Shaw Contracting Pty Ltd

[2016] FWCA 992

[2016] FWCA 992

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Shaw Contracting Pty Ltd T/A Shaw Contracting

(AG2016/2195)

SHAW CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2013

Tasmania

COMMISSIONER LEE MELBOURNE, 24 FEBRUARY 2016

Application for variation of the Shaw Contracting Pty Ltd Enterprise Agreement 2013.

[1]        An application has been made for approval of a variation to the Shaw Contracting Pty

Ltd Enterprise Agreement 2013 (the Agreement). The application was made by Shaw

Contracting Pty Ltd T/A Shaw Contracting (the Applicant) pursuant to section 210 of the Fair

Work Act 2009 (the Act).

[2]        The application seeks approval of a variation to Schedule 6 clause 2 of the Agreement

detailed as follows:

 Schedule 6 clause 2(a) seeks to vary ordinary hours of work from an average of 40

hours per week, made up of 38 hours plus 2 reasonable additional hours, to 50 hours

per week which comprises of 12 reasonable additional hours.

 Schedule 6 clause 2(b) (previously clause 2 (a)) now outlines that the company must

not require or request an employee to work additional hours if they are unreasonable

having regard to sub clauses (i) – (vi). The clause is further varied with the addition

of sub clause (vi) which requires the company to have regard to any other matter

referred to in section 62 of the Act.

 The words ‘Any hours in excess of 40 hours per week will be reasonable in

accordance with the NES’ are deleted and the words ‘Subject to clause 2(j)’ are

inserted at the beginning of the Schedule 6 clause 2 (c).

 Schedule 6 clause 2(d) (previously clause 2(c)) is varied to insert the words ‘subject

to clause 2(j)’ at the beginning of the clause.

 Schedule 6 clause 2(f) (previously clause 2(e)) is varied by deleting the words

‘clause 2(c)’ and inserting the words ‘clause 2(d)’.

[2016] FWCA 992

 Schedule 6 clause 2(g) (previously clause 2(f)) is varied by deleting the words

‘clause 2(g)’ and inserting the words ‘clause 2(h)’.

 Schedule 6 Clause 2 (i) seeks to vary the Agreement through the insertion of the

clause which provides as follows:

“For service to meet the changing demands within the marketplace and provide

coverage, if special circumstances arise, after consultation, between the

Workplace Consultative Committee and management, variations can be made

to the ordinary hours of work for specific projects of processes. Any work

performed during 6.00pm and 6.00am Monday and Friday will attract a flat

shift loading of 50% of the Employee’s Base Hourly Rate, for all hours that the

Employee is engaged on those shifts.”

[3]        I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant

to this application for approval have been met.

[4]        The variation is approved and the consolidated version of the Agreement, as varied, is

attached to this decision.

[5]        In accordance with s.216 of the Act, the variation operates from 24 February 2016.

COMMISSIONER

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