Construction, Forestry and Maritime Employees Union
[2024] FWCA 929
•14 MARCH 2024
| [2024] FWCA 929 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/421)
BOORLOO RESOURCES PTY LTD AND CFMEU (WA) AND AWU (ARMADALE LINE UPGRADE) GREENFIELDS AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 14 MARCH 2024 |
Application for approval of the Boorloo Resources Pty Ltd and CFMEU (WA) and AWU (Armadale Line Upgrade) Greenfields Agreement 2024
An application has been made for approval of a greenfields agreement known as the Boorloo Resources Pty Ltd and CFMEU (WA) and AWU (Armadale Line Upgrade) Greenfields Agreement 2024 (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).
The content of the signature page of the Agreement was non-compliant with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). The Applicant sought to rectify the issue by amending the application pursuant to s 586 of the Act. Such amendment was allowed.
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 and The Australian Workers' Union (AWU) 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.
Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CFMEU and the AWU and that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 March 2024. The nominal expiry date of the Agreement is 1 July 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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