Flowrite Earthworks and Civil Pty Ltd T/A Flowrite Earthworks and Civil
[2018] FWCA 6103
•1 OCTOBER 2018
| [2018] FWCA 6103 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Flowrite Earthworks and Civil Pty Ltd T/A Flowrite Earthworks and Civil
(AG2018/205)
Flowrite Earthworks and Civil Single Enterprise Agreement 2017
| Building, metal and civil construction industries | |
| Deputy President Gostencnik | MELBOURNE, 1 OCTOBER 2018 |
Application for approval of the Flowrite Earthworks and Civil Single Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Flowrite Earthworks and Civil Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flowrite Earthworks and Civil Pty Ltd T/A Flowrite Earthworks and Civil. The agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied 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.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 1 October 2018 and, in accordance with s.54, will operate from 8 October 2018. The nominal expiry date of the Agreement is 1 October 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE500291 PR700954>
Annexure A
EMPLOYER UNDERTAKING
Fair Work Act 2009
S190
FLOWRITE EARTHWORKS AND CIVIL
SINGLE ENTERPRISE AGREEMENT 2017
AG2018/205
I, Jeff Giebel, Director of Flowrite Earthworks and Civil Pty Ltd of 21-23 Antimony Street, Carole Park, QLD 4218 (The Employer) am authorised to make the following undertakings pursuant to Section 190 of the Fair Work Act 2009 in relation to the FLOWRITE EARTHWORKS AND CIVIL
SINGLE ENTERPRISE AGREEMENT 2017 (AG 2018/2o5 lodged with Fair Work Commission on 23 January 2018.
ABANDONMENT (CLAUSE 7)
The employer will not terminate an employee’s employment unless the employer has given the employee written notice of the day of termination (which cannot be before the day the notice is given).
AGGREGATE RATE (CLAUSE 7)
The deletion of the words “and the annual leave loading” from the definition of “Aggregate hourly rate of pay” in clause 7.
ADULT APPRENTICE RATES
The replacement in Schedule 3 of Clause 1.2 with the following;
“1.2 Subject to the preceding Clause, the minimum wage for adult apprentices are set out below:
Modern Award Classification
Agreement Classification
Modern Award Hourly Rate
Agreement
Hourly Rate
Adults - Four Years
First year
First year
$22.60
$22.70
Second year
Second year
$22.60
$22.70
Third year
Third year
$22.60
$22.70
Fourth year
Fourth year
$22.63
$22.73
Adults - Three Years
First year
First year
$22.60
$22.70
Second year
Second year
$22.60
$22.70
Third year
Third year
$22.63
$22.73
HOURS OF WORK – PART TIME
The replacement of Clause 27.2 with the following provisions
“27.2At the time of engagement, the employer and each part time employee will agree in writing on the number of ordinary hours to be worked per week. Any additional hours worked outside of agreed hours will be paid at overtime rates.”
However the agreed number of ordinary hours per week may be varied by the employer subject to the following:
a) A copy of the agreement and any variation to it will be provided to the employee by the employer
Construction Employees:
b) By written agreement between the employer and the employee specifying at the numbers of hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day;
c) Any changes to a part-time employee’s ordinary hours must be agreed to in writing between the Employer and the Employee.
d) The employer cannot vary the agreed hours without the express agreement and consent of the employee.
Clerical Employees:
e) Changes in hours may only be made by agreement in writing between the employer and employee.
f) Changes in days can be made by the employer giving one week’s notice in advance of the changed hours.”
TOOLBOX MEETINGS
The replacement of Clause 49 .3 with the following:
(a) The employer shall ensure that tool box meetings are conducted to ensure proper and effective communication. These meetings are an opportunity for discussing work progress, improvements, problems and issues of concern. They are not a substitute; nor may they be used for disciplinary purposes. The employer will provide wherever possible, a written agenda in advance. Attendance by all employees (unless on leave) is compulsory
(b) Employees who are required to return to work outside their rostered shifts, report to work prior to rostered shifts, remain at work following rostered shifts, or report to work outside of rostered shifts will be paid the relevant overtime rates.
TRAINING COSTS
The replacement of the words “(for whatsoever reason)” in Clause 54.5 with the words “for reasons relating to misconduct)”.
CLAUSE 61.9
The employer will not rely on this Clause and will regard it as deleted.
BITUMEN WORK
The replacement in Schedule 2 of Clause 4(c) with the following:
“An employee handling hot bitumen or asphalt or dipping materials in creosote, must be paid an additional 85 cents per hour whilst so engaged.”CLOTHING
The replacement in Schedule 2 of Clause 5(b)(iii) with the following:
“Employees must supply (at the employee's cost) their own safety footwear that meets the relevant Australian Standards for the role performed.
However, where employees are required either by the employer or by legislation to wear steel toe capped safety boots the employer will reimburse employees for the cost of purchasing such boots on commencement of work. Subject to fair wear and tear, boots will be replaced each six months’ if required and sooner if agreed.”
ANNUAL LEAVE LOADING
The replacement of Clause 38 with the following:
“Annual Leave loading will be paid to all eligible employees at the rate of 17.5% of four week’s ordinary rate of pay or 17.5% calculated on the following rates, loadings and allowances if such rates, loadings and allowances would have been received by the employee for working ordinary time hours had the employee not been on annual leave, whichever is the greater.”
PENALTY RATES
The insertion in Schedule 2 of a new Clause 2(f) and (g) with the following narrative:
(f)A casual employee required to work overtime or weekend work will be entitled to the relevant penalty rates provided that:
i.where the relevant penalty rate is time and a half, the employee must be paid 175% of the ordinary time hourly rate prescribed for the employee’s classification; and
ii.where the relevant penalty rate is double time, the employee must be paid 225% of the ordinary time hourly rate prescribed for the employee’s classification.
(g)A casual employee required to work on a public holiday prescribed by the NES must be paid 275% of the ordinary time hourly rate prescribed for the employee’s classification.
DAILY FARE ALLOWANCE
The insertion in Schedule 2 of a Clause 4(g) of the following:
(g) Daily Fare Allowance
“An employee engaged on a job and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) must be paid an allowance of $17.43 per day”.
BARGAINING REPRESENTATIVES
I have sought the views of the Bargaining Representatives in regard to the proposed undertakings and have been informed that they have no opposition to the undertakings as it ensures compliance with the legislative requirements.
17 September 2018
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