Laing O'Rourke Australia Construction Pty Ltd

[2013] FWCA 6976

[2013] FWCA 6976

FAIR WORK COMMISSION

DECISION

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

Laing O'Rourke Australia Construction Pty Ltd
(AG2013/2715)

LAING O'ROURKE SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 13 SEPTEMBER 2013

Application for variation of the Laing O'Rourke Services Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a variation to an agreement known as the Laing O’Rourke Services Enterprise Agreement 2013-2016. The application has been made pursuant to section 210 of the Fair Work Act 2009 (the Act) and was made by Laing O’Rourke Australia Construction Pty Ltd t/as Laing O’Rourke Services.

[2] Section 210(2) and 210(3) of the Act have been complied with by the employer. The CFMEU Northern Mining & NSW Energy District filed a Declaration of Employee Organisation in Support of Application for Approval of Variation of Enterprise Agreement.

[3] The reason for the application to vary arose out of an administrative error in the drafting of clause 3.4.2(a) and Appendix E.

[4] The variations to the existing Agreement are set out below:

Clause 3.4.2(a) Payment of Overtime

3.4.2 Payment of Overtime

All time worked in excess of the nominated work cycle hours or outside of the span of ordinary hours of work shall be paid as overtime at the following rates;

(a) Monday to Saturday at the rate of time and half for the first two (2) hours and double time thereafter.

(b) All time worked on Sunday shall be paid at double time.

(c) All overtime worked by shift workers will be paid at the rate of double time.

Appendix E Part Time Employees Special Colliery Operations Clause 4(c)(i) & (iii) Hours of Work - Cooranbong

(i) Work performed by part time continuous shift workers on Saturdays shall be paid for at the rate of ordinary time and one half for the first two (2) hours and double ordinary time thereafter.

(iii) work performed by part time continuous shift workers on a Monday shall be paid for at the rate of ordinary time for first eight hours then at the overtime rates of ordinary time and one half for the first two (2) hours and double ordinary time thereafter.

[5] In accordance with section 216 of the Act, this variation operates on and from 13 September 2013.

COMMISSIONER

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