Application for approval of the AMWU & QUALIFIED FABRICATIONS PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026

[1] An application has been made for approval of a greenfields agreement known as the AMWU & QUALIFIED FABRICATIONS PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made by Qualified Fabrications Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] Pursuant to clause 7 of the Agreement, the Agreement incorporates the Building and Construction General On-site Award 2020, however where inconsistency exists between provisions of the Agreement and that Award, and the express terms of the Agreement prevail to the extent of any inconsistency. Clause 30 and 31 of the Agreement supplement and improve on some of the rights of workplace delegates otherwise dealt with in the delegates rights term at clause 36A of the incorporated Award. I consider that this meets the requirements of section 205A of the Act.

[3] 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 Australian Manufacturing Workers 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Manufacturing Workers 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 2 December 2025. The nominal expiry date of the Agreement is 30 June 2026.

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