Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2739

[2022] FWCA 2739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3219)

Exclusive Contracting (WA) Pty Ltd and CFMEU (WA) Garden Island (East) Greenfields Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 AUGUST 2022

Application for approval of the Exclusive Contracting (WA) Pty Ltd and CFMEU (WA) Garden Island (East) Greenfields Agreement 2022

1. An application has been made for approval of a greenfields agreement known as the Exclusive Contracting (WA) Pty Ltd and CFMEU (WA) Garden Island (East) Greenfields Agreement 2022 (the Agreement). The application was made by 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 observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.5 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. 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 19 August 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

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