SAE Trading Pty Ltd T/A SA Earthworks

[2020] FWCA 3282

[2020] FWCA 3282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SAE Trading Pty Ltd T/A SA Earthworks
(AG2020/1615)

SA EARTHWORKS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 23 JUNE 2020

Application for approval of the SA Earthworks Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SA Earthworks Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SAE Trading Pty Ltd T/A SA Earthworks (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 June 2020.

[3] On 19 June 2020, 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 19 June 2020. The undertaking deals with the following topics:

•  An employee who takes annual leave who would have worked shiftwork had they not been on leave, will be entitled to the applicable shift loading prescribed by clause 7.4 of the Agreement, or the 17. 5% loading prescribed by clause 11.1.7 of the Agreement, whichever is the greater.

•  Where an employee is required to commence work at the Applicant’s depot instead of at a construction site, the employee will be paid the Fares Allowance. In the event that the Building and Construction General On-Site Award 2010 (the Award) is amended such that the daily fares and travel patterns allowance is not payable in these circumstances, the Applicant will have no obligation to pay the allowance.

•  Employees will not be required to carry fuels, oils or greases in their own vehicle, or undertake wet work, dirty work, bitumen work, pile driving duties or laser safety officer duties, as defined in the Award.

[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 after the date of approval of the Agreement. The nominal expiry date is 22 June 2024.

COMMISSIONER

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