New Form Concrete Pty Ltd

[2015] FWCA 1010

[2015] FWCA 1010

FAIR WORK COMMISSION

DECISION

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

New Form Concrete Pty Ltd
(AG2014/10901)

NEW FORM CONCRETE PTY LTD CASUAL EMPLOYEES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 FEBRUARY 2015

Application for approval of the New Form Concrete Pty Ltd Casual Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the New Form Concrete Pty Ltd Casual Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Form Concrete Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. Reference in Clause 18.2 of the Agreement to the taking of unpaid carer’s leave, refers to each occasion on which a spouse, child, parent, sibling grandparent, grandchild or member of the employees household is sick and gravely ill and requires care by the employee.

2. At the completion of each financial year, employees who have worked more than 1,842 hours, will be compensated at the applicable award rate, at the adult casual rate inclusive of loading at the ordinary time rate, for all hours worked in excess of 1,842.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2015. The nominal expiry date of the Agreement is 12 February 2019.

SENIOR DEPUTY PRESIDENT

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