Construction, Forestry and Maritime Employees Union
[2024] FWCA 4236
•4 DECEMBER 2024
| [2024] FWCA 4236 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4652)
MWK CIVIL & MINING PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 4 DECEMBER 2024 |
Application for approval of the MWK Civil & Mining Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024
The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the MWK Civil & Mining Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement) 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the CFMEU 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.
Contrary to s 205A(1) of the Act, the Agreement does not contain a delegates’ rights clause. I consider this to be an obvious error, defect of irregularity that may be corrected by a variation of the Agreement under s 218A. I have informed the employer and the union bargaining representatives for the Agreement that I propose to vary the Agreement on my own initiative to insert the delegates’ rights clause from the Building and Construction General On-site Award 2020 (Building Award) into the Agreement. The employer and the union bargaining representatives have expressed no view. I consider it appropriate to vary the Agreement to correct obvious error to insert the delegates’ rights clause from the Building Award. The varation will operate from the date of this decision.
I note that the Agreement was made with the AMWU, the CEPU and the CFMEU, and therefore covers these organisations (see s 53(2)(b)).
The Agreement was approved on 4 December 2024.
DEPUTY PRESIDENT
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