Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1111

[2022] FWCA 1111

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/704)

RAC GLAZING PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
Commissioner Matheson	SYDNEY, 29 MARCH 2022

Application for approval of the RAC Glazing Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.

1. An application has been made for approval of an enterprise agreement known as the RAC Glazing Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

1. The Commission sought further information to clarify whether the Agreement relates to a genuine new enterprise (including a new business, activity, project or undertaking) which is made at a time when the employer or employers have not yet employed any of the persons who will be necessary for the normal conduct of the enterprise and who will be covered by the agreement pursuant to s.172(2) of the Act. The Applicant and employer covered by the Agreement provided joint submissions addressing this question and, based on the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. I am also satisfied that the Construction, Forestry, Maritime, Mining and Energy Union 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 may be inconsistent with the National Employment Standards (NES). However, noting clause 4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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