant has provided a written undertaking in respect of the definition of a shiftworker for the purposes of the additional week of annual leave provided by the National Employment Standards (NES). A copy of the undertaking is attached in Annexure A. In accordance with s.191(1) of the Act, the undertaking is taken to be a term of the Agreement.

1. I observe that Clause 26 – relating to notice for personal/carer’s leave, may contain a more stringent notice requirement than permitted by the NES, s.107(2)(a) of the Act. However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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