Ativo Pty Ltd

[2014] FWCA 5912

[2014] FWCA 5912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ativo Pty Ltd
(AG2014/1639)

ATIVO KWINANA REFINERY SERVICES AGREEMENT 2014 - 2017

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 27 AUGUST 2014

Application for approval of the Ativo Kwinana Refinery Services Agreement 2014 -2017.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Ativo Kwinana Refinery Services Agreement 2014 -2017 (the Agreement). The application has been made by Ativo Pty Ltd (Ativo). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Paul Duckett of Extra Group Pty Ltd on 1 July 2014.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Wednesday, 27 August 2014. All parties to the Agreement, including the employee bargaining representative, were notified of the e-hearing.

[4] Clause 25 — Consultation Provision does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[5] On reading the terms of the Agreement, I became concerned that clause 24 — Reduction in Hours provides a mechanism for reducing rostered hours without the safeguards of the model consultation clause. I advised Ativo of those concerns. Ativo has provided written undertakings to address those concerns and undertake that clause 24 of the Agreement will be read subject to the model consultation term. A copy of that undertaking is attached as Attachment B. I am satisfied that the undertaking meets the requirements prescribed by s.190 of the Act.

[6] 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.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is three years from the date of approval.

COMMISSIONER

Attachment A:

Attachment B:

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