Vesta Steel Pty Ltd

[2021] FWCA 2371

[2021] FWCA 2371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vesta Steel Pty Ltd
(AG2021/4718)

VESTA STEEL PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 29 APRIL 2021

Application for approval of the Vesta Steel PTY LTD ENTERPRISE AGREEMENT 2021.

[1] An application has been made for approval of an enterprise agreement known as the Vesta Steel PTY LTD ENTERPRISE AGREEMENT 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Vesta Steel Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 April 2021.

[3] The Applicant has submitted an undertaking in the required form dated 28 April 2021. The undertaking deals with the following topics:

•  Employees may elect to have their superannuation paid into a super fund of their choice.

•  Annual leave will accrue progressively throughout the year.

•  In respect of better off overall testing and the issue relating to the test time rate, the Applicant has specified that the rate will be taken from the first column in clause 4.1.

[4] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertaking is taken to be a term of the Agreement.

[5] The “Construction, Forestry, Maritime, Mining and Energy Union” (CFMMEU) requested to be heard in this matter. On 23 April 2021, my chambers emailed the CFMMEU to seek clarification on the basis of their intervention and offered the opportunity to provide any objections by 12:00pm noon Thursday 29 April 2021.

[6] As at the time of this decision no response has been received from the CFMMEU.
[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] 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 7 May 2024.

COMMISSIONER

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