Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 5239

[2020] FWCA 5239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2690)

VERTICAL HOISTING SOLUTIONS PTY LTD/ CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 30 SEPTEMBER 2020

Application for approval of the Vertical Hoisting Solutions Pty Ltd/ CFMEU South Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Vertical Hoisting Solutions Pty Ltd/ CFMEU South Australia Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 September 2020.

[3] On 22 September 2020, 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 a submission.

[4] On 25 September 2020, the Applicant provided a Statement of Ben Nye (Director), a Statement of Nathan White (employee) and a document comparing the conditions for an Adult Apprentice under the Building and Construction General On-Site Award 2010 (the Award) and the Agreement. Having reviewed the documents, I am now satisfied that the terms and the effect of the terms of the Agreement have been explained to employees and that the Agreement provides benefits to Adult Apprentices in excess of the Award including those relating to income protection, meal allowance, travel allowance, superannuation and redundancy.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, 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.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509141  PR723209>