Australian Comfort Group Pty Ltd

[2015] FWCA 1252

[2015] FWCA 1252

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Comfort Group Pty Ltd

(AG2015/199)

AUSTRALIAN COMFORT GROUP SOUTH AUSTRALIA

ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT

ADELAIDE, 20 FEBRUARY 2015

O'CALLAGHAN

Application for approval of the Australian Comfort Group South Australia Enterprise

Agreement 2014-2016.

[1]        An application has been made for approval of an enterprise agreement known as the

Australian Comfort Group South Australia Enterprise Agreement 2014-2016 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by Australian Comfort Group Pty Ltd. The Agreement is a single-enterprise

agreement.

[2]        An undertaking has been provided in the following terms:

“1.	In relation to the Annual Leave provisions (Clause 25):
a) The Agreement will allow for an additional 5 days paid annual leave

per year as per the National Employment Standards to be provided to

Shift Workers, as are defined in the Manufacturing and Associated

Industries and Occupations award clause 41.3(a) being:

Definition of shiftworker

(a) For the purpose of the additional week of annual leave provided

for in s.87 of the Act, a shiftworker is a seven day shiftworker who is

regularly rostered to work on Sundays and public holidays.”

[3]        As a result, the above undertaking is taken to be a term of the Agreement. A full copy

of advice provided by the employer is attached to the Agreement as Annexure A.

[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.
[2015] FWCA 1252

[5]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

28 February 2015. The nominal expiry date of the Agreement is 30 October 2016.

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