Construction, Forestry and Maritime Employees Union
[2024] FWCA 2295
•20 JUNE 2024
| [2024] FWCA 2295 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/2066)
WHITTENS PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 20 JUNE 2024 |
Application for approval of the Whittens Pty Ltd Perdaman Ceres Project GreenfieldsAgreement 2024
An application has been made for approval of an enterprise agreement known as the Whittens Pty Ltd 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/CFMEU).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 30(3) – Family and domestic violence leave.
However, noting clause 4(1) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU WA) and CFMEU have each lodged a Form F21 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU, AMWU and ETU WA.
In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU and ETU-WA 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.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 9 May 2028.
DEPUTY PRESIDENT
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