austlii:cth/FWCA/2025/2304
General information, not legal advice.
FWCA
2025-07-14
Original judgment source is linked above.
s.185 - Enterprise agreement
Construction, Forestry and Maritime Employees Union
FINEFORM PTY LTD AND CFMEU (WA) GREENFIELDS AGREEMENT 2025 - 2027
Application for approval of the Fineform Pty Ltd and CFMEU (WA) Greenfields Agreement 2025 - 2027
[1] An application has been made for approval of a greenfields agreement known as the Fineform Pty Ltd and CFMEU (WA) Greenfields Agreement 2025 - 2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).
[2] 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 Construction, Forestry and Maritime Employees Union 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.
[3] I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2025. The nominal expiry date of the Agreement is 2 July 2027.
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