Mr Irving Warren

[2019] FWCA 6771

[2019] FWCA 6771

FAIR WORK COMMISSION

DECISION

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

Mr Irving Warren
(AG2019/2812)

ALL DISTRICTS COATING ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 1 OCTOBER 2019

Application for approval of the All Districts Coating Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Mr Irving Warren, a bargaining representative appointed by the employer All Districts Coating (NSW) Pty Ltd (the applicant), for the approval of an enterprise agreement known as the All Districts Coating Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided a number of undertakings regarding:

•  Non-application of clause 32.2 of the Agreement regarding calculation of ordinary time earnings for the Superannuation Guarantee (Administration) Act 1992;

•  Pay rates for employees and apprentices;

•  Shift loading for ‘early afternoon shift’ worked by an employee; and

•  Reviews of terms of the Agreement required by Appendix B clause 13.2 (now renumbered as 3.2) to be undertaken every six months.

[3] The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] I note that pursuant to clause 6.1 of the Agreement, and written advice provided by the employer to the Commission, the Agreement incorporates the Building and Construction General On-Site Award 2010 (the Award) and that the National Employment Standards (NES) apply.

[5] I also note that the All Districts Coating Allowance is paid for all hours worked as advised by the employer in written advice as well as the pay rates contained in Appendix B to the undertakings provided.

[6] Subject to the undertakings and the considerations referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

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