D R May Inspections Pty Ltd

[2024] FWCA 3364

[2024] FWCA 3364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D R May Inspections Pty Ltd

(AG2024/3328)

AMWU & D R MAY INSPECTIONS PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 25 SEPTEMBER 2024

Application for approval of the AMWU & D R MAY INSPECTIONS PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026.

1. An application has been made for approval of an enterprise agreement known as the AMWU & D R MAY INSPECTIONS PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made by D R May Inspections Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. I am satisfied that the Agreement is a greenfields agreement which meets the requirements of s.172(2)(b) of the Act. I am also 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.

1. Noting clause 7.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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 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 AMWU, and that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

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