Civil & Allied Technical Construction Pty Limited T/A CATCON

[2020] FWCA 1075

[2020] FWCA 1075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil & Allied Technical Construction Pty Limited T/A CATCON
(AG2020/288)

CATCON SOUTH AUSTRALIAN GENERAL WORKS WORKPLACE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 27 FEBRUARY 2020

Application for approval of the CATCON South Australian General Works Workplace Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the CATCON South Australian General Works Workplace Agreement 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Civil & Allied Technical Construction Pty Limited T/A CATCON (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 February 2020.

[3] On 25 February 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 February 2020. The undertaking deals with the following topics:

•  The Applicant will apply the parental leave notice and evidentiary requirements in accordance with s.74 of the Act.

•  Personal and carers leave will accrue progressively upon commencement of employment.

•  In clause 23.3, de-facto partner also refers to and includes a de-factor partner of the same or opposite sex who lives with the employee in a relationship as a couple on a genuine domestic basis.

•  Clause 23.3.2 refers to clauses 24.2.1 and 24.2.2, this is a typographical error and should read 23.2.1 and 23.2.2.

•  Increased pay rates have been provided in a table set out in the undertaking attached to the Agreement.

•  The Applicant will provide all tools and equipment for employees to undertake their tasks.

•  All applicable allowances in the Building and Construction General On-Site Award 2010 (the Award), that are not contained in the Agreement, will be payable.

•  Any deduction due to a failure of an employee to provide the required amount of notice will capped at one week and recognise the period of notice worked.

•  Employees will be entitled to a meal allowance in accordance with clause 20.2 of the Award.

•  Employees who work at least 2 hours of overtime will be entitled to a 20 minute break without deduction from pay in accordance with clause 35.3 of the Award.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] 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.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] 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 June 2023.

COMMISSIONER

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