TANNER HARVEY & PAVY PTY LTD ENTERPRISE AGREEMENT 2013

[2014] FWCA 944

[2014] FWCA 944

FAIR WORK COMMISSION

DECISION

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

Tanner Harvey & Pavy Pty Ltd
(AG2013/12218)

TANNER HARVEY & PAVY PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 FEBRUARY 2014

Application for approval of the Tanner Harvey & Pavy Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tanner Harvey & Pavy Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tanner Harvey & Pavy Pty Ltd. The Agreement is a single-enterprise agreement.

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

“1. Employees will not be required to work in excess of an average of 15 hours overtime each week without additional payments being made to them.

2. The additional payment would be based on the overtime rate that would otherwise be applicable under the relevant award for hours worked in excess of the average of 15 per week.”

[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 18 February 2014. The nominal expiry date of the Agreement is 17 February 2018.

SENIOR DEPUTY PRESIDENT

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