Construction, Forestry and Maritime Employees Union

TRINITY PROJECTS & MAINTENANCE PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Application for approval of the Trinity Projects & Maintenance Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Trinity Projects & Maintenance Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (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), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Building and Construction General Onsite Award is taken to be a term of the Agreement.

[4] I note that Clauses 26.6(a), 26.11, 28.6, 28, 30.3, 27.4 may be inconsistent with the National Employment Standards_._ However, given the National Employment Standards precedence clause contained in Clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail in the event of any inconsistency.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU, the AMWU and the CEPU, and that the Agreement covers these organisations.

[6] 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 9 May 2028.

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