Structural Processing Australia (SPA) Pty Ltd

[2024] FWCA 72

[2024] FWCA 72

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Structural Processing Australia (SPA) Pty Ltd

(AG2023/5240)

AMWU & STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER CONNOLLY	MELBOURNE, 8 JANUARY 2024

Application for approval of the AMWU & STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the AMWU & STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by Structural Processing Australia (SPA) Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

1. The matter was allocated to my Chambers on 2 January 2024

1. The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. The Agreement was made on 18 December 2023. Accordingly, the better off overall test (BOOT) is that applying on and from 6 June 2023. [1] 

1. 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 the work that is to be performed under it.

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

1. 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.

1. I am satisfied that it is in the public interest to approve the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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