BMS Heavy Cranes Australia Pty Ltd

[2019] FWCA 4914

[2019] FWCA 4914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMS Heavy Cranes Australia Pty Ltd
(AG2019/1326)

BMS HEAVY CRANES AUSTRALIA PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 JULY 2019

Application for approval of the BMS Heavy Cranes Australia Pty Ltd and CFMEU Enterprise Agreement 2019-2021. Application for approval of the BMS Heavy Cranes Australia Pty Ltd and CFMEU Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the BMS Heavy Cranes Australia Pty Ltd and CFMEU Enterprise Agreement 2019-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by BMS Heavy Cranes Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 June 2019.

[3] On 20 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement, and invited the Applicant to address these matters, including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 28 June 2019. The undertaking deals with the following topics:

•  Employees who abandon their employment will be entitled to notice under the National Employment Standards (NES).

•  In relation to clause 11.6, and Schedule A of the Agreement, the Applicant will comply with clause 17.4 of the Building and Construction General On-Site Award 2010.

•  The reference to “apprentice” in Schedule A of the Agreement shall have no effect.

•  Employees who work shift work on an afternoon or night shift roster, which does not continue for at least 5 shifts, will be entitled to a 50% penalty for the first two hours, and 100% thereafter, in addition to the ordinary rate.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2021.

COMMISSIONER

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