HDM Group Pty Ltd
[2024] FWCA 2787
•30 JULY 2024
| [2024] FWCA 2787 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
HDM Group Pty Ltd
(AG2024/2378)
HDM GROUP PTY LTD ENTERPRISE AGREEMENT 2024
| Building services | |
| COMMISSIONER ALLISON | MELBOURNE, 30 JULY 2024 |
Application for approval of the HDM Group Pty Ltd Enterprise Agreement 2024
HDM Group Pty Ltd has made an application, under s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the HDM Group Pty Ltd Enterprise Agreement 2024 (the Agreement).
The Agreement is silent in relation to paid crib time, which is provided in clause 18.3 of the Building and Construction General On-site Award 2020 (the Award). The Agreement is also silent in relation to meal allowances when employees work overtime, which is provided in clause 21.2 of the Award. The Employer provided an undertaking which increased the pay rates of all employees under the Agreement to address these issues. I am satisfied that with the increased rates provided by the undertaking, employees will be better off overall under the Agreement.
Schedule E of the Agreement provides additional terms and conditions for employees in Site Uplift scenarios. The rates of pay for adult apprentices in Schedule E were below the Award minimum rates. The Employer provided an undertaking to address this issue.
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.
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.
The Agreement is approved and in accordance with s.54, will operate from 6 August 2024. The nominal expiry date of the Agreement is 30 July 2028.
COMMISSIONER
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Annexure A
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