Ultra Building Works Pty Ltd

[2013] FWCA 981

[2013] FWCA 981

FAIR WORK COMMISSION

DECISION

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

Ultra Building Works Pty Ltd
(AG2013/21)

ULTRA BUILDING WORKS PTY. LTD ENTERPRISE AGREEMENT 2012 - 2016

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

Application for approval of the Ultra Building Works Pty. Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ultra Building Works Pty. Ltd 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.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the span of hours in the Agreement, an undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] The Commission also requested further information with respect to clause 7.9.4 of the Agreement and how this meets the better off overall test in regards to overtime taken as time off during ordinary hours. Subsequently an undertaking that this reference should be deleted as a term of the Agreement has been provided.

[4] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertakings provided.

[6] The Agreement covers those employees in the classification structure at Appendix 1 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.

[7] 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

[8] 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 four years from the date of operation.

COMMISSIONER

Annexure A

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