Mammoet Australia Pty Ltd

[2022] FWCA 4352

[2022] FWCA 4352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mammoet Australia Pty Ltd

(AG2022/5007)

Mammoet Australia Pty Ltd Pluto Train 2 Project Agreement

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 13 DECEMBER 2022

Application for approval of the Mammoet Australia Pty Ltd Pluto Train 2 Project Agreement.

1. An application has been made for approval of a greenfields agreement known as the Mammoet Australia Pty Ltd Pluto Train 2 Project Agreement (the Agreement). The application was made by the Mammoet Australia Pty Ltd (Employer) pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. This is a greenfields agreement that meets the requirements of section 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. 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), the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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. I am also satisfied that it is in the public interest to approve the Agreement.

1. The Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a flexibility term and does not contain a consultation term which meets the requirements of s.205(1A) of the Act. Pursuant to s.202(4) and s.205(2) of the Act, the model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 12 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518513  PR748785>

Annexure A