Kwill Fabrications Pty Ltd

[2024] FWCA 631

[2024] FWCA 631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kwill Fabrications Pty Ltd

(AG2024/280)

AMWU AND KWILL FABRICATIONS PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2023-2025

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 15 FEBRUARY 2024

Application for approval of the AMWU and Kwill Fabrications Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023-2025

1. An application has been made for approval of a greenfields agreement known as the AMWU and Kwill Fabrications Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Kwill Fabrications Pty Ltd (the Employer)

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, 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 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 AMWU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 22 February 2024. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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