Proper Preparation OHS & Training Specialists T/A Sitetrain

[2016] FWC 3612

[2016] FWC 3612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Proper Preparation OHS & Training Specialists T/A Sitetrain
(AG2016/3230)

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 JUNE 2016

Application for variation of the Proper Preparation OHS & Training Specialists Enterprise Agreement - agreement not varied - application dismissed.

[1] On 18 May 2016, Proper Preparation OHS & Training Specialists T/A Sitetrain applied under s.210 of the Fair Work Act 2009 (Cth) (the Act) for the Fair Work Commission to approve a variation of the Proper Preparation OHS & Training Specialists Enterprise Agreement 1 (the Agreement).

[2] The proposed variation seeks to, inter alia, expand the scope of the Agreement so as to apply to any and all casual employees of the applicant, without further delineating between their duties or roles. It also seeks to replace the table of wages in cl 8.1 and implement a variable hourly rate between $20.00 to $100.00, without reference as to when or how this rate is to be determined. All the employees under the Agreement are employed as casuals. No penalty rates, shift loadings, allowances, overtime rates, etc. are payable under the Agreement.

[3] I cannot be satisfied that the Agreement as varied would pass the better off overall test. I do not consider that this shortcoming could be remedied via undertakings.

[4] Accordingly, I cannot approve the proposed variation. The application is dismissed.

SENIOR DEPUTY PRESIDENT

Appearances:

H Palazzi for Proper Preparation OHS & Training Specialists T/A Sitetrain.

Hearing details:

Sydney.

2016.

June 1.

 1   AE896385.

Printed by authority of the Commonwealth Government Printer

<Price code A, AE896385  PR581159 >