RCR Energy Pty Ltd

[2016] FWCA 6943

[2016] FWCA 6943

FAIR WORK COMMISSION

DECISION

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

RCR Energy Pty Ltd
(AG2016/5174)

RCR ENERGY PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 SEPTEMBER 2016

Application for variation of the RCR Energy Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the RCR Energy Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by RCR Energy Pty Ltd.

[2] The Agreement shall be varied as follows:

1. By inserting the following Clause 14.8.

          14.8 Casual employees shall be paid the relevant penalty rates prescribed by Clause 14.7 provided that;

a. where the relevant penalty rate is time and a half, the employee must be paid 150% of the equivalent full-time hourly rate prescribed for the employee’s classification; and

b. where the relevant penalty rate is double time, the employee must be paid 200% of the equivalent full-time hourly rate prescribed for the employee’s classification.

2. By deleting Clause 16.1 and inserting the following:

16.1 It is the Company’s intention to offer fulltime employment wherever reasonably possible and practical. It is also recognized that there will be an ongoing need to employ casual employees for the purposes of maintaining service, program requirements and efficiency of work. Casuals will be paid at the relevant classification rate in this Agreement plus a fixed loading of 25% in lieu of the entitlement normally associated with fulltime employment.

A casual employee will receive the 25% loading only on ordinary hours worked, with overtime paid on the equivalent base fulltime rate.

[3] The variation to the Agreement is approved and will come into operation from 27 September 2016.

[4] The signed variation and consolidated Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

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