Patrick Torrens Painting Contractors Pty Ltd T/A PTPC
[2014] FWCA 5823
•22 AUGUST 2014
| [2014] FWCA 5823 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Patrick Torrens Painting Contractors Pty Ltd T/A PTPC
(AG2014/6708)
PATRICK TORRENS PAINTING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2014
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 22 AUGUST 2014 |
Application for approval of the Patrick Torrens Painting Contractors Pty Ltd Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Patrick Torrens Painting Contractors Pty Ltd 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 Patrick Torrens Painting Contractors Pty Ltd T/A PTPC. The Agreement is a single-enterprise agreement.
[2] An undertaking has been provided in the following terms:
“1. If an employee works more than 18 broken shifts in a three month period, the Company will compare the employee’s wages earned over this period with any award entitlement and pay the employee any shortfall.
2. If an employee works continuous shiftwork for a period in excess of four weeks, or for more than three months in any 12 calendar month period, the shift loading will be 1.3 instead of 1.2 for shift hours worked in excess of those limits.”
[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 A.
[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 30 August 2014. The nominal expiry date of the Agreement is 29 August 2018.
SENIOR DEPUTY PRESIDENT
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