Bardrill Corporation Limited T/A Bardrill

[2017] FWCA 299

[2017] FWCA 299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Bardrill Corporation Limited T/A Bardrill
(AG2016/7947)

BARDRILL CORPORATION LIMITED ENTERPRISE AGREEMENT NO. 5 (2012)

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 13 JANUARY 2017

Application for variation of the Bardrill Corporation Limited Enterprise Agreement No. 5 (2012).

[1] An application has been made for approval of a variation of an enterprise agreement known as the Bardrill Corporation Limited Enterprise Agreement No. 5 (2012) (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Bardrill Corporation Ltd (Bardrill). The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by;

● Rescinding the undertaking made in 2012 that Bardrill would not engage any casual employees who would be covered by the proposed Agreement.
● Inserting a casual rate of pay in Appendix A.
● Varying the matters that can be the subject of an Individual Flexibility Agreement in Clause 12.1.
● Adding a consultation provision concerning changes to rosters and hours of work in Clause 15.

[3] Bardrill has provided an undertaking in the following terms:

“1. During the term of the Bardrill Corporation Limited Enterprise Agreement No.5 (2012), Bardrill undertakes that with respect to clause 8 of the Enterprise Agreement, Bardrill does acknowledge that the life of the Enterprise Agreement cannot be extended beyond a 4 year term from the commencement of the Enterprise Agreement.

2. With respect to clause 9.3 this does not apply with respect to casual employees. The notation on Appendix A shall apply to casual employees.

3. Overtime would apply once any casual employee works greater than 7.6 hours on any day shift Monday to Friday. Casual employees who work on a weekend, public holidays or shift work shall be paid in accordance with the relevant rates as prescribed by the Building and Construction General On Site Award 2010.”

[4] 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 1.

[5] I have considered the application and accompanying declarations in support of the application and the undertakings given. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[6] I note that the variation application is supported by the Australian Workers’ Union, who is covered by the Agreement.

[7] The Agreement is approved and will operate from 13 January 2017. The nominal expiry date of the Agreement remains as 18 April 2015.

[8] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

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