Savcor Pty Ltd T/A Savcor

[2014] FWCA 2657

[2014] FWCA 2657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Savcor Pty Ltd T/A Savcor
(AG2014/4053)

SAVCOR OLYMPIC DAM OPERATIONS ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 APRIL 2014

Application for approval of the Savcor Olympic Dam Operations Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Savcor Olympic Dam Operations Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Savcor Pty Ltd T/A Savcor. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“....

2. Clause 9 - the concept has been taken from clause 11 “Daily hire” Building and Construction General Award 2010. Reference to the Fair Work Act 2009 (FWA) Section 123 (3) (b) A daily hire employee. Clause 9.1.3 reference to the notice period is taken from FWA 2009 Section 117 ‘does not apply to daily hire employees’.

Sub clause 9.1.1 shall be amended as below:-

9.1.1 For the purpose of this document, all employees are Daily Hire employees.

3. Clause 13 - the work cycle arrangements operate on a 4:1 roster, four (4) weeks on and one (1) Week off, the hours of work being up to Ten (10) hours per day, up to Six (6) days a week.

Sub clause 13.4 shall be amended as below:-

13.4 For the purpose of this agreement, you are employed as a daily hire employee undertaking distant work, who is engaged or selected or advised by the Company to proceed to a project to perform duties under their contract of employment and the Employee does so such that the Employee cannot return to their place of residence each night.

4. Clause 18 - subclause 18.3 will have no application.

Sub clause 18.6 shall be amended in line with dally hire and as referenced in Clause 11 of the Building and Construction General Award 2010, as highlighted below:-

18.6 Daily hire employees will be paid a maximum of 32 hours and casual employees 16 hours per 28 day period. Once the maximum hours has been reached, daily hire employees will be required to take paid annual leave, RDOs if so accrued or unpaid stand down.

5. Clause 25 - Savcor undertake to apply the model consultation clause to the agreement, as amended on the 1st Jan 2014.” (sic)

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2014. The nominal expiry date of the Agreement is 30 April 2017.

SENIOR DEPUTY PRESIDENT

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