Greenspace Homes Pty Ltd T/A Greenspace Homes

[2014] FWCA 1670

[2014] FWCA 1670

The attached document replaces the document previously issued with the above code on 13 March 2014.

The document has been amended to correct the reference to the year of the agreement from “2013” to “2014” as listed in the heading of the decision.

Naomi Snyder

Associate to COMMISSIONER WILSON

Dated 13 March 2014

[2014] FWCA 1670

FAIR WORK COMMISSION

DECISION

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

Greenspace Homes Pty Ltd T/A Greenspace Homes
(AG2014/3472)

GREENSPACE HOMES ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 13 MARCH 2014

Greenspace Homes Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Greenspace Homes Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenspace Homes Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] Clause 10.2 of the Agreement provides that the ordinary hours of work for employees is up to a maximum of 38 hours per week plus reasonable additional overtime. Clause 11.4.1 of the Agreement provides that employees may work up to 55 hours per week, payable at the ordinary rate of pay. The ordinary rate of pay, contained in Appendix A to the Agreement, compensates employees for work in excess of 38 hours ordinary time per week, taking into account overtime payments they would otherwise receive in the event the employee worked a 55 hour week. The Applicant acknowledges its responsibilities under the National Employment Standards in respect of reasonable hours and have advised that it would be very unlikely (and only in the rarest circumstances) that any employee would be requested to work up to 55 hours per week. On the basis of the assurances provide, I am satisfied that the Agreement does not contravene the National Employment Standards.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2014. The nominal expiry date of the Agreement is 20 March 2018.

COMMISSIONER

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ANNEXURE A