John Dawson Electrical Pty Ltd T/A John Dawson Electrical

[2015] FWCA 7158

[2015] FWCA 7158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

John Dawson Electrical Pty Ltd T/A John Dawson Electrical
(AG2015/5857)

JOHN DAWSON ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 OCTOBER 2015

Application for variation of the John Dawson Electrical Pty Ltd Enterprise Agreement 2014-2018.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by John Dawson Electrical Pty Ltd T/A John Dawson Electrical for the approval of a variation to the John Dawson Electrical Pty Ltd Enterprise Agreement 2014-2018 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

A. At clause 6, by inserting a new sub clause 6.1.15 after sub clause 6.1.14, as follows:

“6.1.15 Cashing Out of Annual Leave

Annual leave may be cashed out by agreement between the Company and Employee, subject to the following conditions:

• Each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the Company and the Employee;



• An employee must not cash out so much annual leave so as to leave the employee with less than 4 weeks of accumulated annual leave;



• The Company must agree to the employee cashing out their annual leave;



• Once an employee cashes out the leave, entitlement to such leave is lost.




This clause does not apply to casual employees.”

[4] The variation is approved and will come into operation on 20 October 2015.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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