Uni-Span Height Safety Pty Ltd

[2020] FWCA 1528

[2020] FWCA 1528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uni-Span Height Safety Pty Ltd
(AG2020/448)

UNI-SPAN HEIGHT SAFETY GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2020

Application for approval of the Uni-Span Height Safety Greenfields Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Uni-Span Height Safety Greenfields Agreement (the Agreement). The application was made by Uni-Span Height Safety Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

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

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged with the Fair Work Commission contained typographical errors in Clauses 6.2 and 6.3.6(b). On 13 and 17 March 2020, the Applicant filed amended Agreement pages rectifying the errors pursuant to s.586 of the Act. I am satisfied that the correction to the Clauses should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 20 March 2024.

COMMISSIONER

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<AE507515  PR717701>

Annexure A