More Than OK Building Pty Ltd

[2015] FWCA 5524

[2015] FWCA 5524

FAIR WORK COMMISSION

DECISION

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

More Than OK Building Pty Ltd
(AG2015/3293)

MORE THAN OK BUILDING PTY. LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 AUGUST 2015

Application for variation of the More Than OK Building Pty. Ltd Enterprise Agreement 2014 - 2018.

A. An application has been made for approval of a variation of the More Than OK Building Pty Ltd Enterprise Agreement 2014 – 2018. The application was made pursuant to s.210 of the Fair work Act 2009 (the Act) by More Than OK Building Pty Ltd.

B. The agreement shall be varied as follows:

1. By inserting a new clause 5.6 Over-Agreement Payments as follows:

5.6 Over-Agreement Payments

5.6.1. The Company may enter into an arrangement with an Employee to pay that Employee remuneration in excess of that provided in Appendix 2 of this Agreement. Additional remuneration may be paid by way of a higher rate than the rate specified for the Employee’s classification in the relevant Table in Appendix 2 of this Agreement.

5.6.2 Where remuneration is paid by way of a higher hourly rate, the new rate shall become the hourly rate for all purposes of this Agreement, including for the calculation of long service payments by the Long Service Corporation.

5.6.3 An hourly rate in excess of the wage rates set out in the relevant Table in Appendix 2 of this Agreement may be subject to review based on Employee performance, project progress, or other criterion. Payment of the amount of the higher hourly rate may be discontinued in circumstances where an Employee’s performance is assessed as unsatisfactory. Alternatively, the amount of excess may be offset against any later increases in the hourly rates prescribed in the relevant Table in Appendix 2 of this Agreement.

C. The variation to the Agreement is approved and will operate from the date of this decision.

D. A consolidated version of the Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

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