Ground Hog Earthmoving (Aus) Pty Ltd T/A Ground Hog Earthmoving

[2014] FWCA 4298

[2014] FWCA 4298

FAIR WORK COMMISSION

DECISION

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

Ground Hog Earthmoving (Aus) Pty Ltd T/A Ground Hog Earthmoving
(AG2014/6462)

GROUND HOG ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 2 JULY 2014

Application for approval of the Ground Hog Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ground Hog Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ground Hog Earthmoving (Aus) Pty Ltd T/A Ground Hog Earthmoving. 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:

“Ground Hog Earthmoving (Aust) Pty Ltd provides the following undertakings in relation to the proposed agreement:

A. Clause 15 - Additional week’s annual leave for shift workers

The intention of Clause 15 is to provide an additional week’s annual leave to shift workers in the meaning of Clause 15.4 and who are working a roster where shifts are continuously rostered across 24 hours a day for 7 days a week, for each full year where they work such a roster or pro rata for part thereof.

B. Clauses 30 & 37 Payments made to the Building Industry Redundancy Scheme Trust

The intention of the Agreement in relation Redundancy payments is for a weekly contribution to be paid on behalf of the employee into the Building Industry Redundancy Scheme Trust (BIRST Scheme) or equivalent scheme. In the event that an employee is made redundant under this agreement they will be receive redundancy payments not less than that prescribed under the relevant award listed in Clause 1.3, applicable to their classification inclusive of net contributions made on their behalf to the BIRST Scheme.” (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 10 July 2014. The nominal expiry date of the Agreement is 9 July 2018.

SENIOR DEPUTY PRESIDENT

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