HM Steel Work Pty Ltd T/A HM Steel Work Pty Ltd

[2024] FWCA 4125

[2024] FWCA 4125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

HM Steel Work Pty Ltd T/A HM Steel Work Pty Ltd

(AG2024/4262)

AMWU & HM STEEL WORK PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER CONNOLLY	MELBOURNE, 26 NOVEMBER 2024

Application for approval of the AMWU & HM STEEL WORK 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 & HM STEEL WORK PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by HM Steel Work Pty Ltd T/A HM Steel Work Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

1. The matter was allocated to my Chambers on 19 November 2024.

1. The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

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 the work that is to be performed under it.

1. Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the AMWU and that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190 and 193A of the Act as are relevant to this application for approval have been met.

1. I am satisfied that it is in the public interest to approve the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

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