Caledonia Scaffolding Services Pty Ltd

[2013] FWCA 2620

[2013] FWCA 2620

FAIR WORK COMMISSION

DECISION

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

Caledonia Scaffolding Services Pty Ltd
(AG2013/5629)

CALEDONIA SCAFFOLDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 1 MAY 2013

Application for approval of the Caledonia Scaffolding Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Caledonia Scaffolding Services Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caledonia Scaffolding Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“1. When employees are working under an arrangement reached pursuant to clause 4.4 of the agreement, the following conditions shall apply:

a. Employees shall not be required to work unreasonable additional hours

b. The Company shall schedule meal and other breaks:

i. in accordance with the site’s requirements or,

ii. if there is no such requirement, by agreement with a majority of affected employees having regard to the provisions of this agreement

c. Employees eligible for payments into the redundancy fund shall have their redundancy contribution deducted from their weekly remuneration and remitted to the fund

d. Employees who are entitled to annual leave will be regarded as a “shift worker” for the purpose of the NES if they are regularly rostered to work ordinary hours on weekends.”

[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 9 May 2013. The nominal expiry date of the Agreement is 8 May 2017.

SENIOR DEPUTY PRESIDENT

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