Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1318

[2023] FWCA 1318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1124)

MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD MARDIE SALT AND POTASH PROJECT – PORT MARINE STRUCTURES CFMEU/AMWU GREENFIELDS AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 9 MAY 2023

Application for approval of the McConnell Dowell Constructors (Aust) Pty Ltd Mardie Salt and Potash Project – Port Marine Structures CFMEU/AMWU Greenfields Agreement 2023

1. An application has been made for approval of a greenfields agreement known as the McConnell Dowell Constructors (Aust) Pty Ltd Mardie Salt and Potash Project – Port Marine Structures CFMEU/AMWU Greenfields Agreement 2023 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (Act).

1. 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 CFMEU and Australian Manufacturing Workers’ Union (AMWU) 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.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CFMEU and AMWU and that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54, will operate from 16 May 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519956  PR761738>

Annexure A