Construction, Forestry and Maritime Employees Union

Case

[2024] FWCA 2362

26 JUNE 2024


[2024] FWCA 2362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2042)

GALLOWAY ELECTRICAL CONTRACTORS PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Electrical contracting industry

DEPUTY PRESIDENT O’KEEFFE

PERTH, 26 JUNE 2024

Application for approval of the Galloway Electrical Contractors Perdaman Ceres Project Greenfields Agreement 2024.

  1. An application has been made for approval of a greenfields agreement known as the Galloway Electrical Contractors Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union (the Applicant).

  1. 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 three employee organisations, being the Construction, Forestry and Maritime Employees Union (the CFMEU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) are, between them, eligible to represent the majority of employees who will be covered by the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

  1. The CFMEU, the AMWU and the CEPU were bargaining representatives and the Agreement has been made with each of those organisations. As such, pursuant to s.53(2)(b) and s.201(2A) of the Act I note that the Agreement covers these organisations.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2024. The nominal expiry date of the Agreement is 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525189  PR776392>

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