Kolen Carpentry Pty Ltd

[2014] FWCA 4573

[2014] FWCA 4573

FAIR WORK COMMISSION

DECISION

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

Kolen Carpentry Pty Ltd
(AG2014/1560)

KOLEN CARPENTRY PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 JULY 2014

Application for approval of the Kolen Carpentry Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Kolen Carpentry Pty Ltd 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 Kolen Carpentry Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“That the terms of the Employer’s procedures manual will be followed in relation to Inclement Weather. Where the weather conditions are considered inclement, meaning that it is unsafe to continue work, alternative work that can safely be performed will be found for the employees involved, either at the same site or an alternative site. Such alternative work will be allocated to each employee with no loss of pay.

The Employer occasionally performs distant work (i.e. work outside the Adelaide metropolitan area). In these circumstances employees are provided with all transport, accommodation and meals at no cost to the employee.”

[3] 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 1.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE408996  PR552905>