Universal Cranes Pty Ltd

[2021] FWCA 1752

[2021] FWCA 1752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Universal Cranes Pty Ltd
(AG2021/4280)

UNIVERSAL CRANES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 MARCH 2021

Application for approval of the Universal Cranes Pty Ltd and CFMEU Union Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Universal Cranes Pty Ltd and CFMEU Union Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Universal Cranes Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 26 of the agreement provides that “all Employees shall be entitled to receive Employer superannuation contributions and shall also co-contribute a minimum amount from their wages to CBUS or BUSS(Q).” Clause 26 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2021. The nominal expiry date of the Agreement is 2 July 2022.

COMMISSIONER

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