ATCO Structures and Logistics Pty Ltd

[2023] FWCA 1796

[2023] FWCA 1796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ATCO Structures and Logistics Pty Ltd

(AG2023/1651)

ATCO STRUCTURES & LOGISTICS PTY LTD (ACT, SA, NT AND TASMANIA) ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 JUNE 2023

Application for approval of the ATCO Structures & Logistics Pty Ltd (ACT, SA, NT and Tasmania) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the ATCO Structures & Logistics Pty Ltd (ACT, SA, NT and Tasmania) Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by ATCO Structures and Logistics Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 6 June 2023.

1. The Applicant has submitted an undertaking in the required form dated 15 June 2023. The undertaking deals with the following topics:

·   Despite Clause 22.4(c) of the Agreement, a ‘nightshift’ will mean any shift commencing at or after 3:00pm and before 11:00pm, which continues after midnight and finishes at or before 8:00am the following day. An ‘afternoon shift’ means any shift starting at or after 1:00pm and before 3:00pm and an ‘early morning shift’ means any shift commencing at or after 11:00pm and before 4:30am.

·   Despite Clause 22.4(d) of the Agreement, employees on night, afternoon or early morning shifts will be paid a flat loading, in addition to wages paid under the Agreement, of:

o50% of their ordinary hourly rate for ordinary hours worked (when working in the general building and construction and metal and engineering industry), or

o15% of their ordinary hourly rate for ordinary hours worked (when working in the civil construction industry).

This does not apply to shifts defined in Clause 22.4(b) of the Agreement or on a Saturday, Sunday or Public Holiday.

1. No bargaining representatives were appointed.

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

1. 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.

1. 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 26 June 2027.

COMMISSIONER

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