Fusco Homes Pty Ltd T/A Fusco Homes / Fusco Plumbing Service

[2019] FWCA 5127

[2019] FWCA 5127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fusco Homes Pty Ltd T/A Fusco Homes / Fusco Plumbing Service
(AG2019/1206)

FUSCO ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 23 JULY 2019

Application for approval of the FUSCO ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the FUSCO ENTERPRISE AGREEMENT 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fusco Homes Pty Ltd T/A Fusco Homes / Fusco Plumbing Service. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 May 2019.

[3] On 31 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 11 July 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Clause 38 of the Agreement will operate subject to the NES.

•  Where an employee works overtime on a Saturday, the shift will be a minimum of three hours.

•  The Applicant has replaced the rates of pay tables in Schedule 1 of the Agreement.

•  The Applicant undertakes that all employees will receive first aid allowance, meal allowance, multistorey allowance and crib time in accordance with Plumbing and Fire Sprinkler Award 2010 (the Plumbing Award).

•  Shift penalties will apply for shifts commencing at or after 10:00am and before 8:00pm as prescribed by the Building and Construction General On – site Award 2010 (the Building and Construction Award).

•  Overtime for shift workers will paid in accordance with the Building and Construction Award.

•  Annual leave loading will be paid at a rate of 17.5%.

•  All employees will be entitled to receive accident pay in accordance with the Building and Construction Award.

•  All apprentice training fees for prescribed course and the cost of prescribed textbooks shall be reimbursed by the Applicant provided receipts are furnished to the Applicant by the employee.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 29 July 2022.

COMMISSIONER

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