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[8]
austlii:cth/FWCA/2025/3004
General information, not legal advice.
FWCA
2025-09-08
Original judgment source is linked above.
s.185 - Application for approval of a greenfields agreement
AMWU & I & F AUSTRALIA PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023-2026
Application for approval of the AMWU & I & F Australia Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026
[1] I & F Australia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a Greenfields agreement known as the AMWU & I & F Australia Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026 (the Agreement).
[2] This is a Greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 (AMWU) is entitled to represent the industrial interests of a majority of the 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] Clauses 27.1 and 27.6 of the Agreement refer to trainees, however no rates of pay are provided for trainees in the Agreement. The Employer has provided an undertaking to address this issue.
[4] A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
[5] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the Australian Manufacturing Workers' Union and covers that organisation.
[6] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2025. The nominal expiry date of the Agreement is 30 June 2026.
Printed by authority of the Commonwealth Government Printer