The Trustee for Robin Johnson Engineering Trust T/A Robin Johnson Engineering Pty Ltd

[2015] FWCA 4563

[2015] FWCA 4563

FAIR WORK COMMISSION

DECISION

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

The Trustee for Robin Johnson Engineering Trust T/A Robin Johnson Engineering Pty Ltd
(AG2015/1009)

ROBIN JOHNSON ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 JULY 2015

Application for approval of the Robin Johnson Engineering Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Robin Johnson Engineering Pty Ltd 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 The Trustee for Robin Johnson Engineering Trust T/A Robin Johnson Engineering Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Undertakings have been provided in the following terms:

“Entitlement to Annual Leave

Amend clause 6.1.2(a) to read as follows:

(a) For each year of service an Employee is entitled to:

(i) Four (4) weeks of paid annual leave; or

(ii) Electrical – five (5) weeks of paid annual leave in accordance with the NES where the Employee is a seven day shift worker who is regularly rostered to work on Sundays and Public Holidays; or

(iii) Mechanical, Civil and Building – five (5) weeks of paid annual leave in accordance with the NES where the Employee is engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six (6) consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts.”

….

“1. That RJE will only engage employees classified in the Electrical Discipline Group (employees who are otherwise covered by the scope of the Electrical, Electronic and Communications Contracting Award 2010) in Away from Home work during the life of the Agreement.

2. For the purposes of the Better Off Overall Test, the rates of pay in Schedule 1 for “Away from Home Job”:

(a) are based on an Electrical employee being rostered to work up to a 3 week on / 1 week off roster cycle; however, we note that other roster cycles including, but not limited to, a 2 week on / 1 week off roster cycle will also meet the requirements for the Better Off Overall Test, and

(b) incorporate provision for working seven (7) public holidays per annum.

3. In the case of an employee (permanent or casual) working an “Away from Home Job”, whose employment is terminated before completion of the roster cycle, the provisions of clause 5.9.10 requiring reimbursement of the costs of return travel will not be enforced.

4. In the case of a casual employee working an “Away from Home Job”, whose employment is terminated before completion of the roster cycle, the employee will be paid based on a pro-rata of the total ordinary hours and overtime hours payable for the full roster cycle, according to the proportion of the total roster cycle actually worked.”

[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 Attachments A and B.

[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 14 July 2015. The nominal expiry date of the Agreement is 31 March 2019.

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