Coleman Rail Pty Ltd t/a Evolve Bayswater

[2022] FWCA 90

[2022] FWCA 90

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coleman Rail Pty Ltd t/a Evolve Bayswater

(AG2021/8956)

Evolve Bayswater and CFMEU (WA) and AWU (Bayswater Train Station) Greenfields Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 JANUARY 2022

Application for approval of the Evolve Bayswater and CFMEU (WA) and AWU (Bayswater Train Station) Greenfields Agreement 2021.

1. Application has been made for approval of a greenfields agreement known as the Evolve Bayswater and CFMEU (WA) and AWU (Bayswater Train Station) Greenfields Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

1. By consent, the employer and employee organisations covered by the Agreement sought two amendments to the original application. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

1. A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The employee organisations covered by the Agreement supported the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee that would be covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

1. Noting clause 6.1(b) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. On the materials before the Commission, I am satisfied that 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, 187 and 190 of the Act as are relevant to this application for approval have been met.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

1. In accordance with s.187(5)(b) of the Act, 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 CFMMU and AWU and that the Agreement covers these organisations.

1. The Agreement was approved on 28 January 2022 and in accordance with s.54, will operate from 4 February 2022. The nominal expiry date of the Agreement is 28 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514593  PR737447>

Annexure A