The Trustee for Overflow Industrial Unit Trust T/A Overflow Industrial Pty Ltd

[2020] FWCA 4311

[2020] FWCA 4311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Overflow Industrial Unit Trust T/A Overflow Industrial Pty Ltd
(AG2020/2187)

OVERFLOW INDUSTRIAL PTY LTD ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 17 AUGUST 2020

Application for approval of the Overflow Industrial Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Overflow Industrial Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Trustee for Overflow Industrial Unit Trust T/A Overflow Industrial Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 August 2020.

[3] On 10 August 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 August 2020. The undertaking deals with the following topics:

•  Schedule B of the Agreement is amended to provide the following basic periodic hourly rates of pay:

•  Trades Assistant – Electrical Worker Grade 2 - $24.00-$28.00

•  Adult Apprentice 1^st year - $21.00

•  Adult Apprentice 2^nd year - $23.00

•  Adult Apprentice 3^rd year - $24.00

•  Adult Apprentice 4^th year - $25.00

•  Junior Apprentice 1^st year - $14.50

•  Part-time employees will be paid overtime as per clause 4.3 for all hours worked in addition to the standard agreed hours of work.

•  Casual employees will be paid a minimum of two hours for each engagement.

•  All employees will be paid a minimum of four hours when engaged to work on a Public Holiday or weekends.

•  Afternoon shifts (any shift finishing after 6.00pm and at or before midnight) will paid as per clause 4.5 Night Shift Work.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 August 2024.

COMMISSIONER

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