Structural Processing Australia (SPA) Pty Ltd

[2024] FWCA 4675

[2024] FWCA 4675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Structural Processing Australia (SPA) Pty Ltd

(AG2024/4186)

AMWU AND STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD METAL ENGINEERING NORTH EAST LINK PROJECT AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 24 DECEMBER 2024

Application for approval of the AMWU AND STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD Metal Engineering North East Link Project Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the AMWU AND STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD Metal Engineering North East Link Project Agreement 2023 - 2026 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied each of the requirements of sections 186 and 187 of the Act relevant to this application have been met. I am satisfied 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 the 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. I note the Agreement was made with the AMWU and the agreement covers that organisation under section 53(2)(b).

1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved today 24 December 2024. It will operate from 31 December 2024 as required by section 54 of the Act. The nominal expiry date is 1 July 2026.

COMMISSIONER

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