Supreme Installation Pty Ltd

[2021] FWCA 4307

[2021] FWCA 4307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Supreme Installation Pty Ltd
(AG2021/5942)

AMWU & SUPREME INSTALLATION PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 21 JULY 2021

Application for approval of the AMWU & SUPREME INSTALLATION PTY LTD Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU & SUPREME INSTALLATION PTY LTD Metal Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Supreme Installation Pty Ltd.

[1] 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 sections 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s.187(5)(a) of the Act, I am satisfied that 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.

[2] Clause 44.4 of the agreement provides that “The Employer must make contributions to C+BUS in accordance with the rules of the fund”. Clause 44.4 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[3] The Applicant has provided a written undertaking and a copy of the undertaking is attached in Annexure A. In accordance with s.191(1) of the Act, the undertaking is taken to be a term of 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(1) of the Act, will operate from 28 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A