Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 4829

[2020] FWCA 4829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2381)

SALINI AUSTRALIA PTY LTD AND CFMEU (WA) AND AWU (FORRESTFIELD AIRPORT LINK CONSTRUCTION PROJECT) AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 SEPTEMBER 2020

Application for approval of the Salini Australia Pty Ltd and CFMEU (WA) and AWU (Forrestfield Airport Link Construction Project) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Salini Australia Pty Ltd and CFMEU (WA) and AWU (Forrestfield Airport Link Construction Project) Agreement 2020 (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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union and Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 8 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A