28 Black Pty Ltd T/A Kosa Commercial

[2014] FWCA 5649

[2014] FWCA 5649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

28 Black Pty Ltd T/A Kosa Commercial
(AG2014/8467)

KOSA COMMERCIAL ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 AUGUST 2014

Application for approval of the Kosa Commercial Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kosa Commercial Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 28 Black Pty Ltd T/A Kosa Commercial. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. A Tradesperson will be paid no less than $32.00 per hour.

2. If a tradesperson works more than 50 hours in a week, Monday to Saturday, they will receive a loading of 50% on top of their ordinary rate of pay.

3. If a labourer works more than 40 hours in a week (or works on a Saturday), they will receive overtime penalties equal to the amount that would otherwise apply under the award.

4. Employees who commence work and are unable to be relocated during inclement weather will be paid for a minimum of three hours in any one shift.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2014. The nominal expiry date of the Agreement is 28 August 2018.

SENIOR DEPUTY PRESIDENT

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