s.185 - Application for approval of a greenfields agreement

AMWU & MAVERICK ENGINEEING PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023-2026

Application for approval of the AMWU & MAVERICK ENGINEEING PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 - greenfields agreement

[1] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has made an application for approval of a greenfields agreement known as the AMWU & MAVERICK ENGINEEING PTY LTD Metal & Engineering On-Site Construction Agreement 2023-2026 (the Agreement). The application was made 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.

[3] In accordance with s.187(5)(a) 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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

[5] Clause 51 of the Agreement may be inconsistent with the National Employment Standards (NES). Clause 51 of the Agreement provides that an employee experiencing family violence will have access to 10 days per year of paid family violence leave paid at the employee's minimum wage rate. Section 106BA(1) of the Act provides for payment at the employee's full rate of pay, determined as if the employee had not taken the period of leave, or for a casual, at the employee's full rate of pay, determined as if the employee had worked the hours in the period for which the employee was rostered.

[6] However, noting clause 7.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2025. The nominal expiry date of the Agreement is 30 June 2026.

Printed by authority of the Commonwealth Government Printer