Construction, Forestry and Maritime Employees Union

[2024] FWCA 2082

[2024] FWCA 2082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1841)

FEC CONSTRUCTIONS (WA) PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 JUNE 2024

Application for approval of the FEC Constructions (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027

1. An application has been made for approval of a greenfields agreement known as the FEC Constructions (WA) 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).

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 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.

1. Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers the organisation.

1. In respect of clause 43.7 of the Agreement, which allows for the substitution of public holidays by agreement between employees and the employer, a provision which contrasts to s 115(3) of the Act, which permits such substation by agreement between an employee and employer, the Applicant relies upon the National Employment Standards precedence clause at clause 5.2 of the Agreement to address the inconsistency.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 September 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

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