Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 1044

[2020] FWCA 1044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/106)

EXZO (WA) PTY LTD AND CFMEU (WA) QUEENSLEA GREENFIELDS AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 FEBRUARY 2020

Application for approval of the Exzo (WA) Pty Ltd and CFMEU (WA) Queenslea Greenfields Agreement 2019-2021.

[1] An application has been made for approval of a greenfields agreement known as the Exzo (WA) Pty Ltd and CFMEU (WA) Queenslea Greenfields Agreement 2019-2021 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] 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 Construction, Forestry, Maritime, Mining and Energy Union 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.

[3] 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.

[4] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 March 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A