Construction, Forestry and Maritime Employees Union
[2024] FWCA 2899
•6 AUGUST 2024
| [2024] FWCA 2899 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Construction, Forestry and Maritime Employees Union
(AG2024/2511)
GALLAGHER STRUCTURES PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027.
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 6 AUGUST 2024 |
Application for approval of the Gallagher Structures Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027.
Gallagher Structures Pty Ltd (Gallagher) has made an application for approval of an enterprise agreement known as the Gallagher Structures Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act). This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. The Agreement is made by an employer with an organisation and relates to a genuine new enterprise that the employer is establishing. The enterprise will undertake on-site construction work in Western Australia below the 26th parallel. The company has not employed any employees who will be necessary for the normal conduct of the enterprise and who will be covered the Agreement.
In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union (CFMEU) 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. This is evident from the classification structure in the Agreement and the coverage of the CFMEU’s registered rules. I am also satisfied that in all the circumstances it is in the public interest to approve the Agreement, including because the Agreement provides for wages and conditions that are in line with those found in the industry in the relevant area and will be conducive to harmonious industrial relations. I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).
I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application has been met. I am therefore required to approve the Agreement, and I do so.
DEPUTY PRESIDENT
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