North West Reinforcing Pty Ltd T/A North West Reinforcing Pty Ltd

[2023] FWCA 1290

[2023] FWCA 1290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

North West Reinforcing Pty Ltd T/A North West Reinforcing Pty Ltd

(AG2023/1050)

NORTH WEST REINFORCING ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 8 MAY 2023

Application for approval of the North West Reinforcing Enterprise Agreement 2023.

1. An application has been made for approval of an enterprise agreement known as the North West Reinforcing Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by North West Reinforcing Pty Ltd T/A North West Reinforcing Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 21 April 2023.

1. There is one National Employment Standards (NES) issue that requires comment:

·   Casual Conversion – Clause 5.16 of the Agreement indicates that a casual employee is entitled to convert where the employee has worked a regular pattern of hours in the last 12 months. Whereas ss.66B and 66F FW Act provides the entitlement to convert where the casual has been employed for 12 months and have in the last 6 months, worked a regular pattern of hours.

1. The NES issue has been resolved by way of undertaking as detailed below.

1. The Applicant has submitted an undertaking in the required form dated 28 April 2023. The undertaking deals with the following topics:

·   The Applicant undertakes that where a casual Employee has been employed for twelve (12) months and has in the last six (6) months, worked a regular pattern of hours then that casual Employee, under the Agreement, will be entitled to convert to full-time or part-time employment.

·   The Applicant undertakes that where an Employee works on a public holiday, then that Employee will be paid two and a half times the rate for all ordinary hours on a public holiday.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 14 May 2027.

COMMISSIONER

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