Kwill Fabrications Pty Ltd

[2021] FWCA 5476

[2021] FWCA 5476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwill Fabrications Pty Ltd
(AG2021/6935)

AMWU AND KWILL FABRICATIONS PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the AMWU and KWILL FABRICATIONS PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022.

[1] Kwill Fabrications Pty Ltd has applied for approval of a greenfields agreement known as the AMWU and KWILL FABRICATIONS PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

[2] On the materials before the Commission, I am satisfied that 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 have been met.

[3] 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.

[4] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with AMWU and that the Agreement covers the organisation.

[6] The Agreement was approved on 2 September 2021 and, in accordance with s.54, will operate from 9 September 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

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