Mossop Group Pty Ltd T/A Mossop Construction + Interiors

[2019] FWCA 8602

[2019] FWCA 8602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mossop Group Pty Ltd T/A Mossop Construction + Interiors
(AG2019/4660)

MOSSOP GROUP PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 DECEMBER 2019

Application for approval of the Mossop Group Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mossop Group Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mossop Group Pty Ltd T/A Mossop Construction + Interiors. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 December 2019.

[3] On 18 December 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 18 December 2019. The undertaking deals with the following topics:

•  The Company and an employee may agree to substitute another day (or part-day) for a day (or part-day) that would otherwise be a public holiday under the NES. The prescriptions of this clause will apply to the substituted day (or part-day).

•  The Agreement will not cover weekly hire employees, any reference to ‘Daily and Weekly hire employees’ in clauses 11.3.1 and 11.4.1 of the Agreement is replaced with ‘Daily hire employees’.

•  Ordinary hours of work under the Agreement will not exceed 8 hours per day.

•  Employees who are required by the Applicant to attend training outside ordinary hours will be paid the applicable overtime rate.

[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] 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.

[8] 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 19 December 2023.

COMMISSIONER

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