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[7]
[1] An application has been made for approval of an enterprise agreement known as the Q C Industries and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Construction, Forestry and Maritime Employees Union.
[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 (CFMEU) are 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 Clauses 40.3(d), 43.7 and 18.9 may be inconsistent with the National Employment Standards_._ However, given the National Employment Standards precedence clause contained in Clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail in the event of any inconsistency.
[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.
[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 days after approval. The nominal expiry date of the Agreement is 2 July 2027.
