The Australian Workers' Union
[2013] FWCA 3725
•17 JUNE 2013
[2013] FWCA 3725 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
The Australian Workers' Union
(AG2013/1196)
CIVIL AND ROAD REHABILITATION AND MAINTENANCE METRO AND RURAL DIVISIONS, A.W.U VICTORIA MAINTENANCE AGREEMENT 2012 TO 2015
Asphalt industry | |
DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 17 JUNE 2013 |
Application for variation of the Civil and Road Rehabilitation and Maintenance Metro and Rural Divisions, A.W.U Victorian Maintenance Agreement 2012 to 2015.
[1] An application has been made for approval of a variation to an enterprise agreement known as the Civil and Road Rehabilitation and Maintenance Metro and Rural Divisions, A.W.U Victoria Maintenance Agreement 2012 to 2015 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I approve the variation which is as follows:
(a) By adding two new paragraphs after the third paragraph in clause 8.c:
“A casual employee shall be entitled to a minimum engagement of 8 hours per day, of which 20 minutes per worked day shall be accured for RDO purposes. If an employee does not accrue enough hours to be afforded an RDO once per month, then they shall be paid out the accrued hours at the end of engagement at ordinary rates.
Overtime for casual employees shall apply after 8 hours is worked per day, Monday to Friday. All other overtime provisions contained in the agreement shall apply to casuals.”
[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 12 June 2013.
DEPUTY PRESIDENT
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