Vulcan Steel Pty Ltd T/A Vulcan Steel

[2021] FWCA 5897

[2021] FWCA 5897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vulcan Steel Pty Ltd T/A Vulcan Steel
(AG2021/7342)

VULCAN STEEL PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 SEPTEMBER 2021

Application for approval of the Vulcan Steel Pty Ltd Enterprise Agreement 2021

[1] Vulcan Steel Pty Ltd T/A Vulcan Steel (the Applicant) has made an application for approval of an enterprise agreement known as the Vulcan Steel Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 September 2021.

[3] On 17 September 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

● Chambers sought clarification as the Agreement provided for an “Appendix B” however the page in the Agreement was not attached.

● Additional information was requested in order for the Commission to be satisfied of the Agreement explanation requirements in the Act.

● The parties were notified that that should the Agreement be approved, the approval decision will note that the Agreement will commence 7 days following approval pursuant to s.54(1)(a) of the Act as opposed to the commencement date in clause 4.1.

● Clauses 19.1 and 22.2.4 concerning Annual Leave, 20.1.5 concerning Personal Leave and 20.2.1 concerning Compassionate Leave, may be inconsistent with the National Employment Standards (NES) however the Agreement contains an effective NES precedence term at clause 5 that is deemed to resolve the above NES inconsistencies identified in the Agreement.

[4] The United Workers’ 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) of the Act I note that the Agreement covers this organisation.

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

[6] 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 5 May 2023.

COMMISSIONER

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