| [2024] FWCA 1673 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Clough Projects Pty Ltd
(AG2024/1402)
CLOUGH PROJECTS PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER LIM | PERTH, 9 MAY 2024 |
Application for approval of the Clough Projects Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024
An application has been made for approval of a greenfields agreement known as the Clough Projects Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by Clough Projects Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
This is a greenfields agreement that meets the requirements of s 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 (the AMWU), the Construction, Forestry and Maritime Employees Union (the CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (the CEPU) 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.
Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.
Pursuant to s 201(2A) of the Act, I note the Agreement covers the AMWU, CFMEU and the CEPU.
The Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 May 2024. The nominal expiry date of the Agreement is 9 May 2028.
COMMISSIONER
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ANNEXURE A
- AGLC
- Clough Projects Pty Ltd [2024] FWCA 1673
- Case
- [2024] FWCA 1673
- Decision Date
CaseChat Overview and Summary
The Commissioner determined that the agreement met the criteria outlined in sections 186 and 187 of the Act. The unions representing a majority of employees were entitled to represent their industrial interests, and it was in the public interest to approve the agreement. The unions involved in the agreement were appropriately covered, and the employer had provided written undertakings which were integral to the agreement. The Commissioner concluded that the agreement would operate from 16 May 2024 until 9 May 2028.
In light of the above findings, the Commissioner approved the agreement. The approval ensures that the terms of the agreement, including the written undertakings by the employer, will be legally binding from the effective date. This decision upholds the statutory framework for greenfields agreements and ensures that the interests of employees and the public are protected. The agreement will operate as per the approved terms from the specified date, subject to its nominal expiry on 9 May 2028.
Orders
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Background
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Evidence
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Decision
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