[2013] FWCA 2313 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Datatech Australia Pty Ltd
(AG2013/5517)
DATATECH AUSTRALIA PTY LTD (NSW) ENTERPRISE AGREEMENT 2013-2017
Electrical contracting industry | |
COMMISSIONER BULL |
SYDNEY, 16 APRIL 2013 |
Application for the approval of the Datatech Australia Pty Ltd (NSW) Enterprise Agreement 2013-2017.
[1] An application has been made for approval of an enterprise agreement known as the Datatech Australia Pty Ltd (NSW) Enterprise Agreement 2013-2017 (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 12 - Hours of work & meal breaks provides for an ordinary span of hours between 5:00am to 7:00pm. The Electrical, Electronic and Communications Contracting Award 2010 (the Award), being the relevant modern award for the application of the better off overall test as per s.193(1) of the Act, provides for an ordinary span of hours from 6:00am 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 the Agreement are significantly higher, and compensate for the additional increase in the span of ordinary working hours. I am satisfied that the increase in the ordinary span of hours satisfies the better off overall test.
[3] The Agreement covers those employees in the classifications specified in Schedule A of the Agreement and who work in New South Wales. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.
[4] 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.
[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 23 April 2013. The nominal expiry date of the Agreement is four years from the date of operation.
COMMISSIONER
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