Brefni Excavation and Earthmoving Pty Ltd

[2013] FWCA 4552

[2013] FWCA 4552

FAIR WORK COMMISSION

DECISION

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

Brefni Excavation and Earthmoving Pty Ltd
(AG2013/1349)

BREFNI EXCAVATION AND EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 11 JULY 2013

Application for approval of the Brefni Excavation and Earthmoving Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brefni Excavation and Earthmoving Pty Ltd Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Brefni Excavation & Earthmoving Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 18 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {G}, AE402291  PR538759>

ANNEXURE “A”

3. Clause 15 – Ordinary Hours Of Work – agree to change the clause to include the following:

Undertake to increase the casual loading to 25% with the following clause:

“The Casual hourly rate of pay is lower than the permanent employees, but above the award rates of pay. This is in place to ensure that permanent employees are not disadvantaged and to encourage conversion from Casual to Permanent employment if ongoing work is

available. The business has an ongoing need for casuals due to the nature of the business

and generally casuals will be engaged in lower classifications not higher skilled areas.”

4. Clause 18.1 – Public Holidays

Undertake to include all gazetted Public Holidays, this was an oversight.

18.1 Full-time and part-time employees will be entitled to the following public holidays without loss of pay:

• New Year’s Day (1 January)

• Australia Day (26 January)

• Good Friday

• Easter Monday

• Anzac Day (25 April)

• Queen’s Birthday

• Labour Day

• Christmas Day (25 December)

• Boxing Day (26 December);

• A day that, under a state of territory law, is substituted for one of the public holidays listed above; and

• Any other day declared by or under a law of a state or territory to be observed generally within the state or territory, or a region of that state or territory, as a public holiday by people who work in that state, territory or region:

Employees may be requested to work on public holidays and will be entitled to be paid and will be paid as per clause 15 and 16.

The employee(s) and the employer agree that this provision excludes the operation of protected conditions dealing with public holidays.

5. Sick/Carer’s Leave

Undertake to agree to providing 10 days personal/carers leave per year and accrue

year to year. Will delete clause 27.6 Carer’s leave “is cumulative but an employee is only entitled

to take up to Ten (10) days of carer’s leave in any year.”

6. Appendix B

Undertake to change headings in rates column and increase casuals to 25% loading new rates will be as follows:

Classification	Casual Flat Hourly Rate	Hourly Rate at Commencement For casuals including 25% loading	Hourly rate for Permanent Employees
CCW0	N/A	N/A	$23.00
CCW1	$19.93	$24.91	$24.00
CCW2	$20.64	$25.80	$25.00
CCW3	$21.44	$26.80	$26.00
CCW4	$22.44	$28.05	$27.00
CCW5	$23.39	$29.24	$28.25
CCW6	$24.27	$30.33	$29.25

This undertaking comes into effect when:

(a) the undertaking is executed by Brefni Excavation & Earthmoving Pty Ltd & Associated

Entities; and

(b) Fair Work Australia accepts the undertaking so executed.

Upon the commencement of the Agreement, the Employer undertakes to assume the obligations set out above.

SIGNED: Tom Brady (Director) on behalf of the Employer

DATED: 9.7.13

I, BELINDA MCLEAN, am the employer representative in respect of the Agreement and hereby acknowledge that I have read and understood the above given undertaking of Tom Brady and am satisfied with it.

SIGNED: BELINDA MCLEAN (Employer Representative) DATED: 9.7.13