CRS Painters & Decorators Pty Ltd

[2015] FWCA 3923

[2015] FWCA 3923

FAIR WORK COMMISSION

DECISION

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

CRS Painters & Decorators Pty Ltd
(AG2015/1068)

CRS PAINTERS & DECORATORS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 JUNE 2015

Application for approval of the CRS Painters & Decorators Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CRS Painters & Decorators 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 CRS Painters & Decorator Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

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

“An employee shall not be required to work on a Saturday or Sunday unless an employee has worked 20 hours of normal time during the days Monday to Friday in the preceding week:

In accordance with Clause 16.1(b) of the Agreement any alternative arrangement will be no less beneficial to the employees than the rates provided in clause 24.3 and 24.7 of the Building & Construction General On-Site Award 2010, being:

$65.06 per day wear no meals and accommodation provided.

$13.95 per meal where accommodation but no meal is provided.” (sic)

[4] 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 A.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2015. The nominal expiry date of the Agreement is 19 June 2019.

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