Piotto Bros Cement Flooring Pty Ltd

[2017] FWCA 3833

[2017] FWCA 3833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Piotto Bros Cement Flooring Pty Ltd
(AG2017/2715)

PIOTTO BROS CEMENT FLOORING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 JULY 2017

Application for variation of the Piotto Bros Cement Flooring Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of an enterprise agreement known as the Piotto Bros Cement Flooring Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Piotto Bros Cement Flooring Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by:

● Deleting clause 2.2.3 and the consequential renumbering;
● Replacing the words in clause 2.4.6 “Building Code 2013 (or any replacement)” with “Code for the Tendering and Performance of Building Work 2016”;
● Inserting into clause 5.2.3 a third bullet point with the sentence “This clause operates subject to 5.2.8”;
● Inserting into clause 5.2.4 a fourth bullet point with the sentence “This clause operates subject to 5.2.8”;
● Deleting the word in clause 5.2.7 “Union”;
● Inserting into clause 5.2.7 the sentence “This clause operates subject to 5.2.8”;
● Inserting clause 5.2.8 which reads “Nothing in this clause prevents the Company and a majority of affected employees to vary the day (or days) on which RDOs or PDOs (including the additional PDO) may be taken.”
● Inserting into clause 5.7.1 the words “for the first two hours and double time after that”.

[3] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 20 July 2017. The nominal expiry date of the Agreement remains as 21 June 2019.

[5] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

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