Currumbin Constructions Formwork Pty Ltd

[2019] FWCA 6880

[2019] FWCA 6880

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Currumbin Constructions Formwork Pty Ltd

(AG2019/2893)

Currumbin Constructions Formwork Pty Ltd Collective Agreement 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 4 OCTOBER 2019

Application for approval of the Currumbin Constructions Formwork Pty Ltd Collective Agreement 2019.

1. An application (Form F16) has been filed by Currumbin Constructions Formwork Pty Ltd (the applicant), for the approval of an enterprise agreement known as the Currumbin Constructions Formwork Pty Ltd Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

1. Following issues being raised with the applicant by the Commission, the applicant provided undertakings regarding:

·   Minimum engagement for casual employees;

·   The dispute resolution procedure in the Agreement allows the Commission to settle disputes about any matters arising from the Agreement and in relation to the National Employment Standards (NES);

·   The employer is required to consult with employees regarding changes to regular rosters or ordinary hours of work;

·   New entrant Casual (CW1) employees will be paid meal, tool, industry and special allowance and travel in addition to the Base casual rate;

·   Ordinary hours of work and overtime;

·   Pay rates for work performed on public holidays;

·   New entrant (CW1) employees as well as Truck Drivers to be paid a meal allowances when working 1.5 hours overtime of ordinary hours of work;

·   Shiftworkers to be paid at the rate of double the Award base rate of pay for all hours worked; and

·   The Agreement can be varied by consent of both parties at any time during the currency of the Agreement in accordance with the provisions of the Act.

1. The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

1. Subject to the undertakings and the considerations referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The employee bargaining representative’s views were sought regarding the undertakings proffered by the applicant; however no views were received by the Commission.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

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