S & S Plasterboard Contractors Pty Ltd

[2019] FWCA 4138

[2019] FWCA 4138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & S Plasterboard Contractors Pty Ltd
(AG2019/1047)

S & S PLASTERBOARD CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 JUNE 2019

Application for approval of the S & S Plasterboard Contractors Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the S & S Plasterboard Contractors Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by S & S Plasterboard Contractors Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 May 2019.

[3] On 6 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 June 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a revised National Employment Standards (NES) precedence clause.

•  The definition of full-time and part-time employees has been varied so as to comply with s.62 of the Act.

•  Clause 7.5.2.1 of the Agreement has been varied such that employees who work 10 hours or more on any day will be entitled to a meal allowance.

•  The base rate of pay for a Daily Hire Entry Level Labourer has been increased to $22.10 per hour and will be subject to increase in accordance with clause 2.1.2 of schedule 1.

[5] No bargaining representatives were appointed.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 17 June 2023.

COMMISSIONER

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