Melchor Electrical Pty Ltd T/A Melchor Commercial

[2019] FWCA 3416

[2019] FWCA 3416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melchor Electrical Pty Ltd T/A Melchor Commercial
(AG2018/6384)

MELCHOR ELECTRICAL PTY LTD T/A MELCHOR COMMERCIAL - HYDRAULIC SERVICES AGREEMENT 2018

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 16 MAY 2019

Application for approval of the Melchor Electrical Pty Ltd t/a Melchor Commercial - Hydraulic Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melchor Electrical Pty Ltd t/a Melchor Commercial - Hydraulic Services Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Melchor Electrical Pty Ltd T/A Melchor Commercial. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 March 2019.

[3] On 15 April, 10 and 15 May 2019, I conducted conferences with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 May 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Despite clause 8 of the Agreement, casual employees will be engaged for a minimum of 3 hours.

•  Employees who work on public holidays will be paid a loading of 150%.

•  A minimum engagement of 3 hours will apply to Saturday work and 4 hours to Sunday and public holiday work.

•  Overtime worked on a Saturdays will be subject to a loading of 50% for the first two hours and 100% thereafter, provided that all overtime after 12:00pm on Saturday and at any time on Sunday will be paid a loading of 100%.

•  The time off in lieu (TOIL) provisions in clause 33.7 of the Plumbers and Fire Sprinklers Award 2010 (the Award) will apply.

•  The undertaking provides penalty rates for shift workers in certain circumstances, and meal and rest breaks.

•  The undertaking provides rates for ordinary work performed on Saturdays and Sundays.

•  The provision in clause 19.3 of the Agreement has been amended to provide for notice of termination in accordance with the NES.

•  Employees who are required to attend training in overtime will be paid the rates provided in clause 10.2(e) of the Agreement.

•  Apprentices will be paid 5% above the Award rates.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 16 May 2023.

COMMISSIONER

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