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Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Allstyle Concrete Pumping Pty Ltd
(AG2017/3489)
ALLSTYLE CONCRETE PUMPING PTY LTD ENTERPRISE
AGREEMENT 2017
Building, metal and civil construction industries
COMMISSIONER MCKINNON MELBOURNE, 11 DECEMBER 2017
Application for approval of the Allstyle Concrete Pumping Pty Ltd Enterprise Agreement
2017.
[1] An application has been made for approval of an enterprise agreement known as the
Allstyle Concrete Pumping Pty Ltd Enterprise Agreement 2017 (the Agreement). The
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made
by Allstyle Concrete Pumping Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is
attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment
to any employee covered by the Agreement and that the undertakings will not result in
substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[2017] FWCA 6595 [Note: This decision and the associated agreement has
been quashed - refer to the Full Bench decision dated 28 June 2018 [2018]
FWCFB 3823]
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3823.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb3823.htm
https://www.fwc.gov.au/documents/documents/agreements/fwa/AE426459.pdf
[2017] FWCA 6595
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[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
18 December 2017. The nominal expiry date of the Agreement is 10 December 2021.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code G, AE426459 PR598552
OF THE FAIR WORK OMMISSION AUSTRALIA THE SEAL
[2017] FWCA 6595
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Annexure A
In the Fair Work Commission
FWC Matter No: AG2017/3489 Applicant Allstyle Concrete Pumping Pty Ltd 100 of acingly antorny amc
application approval a sitigit cificipı I, OSCAR JUAN Director, for Allstyle Concrete Pumping Pty Ltd give the following undertakings with respect to the Allstyle Concrete Pumping Pty Ltd Enterprise Agreement 2017. 1. I have the authority given to me by Allstyle Concrete Pumping Pty Ltd to provide these Undertakings in relation to the application before the Fair Work Commission.
2. Undertakings Casual Employees For reasons of clarity casual employees will work an average of 38 ordinary hours per week
and may be required to work reasonable additionldl overtime LU heel operational requirements of the employer. Annual Leave Employees, except casual employees, shall be entitled to take annual leave as per s88 of the Fair Work Act 2009 consistent with the current practice of the employer.
Personal/Carers Leave For the purposes of certainty, employees may access paid personal/carers leave as per s97(a) of the Fair Work Act 2009. Unpaid Carer's Leave
For reasons of clarity of how the Agreement is to apply, employees will be entitled to have access to unpaid carer's leave as prescribed under s102 and s103: Subdivision B - Unpaid carer's leave of the Fair Work Act 2009. Redundancy
The employer confirms clause 17 Industry specific redundancy scheme applies to employees given the Agreement is underpinned by the National Building and Construction General On- site Award 2010.
[2017] FWCA 6595
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Allowances
Employees will be entitled to the Towers Allowance set out in sub-clause 22.3(a) of the Building and Construction General On-site Award 2010, if and when, they are directed to work on a site which meets the criteria set out in sub-clause 22.3(a) of the Award. Overtime
Employees who work beyond 12.00 noon Saturday shall be paid double time for all hours worked, or part thereof, at the rates applicable in Appendix A - Wages & Classification Structure of the Agreement, as per clause 37 of the Building and Construction General On-site Award 2010. 3. These undertakings are provided on the basis of issues raised by the Fair Work Commission in
a Signature
Date 04/12/2017
