Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 1010

[2020] FWCA 1010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/272)

SRG GLOBAL CASC PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT, ELIZABETH QUAY & CAPITAL SQUARE) GREENFIELDS AGREEMENT 2019

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

Application for approval of the SRG Global CASC Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the SRG Global CASC Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019 (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] The index pages of the Agreement included references to the term ‘Error! Bookmark not defined’, instead of referencing page numbers. The Applicant has therefore sought to amend the Agreement and correct these typographical errors. Pursuant to s 586, the corrections have been made.

[5] 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.

[6] 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 26 February 2024.

DEPUTY PRESIDENT

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Annexure A