Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 2346
•14 JULY 2022
| [2022] FWCA 2346 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/2153)
Mass Resources (WA) Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Greenfields Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 14 JULY 2022 |
Application for approval of the Mass Resources (WA) Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Greenfields Agreement 2022
The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) has made an application for approval of a greenfields agreement known as the Mass Resources (WA) Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Greenfields Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).
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 the CFMEU 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.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.
Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CFMEU and the Australian Workers’ Union and that the Agreement covers these organisations.
The Agreement was approved on 14 July 2022 and, in accordance with s 54, will operate from 21 July 2022. The nominal expiry date of the Agreement is 14 July 2026.
DEPUTY PRESIDENT
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Annexure A
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