Building Express Pty Ltd

[2019] FWCA 3566

[2019] FWCA 3566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Building Express Pty Ltd
(AG2019/57)

BUILDING EXPRESS NSW PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 MAY 2019

Application for approval of the Building Express NSW Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Building Express NSW Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Building Express Pty Ltd. The agreement is a single enterprise agreement.

[2] The title of the Agreement contained an error in its name by omitting ‘NSW’ and pursuant to s.188(2) of the Act I allow a correction to the Agreement so that the title of the Agreement is the ‘Building Express NSW Pty Ltd Enterprise Agreement 2019 – 2023’.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 24 May 2019 and, in accordance with s.54, will operate from 31 May 2019. The nominal expiry date of the Agreement is 23 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503580  PR708616>

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2019/57

Applicant:

Building Express (NSW) Pty Ltd

Section 185 – Application for approval of a single enterprise agreement

Undertaking- Section 190

I, Andros Walsh, Director for Building Express (NSW) Pty Ltd give the following undertakings with respect to the Building Express (NSW) Pty Ltd Enterprise Agreement

2019 – 2023 ("the Agreement"):

1. I have the authority given to me by Building Express (NSW) Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission.

2. The nominated bargaining representatives for Building Express (NSW) Pty Ltd Enterprise Agreement 2019 – 2023 have been consulted and have indicated their agreement in respect of the undertakings herein provided.

3.	Claus “5.6	e 5.6 Compensation Allowance shall be read and applied as follows: Compensation Allowance
5.6.1	The Company shall pay a Compensation Allowance of $2.00 per hour to Employees covered by this Agreement.
5.6.2	Where applicable, the Compensation Allowance shall only be paid for hours worked while on-site. The Allowance is not payable when work is interrupted due to inclement weather.
5.6.3	The Compensation Allowance attracts no premiums or penalties. The allowance shall remain in force for the life of this Agreement.
5.6.4	If the Company undertakes any work on a project which is the subject of a project award or agreement, then any specified productivity allowance or site allowance (howsoever named or described) shall be absorbed by the company Compensation Allowance to the extent of the hourly amount paid to the Employee.
5.6.5	The compensation allowance incorporates payment in lieu of the overtime meal allowance payable after the first two (2) hours overtime.”

4. Sub-clause 6.1.4 of Clause 6 Travel Arrangements shall be read and applied as follows:

“6.1.4 Employees who are required to commence or cease work on a building and construction site shall be paid Daily Fares Allowance of $19.00 for each day worked on a building and construction site located within the County of Cumberland (Camden, Northumberland) in accordance with Appendix 3 of this Agreement.

The same Fares Allowance shall be paid to Employees where they commence or cease work at a building and construction site located:

(a) Within a radius of 50 kilometres of the GPO in a capital city of a State

(except for Sydney, NSW) or Territory;

(b) Within a radius of 50 kilometres of the principal post office in a regional city or town in a State or Territory; or,

(c) Within a radius of 50 kilometres from the place where an Employee performing distant duty is accommodated with the Company’s approval.”

5. Sub-clauses 7.1.5 and 7.1.6 of Clause 7.1 Ordinary Hours – Monday to Friday shall be read and applied as follows:

“7.1.5 Ordinary working hours may be established by agreement between the Company and the majority of Employees in the business or part of the business concerned in accordance with the provisions of the Hours of Work clause in this Agreement.

7.1.6 The matters on which agreement may be reached include:

• How the hours are to be averaged within a work cycle established in accordance with this clause;

• The duration of the work cycle for Employees provided that such duration does not exceed four weeks;

• Rosters which specify the starting and finishing times of working hours

Any change to ordinary working hours made under clauses 7.1.4, 7.1.5, 7.1.6 and / or 7.1.7 of this Agreement must be within the confines of that which is prescribed by clause 7.1.1 of this Agreement.”

6. Sub-clause 7.6.1 of Clause 7.6 Overtime and Weekend Crib Breaks shall be read and applied as follows:

“7.6.1 An Employee required to work overtime for two (2) hours or more on any day, Monday to Friday, shall be entitled to a crib break of 20 minutes. This break is paid at ordinary time rates of pay.

A further crib break of 30 minutes may be taken after each subsequent block of four (4) hours overtime worked, provided that work is resumed after the crib break. These crib breaks are paid at the rate applicable immediately prior to the crib break.”

7. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Signature – Andros Walsh

08.05.19

Date -