Hyforce Engineering Pty Ltd

Case

[2022] FWCA 2420

19 JULY 2022


[2022] FWCA 2420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hyforce Engineering Pty Ltd

(AG2022/2380)

Hyforce Engineering Pty Ltd Queen's Wharf Project Agreement

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 19 JULY 2022

Application for approval of the Hyforce Engineering Pty Ltd Queen's Wharf Project Agreement

  1. Hyforce Engineering Pty Ltd has made an application for approval of the Hyforce Engineering Pty Ltd Queen's Wharf Project Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

  1. 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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Manufacturing Workers' Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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, and that it is in the public interest to approve the Agreement.

  1. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU, the AMWU and the CFMMEU and that the Agreement covers these organisations.

  1. The Agreement was approved on 19 July 2022 and, in accordance with s 54, will operate from 26 July 2022. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT
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