SA Precast Pty Ltd

[2019] FWCA 8017

[2019] FWCA 8017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SA Precast Pty Ltd
(AG2019/4070)

SA PRECAST PTY LTD ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER PLATT	ADELAIDE, 25 NOVEMBER 2019

Application for approval of the SA Precast Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SA Precast Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SA Precast Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 November 2019.

[3] On 19 November 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 through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 November 2019. The undertaking deals with the following topics:

•  The reference to industrial action in clause 1.6 of the Agreement does not extend to lawful industrial action taken by employees under the Act.

•  The reference to twenty days annual leave in clause 13.2 of the Agreement will be taken to be four weeks.

•  An ordinary employee, other than a casual employee, will be paid for ordinary hours they miss due to a public holiday.

•  The entitlement to compassionate leave extends to the applicable circumstances relating to a de facto partner or sibling of the employee or a child, parent, grandparent, grandchild, or sibling of a spouse or de facto partner.

•  Part time employees will be paid overtime for hours worked in excess of their agreed hours of work.

•  Where a level 1, 2, 3 or 4 employee works in excess of ten days’ broken shift work in a four week period, the Applicant will ensure that the employee’s total gross earnings for that four week period is more than what the employee would have been entitled to under the Concrete Products Award 2010 (the Award). If the employee’s earnings for that period are not more than what they would have been entitled to under the Award, the Applicant will adjust the employee’s total gross earnings for that period to equal the total gross earnings that would otherwise be payable to the employee under the Award, plus $1.00.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[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] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] 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.

[9] 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 24 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506222  PR714582>