Construction, Forestry, Mining and Energy Union
[2015] FWCA 4942
•21 JULY 2015
| [2015] FWCA 4958 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Teague Constructions Pty Ltd
(AG2015/1414)
TEAGUE CONSTRUCTIONS ENTERPRISE AGREEMENT 2015
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 21 JULY 2015 |
Application for approval of the Teague Constructions Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Teague Constructions Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Teague Constructions Pty Ltd. The Agreement is a single-enterprise agreement.
[2] Undertakings have been provided in the following terms:
“No employee will be required to work more than 10 hours on any weekday.”
“Where an employee is transferred from one site to another during working hours and the employee uses their own car for such a transfer, the employee will be paid an allowance of $0.78 per kilometre after the first 20 kilometres.
Where an employee travels outside of a 50km radius from the Adelaide GPO, the time spent travelling beyond that radium and return, outside ordinary working hours, will be paid at the ordinary time hourly rate, calculated to the next quarter of an hour, with a minimum payment of one half an hour per day for each return journey. Where the employee uses their own vehicle, they will be paid $0.47 per kilometre after the first 30 kilometres.”
[3] As a result, the above undertakings are taken to be terms of the Agreement. Copies of advice provided by the employer are attached to the Agreement as Attachment 1 and Attachment 2, respectively.
[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 29 July 2015. The nominal expiry date of the Agreement is 20 July 2019.
SENIOR DEPUTY PRESIDENT
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