Construction, Forestry and Maritime Employees Union
[2024] FWCA 2296
•20 JUNE 2024
| [2024] FWCA 2296 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/2108)
TECHNARCH PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024–2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 20 JUNE 2024 |
Application for approval of the Technarch Pty Ltd and CFMEU (WA) Collective Agreement 2024–2027
An application has been made for approval of a greenfields agreement known as the Technarch Pty Ltd and CFMEU (WA) Collective Agreement 2024–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s 185 of the Fair Work Act 2009 (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 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. 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 CFMEU and that the Agreement covers this organisation.
The Applicant has opted to rely on the National Employment Standards (NES) precedence clause at clause 5.2 of the Agreement to address an issue regarding clause 43.7 of the Agreement. That clause provides that the employer, with the consent of any employee or the majority of employees in the workplace, may substitute a public holiday for another day. This appears inconsistent with s 115(3) of the Act which provides that an employer and individual employee may agree on the substitution of a day or part-day of a public holiday.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 June 2024. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
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