Cowell Electric Supply Pty Ltd

[2015] FWCA 4236

[2015] FWCA 4236

FAIR WORK COMMISSION

DECISION

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

Cowell Electric Supply Pty Ltd
(AG2015/1330)

COWELL ELECTRIC SUPPLY PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Cowell Electric Supply Pty Ltd 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 Cowell Electric Supply Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“[1] The hours of work prescribed within Clause 4.1 of the Agreement are stipulated for the purpose of providing a spread of hours between 6:00am and 6:00pm, to allow for flexibility to manage inclement weather situations during season changes. The employees of the Company regularly work 7.6 ordinary hours per day plus reasonable additional hours, which regularly consists of 2.4 hours (10 hours total per day) within the spread of hours. There may be occasions, due to unforeseen circumstances, where employees are required to work in excess of these hours however this would be considered extremely uncommon.

[2] With respect to your query raised in paragraph 4 of the Preliminary Findings, the current default superannuation fund of the Company is AMP SuperLeader Fund which is a fund that offers a “MySuper” product. In the event that the Company decides to utilize a different fund we will ensure that it is a fund which offers a “MySuper” product in accordance with the legislative requirements.

[3] There are currently no employees’ working at the Company that would be considered shift workers for the purpose of the additional week of annual leave under the National Employment Standards. The Company does not envisage that employees would be rostered on hours that would be considered to be shift work under the relevant award and furthermore clause 4.1.2 of the Agreement would prevent an employee from being defined as a shift worker.

For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shift worker who is regularly rostered to work on Sundays and public holidays.

For avoidance of doubt, if it was deemed that an employee was working hours considered to be “shift work” under the relevant Award an additional week of annual leave will apply to the individual if he/she is a seven day shift worker who is regularly rostered to work on Sundays and public holidays.”

[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 1.

[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 2 July 2015. The nominal expiry date of the Agreement is 23 June 2019.

SENIOR DEPUTY PRESIDENT

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