The Australian Manufacturing Workers’ Union

Case

[2022] FWCA 2659

5 AUGUST 2022


[2022] FWCA 2659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Manufacturing Workers’ Union

(AG2022/3066)

Ozarc Welding and Fabrication Pty Ltd Queen’s Wharf Project Agreement

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 5 AUGUST 2022

Application for approval of the Ozarc Welding and Fabrication Pty Ltd Queen’s Wharf Project Agreement

  1. The Australian Manufacturing Workers’ Union (AMWU) has made an application for approval of an enterprise agreement known as the Ozarc Welding and Fabrication Pty Ltd Queen’s Wharf Project Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (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 has been met. In accordance with s 187(5) of the Act, I am satisfied that 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, and that it is in the public interest to approve the Agreement.

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

  1. The Agreement was approved on 5 August 2022 and, in accordance with s 54, will operate from 12 August 2022. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT
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