Barrett Burston Malting Co Pty Ltd

[2013] FWCA 2247

[2013] FWCA 2247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217— Application to vary an agreement to remove an ambiguity or uncertainty

Barrett Burston Malting Co Pty Ltd
(AG2013/5675)

BARRETT BURSTON GEELONG & BURNLEY ENTERPRISE AGREEMENT 2012-2016

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 12 APRIL 2013

Application for variation of the Barrett Burston Geelong & Burnley Enterprise Agreement 2012-2016

[1] An application has been made for approval of a variation of the Barrett Burston Geelong & Burnley Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by the Barrett Burston Malting Co Pty Ltd.

[2] At a hearing which took place before the Fair Work Commission (Commission) in Melbourne on 8 April 2013 the parties covered by the Agreement confirmed that they support the application and the National Union of Workers confirmed that they have consulted their members and their members have endorsed the variations.

[3] The Commission is satisfied that there is ambiguity and the variations sought remove that ambiguity.

[4] The application is approved and the Agreement is varied as set out below:

Clause 10.1: insert "and Part-time"
Clause 10.3: remove "full-time"
Clause 11.1: insert "or, in the case of a part-time employee, outside the employee's agreed hours of work."

Clause 12.2: remove "12.00 am" and insert "midnight"; remove "12.00 am" and insert "midnight"

Clause 14.1: insert "(if a vacancy exists for a part-time position)"; remove "employee's" and insert "employer's"; insert "The employee
may choose to accept the offer or remain casual."

Clause 15.1: insert "full-time"

Clause 15.2.1: insert "full-time"

Clause 17.5: remove "full-time" and insert "permanent"

Clause 18: remove "long service" and insert "annual"

Clause 18.2: remove "seventy (70) hours" and insert "two (2) weeks pay"

Clause 18.4: remove "seventy (70) hours" and insert "two (2) weeks pay"

Clause 18.5: remove "of the annual leave loading" and insert "referred to in clause 18.2"; remove "in respect of single day absences,"

Clause 19: insert "or the Long Service Leave Act 1992 (Vic), whichever is applicable."

Clause 20.1.2: remove "the" and insert "a full-time employee"; insert "(pro rata for part-time employees)"

Clause 20.3.1: remove "a"; insert "of"

Clause 21.1: remove "personal / carer's" and insert "compassionate"

Clause 34: insert "covered by this Agreement and to whom the Barrett Burston Geelong & Burnley Agreement 2007 applied immediately before the approval of this agreement"

Clause 35.1.3: insert "the"; insert "Act"

Clause 36.1.2: remove "full-time"

Clause 36.2: remove "As such rates are expressed in the Agreement as seventy (70) hour fortnightly amounts, the weekly amount shall be the seventy (70) hour fortnightly amount divided by two."

Clause 36.7.4: remove "is" and insert "and"

[5] A copy of the varied Agreement is attached to this Decision.

[6] The variation operates from 18 September 2012.

COMMISSIONER

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