SA Formwork Pty Ltd
[2017] FWCA 4620
•5 SEPTEMBER 2017
| [2017] FWCA 4620 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
SA Formwork Pty Ltd
(AG2017/1235)
SA Formwork Pty Ltd Enterprise Agreement 2017
| Building, metal and civil construction industries | |
| Commissioner Gregory | MELBOURNE, 5 SEPTEMBER 2017 |
Application for approval of the SA Formwork Pty Ltd Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the SA Formwork Pty Ltd Enterprise Agreement 2017 (“the Agreement”). It is made under s.185 of the Fair Work Act 2009 (Cth) (the Act) by SA Formwork Pty Ltd (“SA Formwork”). It is a single enterprise Agreement.
It is noted that the Agreement acts to incorporate the model flexibility term contained in Schedule 2.2 of the Fair Work Act Regulations, but it also indicates that the matters that might then be dealt with in any individual flexibility agreement are those contained in “Parts 3 – 9 (inclusive) of this Agreement. This provision is, of course, subject to the conditions set out in the model term and the relevant provisions contained in the Fair Work Act.
It is also noted that the Agreement does not provide for additional shift allowances for any early morning or afternoon shifts. However, the rates of pay provided for in the Agreement are between 24% and 44% above the comparable rates contained in the underlying Building and Construction General On-Site Award 2010 and I am satisfied that the employees are accordingly “better off overall” under the terms of the Agreement.
The Applicant has also provided written undertakings concerning the definition of shift work and the provisions to apply to part-time employees. A copy of those undertakings is attached in Annexure A. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement.
I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act will operate from 12 September 2017. The nominal expiry date of the Agreement is 11 September 2021.
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Annexure A
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