Carrabay Rebar Pty Ltd T/A Carrabay Rebar Pty Ltd

[2022] FWCA 1565

[2022] FWCA 1565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carrabay Rebar Pty Ltd T/A Carrabay Rebar Pty Ltd

(AG2022/1314)

Carrabay Rebar Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2022

Application for approval of the Carrabay Rebar Pty Ltd Enterprise Agreement 2022

1. Carrabay Rebar Pty Ltd T/A Carrabay Rebar Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Carrabay Rebar Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 5 May 2022.

1. On 5 May 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  The parties were notified that the deduction contained at clause 5.2 of the Agreement relating to notice upon termination may be an unenforceable deduction pursuant to s.324 of the Act.

·  Clause 8.4 relating to compassionate leave may be inconsistent with the National Employment Standards however the NES precedence term contained at clause 4 of the Agreement is deemed sufficient to resolve this NES concern.

·  Chambers raised better off overall concerns relating to loaded rates provided to casual employees and the minimum engagement of part-time employees.

1. The Applicant has submitted an undertaking in the required form dated 10 May 2022. The undertaking deals with the following topics:

·  The minimum engagement of part-time workers will be 4 hours.

·  Where the relevant penalty provided equates to double time and a half, the employee must be paid 250% of the permanent hourly rate for the employee's classification.

·  In the circumstances where a casual employee is only engaged for weekend work in a weekly pay cycle, the casual employee will be paid the penalty rates prescribed in Clause 7 .2 applying to the applicable ordinary rate in Clause 6.1.

1. I note for the purposes of s.190(4) of the Act, 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 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 30 April 2026.

COMMISSIONER

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