APTS Pty Ltd

[2015] FWCA 1377

[2015] FWCA 1377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

APTS Pty Ltd
(AG2014/7875)

APTS PTY LTD HENDERSON WA AND TINGALPA QLD WORKSHOP ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 MARCH 2015

Application for variation of the APTS Pty Ltd Henderson WA and Tingalpa QLD Workshop Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a variation of the APTS Pty Ltd Henderson WA and Tingalpa QLD Workshop Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by APTS Pty Ltd. The Agreement is a single enterprise agreement.

[2] The application seeks approval of the variation to the Agreement as follows:

(a) By deleting the title “APTS Pty Ltd Henderson WA, Tingalpa QLD Workshop Enterprise Agreement 2013-2016” wherever appearing and inserting “APTS Pty Ltd Henderson WA, Tingalpa QLD & Darwin NT Workshop Enterprise Agreement 2013-2016”.

(b) By deleting clause 1.2.1 and inserting the following:

1.2.1 Employed at sites in Western Australia, Queensland and Northern Territory;

(c) By deleting clause 39.1 and inserting the following:

39.1 WA employees covered by this Agreement shall be entitled to Long Service Leave according to the WA Long Service Leave Act 1958 or the WA Construction Industry Portable Paid Long Service Leave Act 1985. QLD employees covered by this Agreement shall be entitled to Long Service Leave as per part 3 and part 6 of Queensland Industrial Relations Act 1991 and the QLD Building and Construction industry (Portable Long Service Leave) Act 1991. NT employees covered by this agreement shall be entitled to Long Service Leave according to the NT Long Service Leave Act as in force at 28 August 2013.

(d) By deleting clause 43.0 and inserting the following:

43.0 Public Holidays

Public holidays are provided for in the National Employment Standards – Fair Work Act 2009 for permanent employees.

Permanent employees are entitled to 10 days of public holidays.

Public holidays do not apply to a casual employee.

The following public holidays are observed by the Henderson, Brisbane and Darwin workshops:

• 1 January – New Year’s Day



• 26 January – Australia Day



• Good Friday



• Easter Monday



• 25 April – ANZAC Day



• May Day (first Monday in May, NT)



• The Sovereign’s Birthday (celebrated on different dates by WA and QLD)



• Labour Day (celebrated on different dates by WA and QLD)



• Picnic Day (first Monday in August, NT)



• 25 December – Christmas Day



• 26 December – Boxing Day

The following public holiday is observed by Henderson only:

• Western Australia Day

The following public holiday is observed by Queensland only:

• Royal Queensland Show (Brisbane only)

Employees that do fly in and fly out (FIFO) work and who are in Karratha at the time may nominate which of the public holidays they intend to observe: the Queen’s Birthday public holiday or the local public holiday called “Fe NaCllng Day”. If the Queen’s Birthday public holiday has already been observed by the employee, they will not be entitled to this additional public holiday.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The application for variation is approved and, in accordance with s.216 of the Act, shall come into effect from 6 March 2015.

[5] A consolidated version of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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