Cowell Electric Supply Pty Ltd

[2016] FWCA 6163

[2016] FWCA 6163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cowell Electric Supply Pty Ltd
(AG2016/3854)

COWELL ELECTRIC SUPPLY PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O’CALLAGHAN	ADELAIDE, 30 AUGUST 2016

Application for variation of the Cowell Electric Supply Pty Ltd Enterprise Agreement 2015.

[1] An application has been made to vary an enterprise agreement known as the Cowell Electric Supply Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by Cowell Electric Supply Pty Ltd (Cowell Electric). The Agreement is a single enterprise agreement.

[2] At a telephone conference convened on 3 August 2016, I raised concerns with the parties relative to lower classifications in the Agreement. Cowell Electric have subsequently provided undertakings in the following terms:

“As a result of this BOOT the Company has reconsidered the minimum rates of pay for the below classifications. We propose the following new rates:

Classification Permanent Casual
Labourer $23.05 $28.81

For the purpose of satisfying the BOOT, the Company gives an undertaking to give effect to the above wage rates in lieu of those prescribed in the variation to the Enterprise Agreement 2016. This proposed rate will exceed under all awards.

Furthermore, for assurance of the Commission, we give an undertaking that we will perform a BOOT, at the end of the financial year, for personnel employed in abovementioned classifications and will remunerate them accordingly, should their BOOT fail.”

[3] I note that Ms McFarlane, an employee representative, was copied into the email that provided the undertakings and had indicated her approval of the undertakings to Ms Franklin of Cowell Electric.

[4] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment B.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Attachment A.

[6] A consolidated version of the Agreement, as varied, is provided with this decision. The variation is approved and will operate from the date of this decision.

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ATTACHMENT A (11 pages)

ATTACHMENT B (5 pages)