“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Denso Automotive Systems Australia Pty Ltd
[2011] FWA 3602
•7 JUNE 2011
[2011] FWA 3602 |
|
RECOMMENDATION |
Fair Work Act 2009
s.739—Dispute resolution
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Denso Automotive Systems Australia Pty Ltd
(C2011/4192)
COMMISSIONER RYAN | MELBOURNE, 7 JUNE 2011 |
Alleged dispute concerning working hours.
[1] In this matter the Australian Manufacturing Workers’ Union – Vehicle Division (AMWU) filed an application with Fair Work Australia to deal with a dispute in accordance with a Dispute Resolution Procedure in the Denso Automotive Systems Enterprise Agreement 2010 (the Agreement).
[2] The matter came before the Tribunal on 18 May, 2011 and further by way of report back on 25 May 2011 and 7 June, 2011.
[3] In the course of the proceedings the Tribunal has had the benefit of extensive conciliation, including direct discussions between the parties. As a consequence, the parties have outlined their respective cases in relation to the matters in dispute concerning the application and payments of the Non Supply Day provisions within the extant Agreement.
[4] The Tribunal also notes that the parties have had extensive discussion in regards to reaching agreement on the matters in dispute.
[5] To this end the Tribunal understands that a notice has been circulated at the workplace outlining the outcomes of the proceedings conducted before the Tribunal for the purpose of report back to all employees at the DENSO site, in terms consistent with the Tribunal’s Recommendation below
[6] Accordingly the Tribunal is now in a position to strongly recommend that the terms and specific arrangements set out below will be adopted and applied by the parties as the principle means of resolving all issues concerning working hours and the application and payments of the Non Supply Day provisions under the terms of the Agreement.
[7] The Tribunal understands that the parties are committed to abiding by the terms set out in this Recommendation.
[8] Accordingly the Tribunal’s Recommendation to the parties is set out below. That:-
1. The Non Supply payment of 33% of an employee(s) ordinary time earnings will apply and be back dated to the 9th of May 2011
2. The conversion of the 29th of August 2011 fixed PDO to a Non Supply day. (= 2.5 hour payment)
3. The top up of an employee(s) weekly wage to 7.6 hrs per day (38 hrs per week) with any of the following entitlements: long service leave, annual leave, RDO accruals or take leave without pay. .It is to be noted that restrictions may apply to access to Long Service Leave where employee(s) have more than 15 days of annual leave accrued and restrictions to leave without pay where employee(s) have 8 weeks of annual leave accrued.
4. All Leave required in relation to non supply days will count as service for all purposes.
5. Breaks: After 5 hours work = 15 minute paid break, After 6 hours work = 15 minute paid break & 15 minute un-paid break (optional) and After 6-7 hours work = 15 minute paid break & 11 minute paid break.
6. The Union reserves the right to review its position with the fixed PDO scheduled for the 28th of November 2011.
7. NON SUPPLY DAY PAYMENT TABLE (SAMPLE)
Work Hours | Rdo DEDUCTION ON 5 HRS WORK | Non Supply Payment | Leave Top Up (optional) | Total Payment | |
Monday | 5 | 0.25 | 0.95 | 1.9 | 7.6 |
Tuesday | 5 | 0.25 | 0.95 | 1.9 | 7.6 |
Wednesday | 5 | 0.25 | 0.95 | 1.9 | 7.6 |
Thursday | 5 | 0.25 | 0.95 | 1.9 | 7.6 |
Friday | 0 | 0 | 2.5 | 5.1 | 7.6 |
Total Week | 20 hours | 1 hour (banked) | 6 hrs & 18 min | 12 hrs & 42 min | 38 hours |
[9] Accordingly the Tribunal strongly recommends that the terms set out above will be applied by the parties as the principal means of resolving this dispute under the terms of the Agreement.
[10] The Tribunal commends the parties for their conduct and preparedness to deal with the matters in dispute.
[11] Should there be any issues arising in relation to this matter either party is at liberty to notify the Tribunal for further assistance.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR510323>
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