Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 948

[2022] FWCA 948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/653)

Feenix Balustrades Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 MARCH 2022

Application for approval of the Feenix Balustrades Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

1. An application has been made for approval of a greenfields agreement known as the Feenix Balustrades Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the 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. 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 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2022. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

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