Caledonia SA Pty Ltd

[2023] FWCA 2967

[2023] FWCA 2967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Caledonia SA Pty Ltd

(AG2023/3074)

CALEDONIA SCAFFOLDING SERVICES ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 SEPTEMBER 2023

Application for approval of the Caledonia Scaffolding Services Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Caledonia Scaffolding Services Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Caledonia SA Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 11 September 2023.

1. On 14 September 2023, 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 through the provision of an undertaking.

1. The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act. The Applicant advised this was due to staff turnover in the HR function and the delay was relatively short. I consider it fair to extend the time for making this application to 4 September 2023 being the date of lodgement.

1. The Applicant has submitted an undertaking in the required form dated 14 September 2023. The undertaking deals with the following topics:

·  Despite clauses 3.10.9 and 5.6.4, the Agreement does not apply to Apprentices or Trainees.

·  Despite clause 6.3.3, in instances where it is not practicable to notify the company of absence due to illness or injury prior to 7:00am, notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

·  Compassionate leave under clause 6.5 will extend to all circumstances contemplated by s104(1) of the Act.

1. 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.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 21 September 2027.

COMMISSIONER

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