Structural Processing Australia (SPA) Pty Ltd

[2024] FWCA 67

[2024] FWCA 67

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Structural Processing Australia (SPA) Pty Ltd

(AG2023/5235)

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

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 8 JANUARY 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 a greenfields 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 was made by Structural Processing Australia (SPA) Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

1. 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.

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 (the 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 organisation and that the Agreement covers it.

1. Pursuant to s 201(2A) of the Act I note the Agreement covers the AMWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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