Guidera O’Connor Pty Ltd
[2022] FWCA 2237
•6 JULY 2022
| [2022] FWCA 2237 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Guidera O’Connor Pty Ltd
(AG2022/2013)
GUIDERA O'CONNOR PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2022 - EASTERN STATES
| Building, metal, and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 6 JULY 2022 |
Application for approval of the Guidera O'Connor Pty Ltd Employee Enterprise Agreement 2022 - Eastern States
Guidera O'Connor Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Guidera O'Connor Pty Ltd Employee Enterprise Agreement 2022 - Eastern States (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement
Sections 186, 187, 188 and 190
Subject to the undertakings 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.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2022. The nominal expiry date of the Agreement is 6 July 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516553 PR743384>
Annexure A
IN THE FAIR WORK COMMISSION
Matter No.: AG2022/2013
Applicant: Guidera O'Connor Pty Ltd
Section 185 — Application for approval of a single enterprise agreement
Undertaking - Section 190
l, Steve Mattiazzo, HR Manager, for Guidera O'Connor Pty Ltd, give the following undertakings in respect to the Guidera O'Connor Pty Ltd Employee Enterprise Agreement 2022 — Eastern States
("the Agreement' )
I have the authority given to me by Guidera O'Connor Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission.
Issue 1: Expiry Date: Clause 1.4.2 will be taken to be amended to read:
This Agreement will commence seven (7) days after it is approved by the FWC. This Agreement will have a nominal expiry date being four (4) years from the date of the FWC approval of the Agreement. This Agreement will continue to apply after its nominal expiry date until it is varied, replaced or terminated in accordance with the Act.
Issue 2: Definition of Shiftworker: Clause 8.1.2 will be taken to be amended to read:
A continuous shiftworker will be entitled to an additional one (1 ) week's paid annual leave per completed year of service. For the purpose of this sub-clause, a 'continuous shiftworker' means an Employee who is regularly engaged to work on a system of continuous shifts throughout the 24 hours of at least six (6) consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Company) and who is regularly rostered to work those shifts. For the purpose of the additional week of leave provided by the NES, a shiftworker means a continuous shiftworker as defined in this sub-clause.
These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission
Signature
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