Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 539
•17 FEBRUARY 2022
| [2022] FWCA 539 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8868)
KPI Services (QLD) Pty Ltd and CFMEU Union Public Works Collective Agreement 2021–2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 17 FEBRUARY 2022 |
Application for approval of the KPI Services (QLD) Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023
An application has been made for approval of a greenfields agreement known as the KPI Services (QLD) Pty Ltd and CFMEU Union Public Works Collective Agreement 2021-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
This greenfields agreement 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 the application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees which 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.
KPI Services (QLD) Pty Ltd has provided written undertakings and a copy of these undertakings is attached in Annexure A. In accordance with s.191(1) 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 CFMMEU and that this Agreement covers that organisation.
The Agreement is approved, and in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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