Thiess Pty Ltd

[2013] FWCA 980

[2013] FWCA 980

FAIR WORK COMMISSION

DECISION

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

Thiess Pty Ltd
(AG2013/43)

THIESS NEW SOUTH WALES BUILDING ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 12 FEBRUARY 2013

Application for approval of the Thiess New South Wales Building Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Thiess New South Wales Building Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 17 - Hours of work, provides for an ordinary span of hours between 6:00am to 6:00pm. The Building and Construction General On-site Award 2010 (the Award) provides for an ordinary span of hours from 7:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in clause 9 of the Agreement are higher, and compensate for the additional increase in the span of ordinary working hours.

[3] The Commission questioned the operation of clause 43 - Flexibility, and in particular subclause 43.5(a) and 43.8 of the Agreement. The Applicant subsequently advised that the reference to clause 40.4 in subclause 43.5(a) is a typographical error and should refer to clause 43.4. Furthermore, the reference to clause 40.6(a) in subclause 43.8 is also a typographical error and should refer to clause 43.6.

[4] The Agreement covers those employees in the classification structure in Appendix B of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[6] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers that organisation.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 19 February 2013. The nominal expiry date of the Agreement is 1 April 2016.

COMMISSIONER

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