Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4412

[2022] FWCA 4412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5112)

Tyrone Construction Services Pty Ltd and CFMEU (WA) (Metronet Projects) Greenfields Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Tyrone Construction Services Pty Ltd and CFMEU (WA) (Metronet Projects) Greenfields Agreement 2022.

1. An application has been made for approval of a greenfields agreement known as the Tyrone Construction Services Pty Ltd and CFMEU (WA) (Metronet Projects) Greenfields Agreement 2022 (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 (Act).

1. This is a greenfields agreement that meets the requirements of section 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 the 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.

1. I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2022. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

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