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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Vertical Hoisting Solutions Pty Ltd/ CFMEU South Australia Enterprise Agreement 2020. The parties included Vertical Hoisting Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union South Australia Branch. The primary dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009 and whether it met the legal standards for approval.

The key legal issues before the Commission were whether the agreement provided for minimum terms and conditions of employment, if it adhered to the procedural requirements for enterprise agreements, and whether it was made in good faith and without coercion. Additionally, the Commission examined if the agreement adequately balanced the interests of the employer and employees, including provisions related to wages, hours of work, and other employment conditions.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith and followed the required procedural steps. The Commission found that the agreement contained provisions for minimum terms and conditions of employment, was made without coercion, and balanced the interests of both the employer and the employees. The Commission was satisfied that the agreement met the legal standards for approval and thus granted the application for approval of the enterprise agreement. The Commission emphasised the importance of the agreement's provisions in maintaining fair and equitable employment conditions within the specified industries.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established