[2011] FWAA 8676 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Hardy Bros Mining & Constructions Pty Ltd
(AG2011/2540)
HARDY BROS MINING & CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2011
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN |
ADELAIDE, 13 DECEMBER 2011 |
Application for approval of the Hardy Bros Mining & Constructions Pty Ltd Enterprise Agreement 2011.
[1] An application has been made for approval of an enterprise agreement known as the Hardy Bros Mining & Constructions Pty Ltd Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Hardy Bros Mining & Constructions Pty Ltd. The Agreement is a single-enterprise agreement.
[2] The employer has provided undertakings in the following terms:
1 Clause 10.2 of the Agreement does not exclude additional payments that are established elsewhere within the Agreement.
2 If any clause of the Agreement undermines the National Employment Standards, then the National Employment Standards shall prevail.
3 As per Clause 14.6 the ordinary working hours are eight (8) hours per day Monday to Friday with 0.4 of an hour per day accruing toward a rostered day off (RDO’s). The accrual applies on all ordinary days worked (except RDO’s) and shall not accrue during periods of annual leave.
As such a 40 hour week, comprising 8 hour days (Monday to Friday) is the normal working week for the purpose of calculating overtime penalty rates.
All time worked at the agreed completion of eight (8) hours (Monday to Friday), are paid at the applicable time and half rate for the first two (2) hours and double time thereafter.
Overtime worked on a Saturday is paid at the applicable time and half rate for the first two (2) hours and double time thereafter.
Overtime worked on a Sunday is paid at the applicable double time rate.
4 The ‘HB’ classifications have been developed specifically to suit the employers’ contract works and employee requirements; however an approximate correlation is as follows:
Approximate Correlation | |
HBMC EA 2011-2015 Classification |
BCA 2010 Classification |
HB1-T |
CW 1 |
HB 1 |
CW 2 |
HB 2 |
CW 3 |
HB 3 |
CW 4-5 |
HB 4 |
CW 6-7 |
HB 5 |
CW 8-9 |
[3] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.
[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 21 December 2011. The nominal expiry date of the Agreement is 30 June 2015.
SENIOR DEPUTY PRESIDENT
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