Vamp Cranes (SA) Pty Ltd

Case

[2024] FWCA 4278

3 DECEMBER 2024


[2024] FWCA 4278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vamp Cranes (SA) Pty Ltd

(AG2024/2611)

VAMP CRANES (SA) PTY LTD / CFMEU SOUTH AUSTRALIA GREENFIELD MOBILE CRANE ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries

COMMISSIONER MATHESON

SYDNEY, 3 DECEMBER 2024

Application for approval of the Vamp Cranes (SA) Pty Ltd / CFMEU South Australia Greenfield Mobile Crane Enterprise Agreement 2023

  1. An application has been made for approval of a greenfields agreement known as the Vamp Cranes (SA) Pty Ltd / CFMEU South Australia Greenfield Mobile Crane Enterprise Agreement 2023 (Agreement). The application was made by Vamp Cranes (SA) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

  1. This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

  1. In accordance with s.187(5) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

  1. Pursuant to s.205A of the Act, the delegates’ rights term prescribed by the Mobile Crane Hiring Award 2020 is taken to be a term of the Agreement.

  1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

  1. Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Construction, Forestry and Maritime Employees Union, and that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2024. The nominal expiry date of the Agreement is 30 June 2025.


COMMISSIONER

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