Munt Family Trust t/a Ralcrest Pty Ltd
[2015] FWCA 4540
•6 JULY 2015
| [2015] FWCA 4540 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Munt Family Trust t/a Ralcrest Pty Ltd
(AG2015/3685)
RALCREST PTY LTD SINGLE ENTERPRISE AGREEMENT 2012
Electrical contracting industry | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 6 JULY 2015 |
Application for variation of the Ralcrest Pty Ltd Single Enterprise Agreement 2012.
[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by the Munt Family Trust t/a Ralcrest Pty Ltd for the approval of a variation to the Ralcrest Pty Ltd Single Enterprise Agreement 2012 (“the Agreement”).
[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.
[3] The Agreement is varied as follows:
A. By replacing clause 3.2 as below:
Date and Period of Operation
In accordance with section 54 of the Act, this Agreement shall come into operation seven days following receipt of a notice issued by Fair Work Australia. The nominal expiry date for this Agreement is 30 June 2016.
This Agreement will continue to operate beyond its nominal expiry date until it is replaced or terminated by law.
B. By adding two additional wages tables at the end of Schedule B, as below:
Applicable rates from - 1st October 2015
Grade | Hourly Rate | F & T (0-50km) | F & T (51-100km) |
Labourer | $22.09 | $33.00 | $66.00 |
Tradesman Assistant | $36.98 | $33.00 | $66.00 |
Electrical Tradesman | $41.36 | $33.00 | $66.00 |
Elect. Tradesman | $43.25 | $33.00 | $66.00 |
Elect. Supervisor/LH | $45.54 | $33.00 | $66.00 |
Apprentices
Trainee 1st Year | $16.12 | $23.10 | $46.20 |
Trainee 2nd Year | $22.13 | $25.57 | $51.14 |
Trainee 3rd Year | $30.24 | $28.87 | $57.74 |
Trainee 4th Year | $36.26 | $31.35 | $62.70 |
Applicable rates from - 1st April 2016
Grade | Hourly Rate | F & T (0-50km) | F & T (51-100km) |
Labourer | $22.53 | $33.00 | $66.00 |
Tradesman Assistant | $37.72 | $33.00 | $66.00 |
Electrical Tradesman | $42.19 | $33.00 | $66.00 |
Elect. Tradesman | $44.11 | $33.00 | $66.00 |
Elect. Supervisor/LH | $46.45 | $33.0 | $66.00 |
Apprentices
Trainee 1st Year | $16.44 | $23.10 | $46.20 |
Trainee 2nd Year | $22.57 | $25.57 | $51.14 |
Trainee 3rd Year | $30.85 | $28.87 | $57.74 |
Trainee 4th Year | $36.99 | $31.35 | $62.70 |
[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.
[5] The variation is approved and will come into operation on 6 July 2015.
[6] A consolidated copy of the Agreement is attached to this decision.
SENIOR DEPUTY PRESIDENT
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