Sudel Industries Pty Ltd

[2015] FWCA 459

[2015] FWCA 459

FAIR WORK COMMISSION

DECISION

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

Sudel Industries Pty Ltd
(AG2014/10409)

SUDEL INDUSTRIES PTY LTD OLYMPIC DAM ENTERPRISE AGREEMENT 2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 JANUARY 2015

Application for approval of the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sudel Industries Pty Ltd Olympic Dam Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sudel Industries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“[1] We respectfully request that the Fair Work Commission (Commission) accept the wage rates previously provided on 9 January 2014 as being those wage rates applicable under the Agreement for the purpose of conducting the Better Off Overall Test. We note that the “Permanent Flat Hourly Rate” and the “Flat Casual Hourly Rate”, as referred to within this document, are the hourly rates that apply to the employees covered by the Agreement and these rates apply to all hours worked.

[2] With respect to the working hours stipulated in the response to the Preliminary Findings, provided to the Commission on 9 January 2015, we can confirm that if employees are required to work additional hours in excess of the current rostered hours, this would only occur on a sporadic basis. For example employees would not be required to work 14 hour days on a regular and systematic basis. In general, under this Agreement, employees will average 47.25 hours per week.

[3] Clause 13 of the Agreement provides a “Travel Allowance” which applies on each occasion where an employee travels back to their place of residence during the individual’s time off.”

[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 A.

[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 24 January 2015. The nominal expiry date of the Agreement is 15 January 2016.

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