Betts Group Pty Ltd

[2013] FWCA 5268

[2013] FWCA 5268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Betts Group Pty Ltd
(AG2013/1740)

BETTS GROUP AGREEMENT-2013

Retail industry
COMMISSIONER BULL	SYDNEY, 1 AUGUST 2013

Application for approval of the Betts Group Agreement-2013.

[1] An application has been made for approval of an enterprise agreement known as the Betts Group Agreement-2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On 25 July 2013 a conference was held with the Applicant and the Shop, Distributive and Allied Employees Association (SDAEA) being a bargaining representative for the Agreement to discuss a number of concerns with respect to the Agreement.

Correction of error

[3] In its application for approval of a single enterprise agreement the Applicant advised the Commission of a typographical error at subclause 29.3.1 of the Agreement. Subclause 29.3.1(a) states:

“Such appointments should not be made outside of rostered working hours”

[4] In its correspondence to the Commission the Applicant advised that subclause 29.3.1(a) should state:

“Such appointments should be made outside of rostered working hours”

(My emphasis)

[5] During the conference the SDAEA confirmed that it supported the Applicant’s application that this was a typographical error and gave its consent that the clause should be amended.

[6] Pursuant to s.586(a) of the Act, the Commission may allow for a correction or amendment of any application, or other document relating to a matter before the Commission, on any terms it considers appropriate. On the application made by the Applicant with respect to the typographical error that appears in subclause 29.3.1(a) of the Agreement and given the SDAEA consent to the application the subclause will be amended by deleting the word ‘not’.

Undertakings

[7] Following the conference on 25 July 2013, the Applicant provided a number of undertakings.

[8] An undertaking with respect to clause 13 - Classifications and rates of pay, in particular that the minimum weekly wage rate of a store manager will be $794.29 has been provided by the Applicant.

[9] With respect to Part E – Hour of work, in particular subclause 19.1, the Applicant has provided an undertaking that the ordinary hours of work on Saturday will be 8:00am to 7:00pm and Sunday 9:00am to 6:00pm.

[10] With respect to Part E – Hour of work, in particular subclause 19.13, the Applicant has provided an undertaking that pursuant to sub clause 31.2 of the General Retail Industry Award 2010, bring the relevant modern award for the purpose of the better off overall test,an employee will be granted a 12 hour rest period between the completion of work on one day and the commencement of work on the next day, unless an agreement between the employer and an employee or employees has been reached to reduce the 12 hour rest periods to not less than 10 hours.

[11] With respect to clause 6 – Contract of employment, in particular, subclause 6.1(c)(ii) the Applicant has provided an undertaking that pursuant to sub clause 13.4 of the Awardthe minimum daily engagement of a casual employee is three hours, provided that the minimum engagement period for an employee will be 2 hours if all of the following circumstances apply:

(a) The employee is a full-time secondary student; and

(b) The employee is engaged to work between the hours of 3:00pm and 6:30pm on a day which they are required to attend school; and

(c) The employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than three hours; and

(d) Employment for a longer period than the period of the engagement is not possible either because of the operational requirements of the employer or the unavailability of the employee.

[12] With respect clause 12A – Limited tenure employees, in particular, subclause 12A4, the Applicant has provided an undertaking that this subclause will only apply to existing employees.

[13] An undertaking with respect to Appendix One - Parental Leave, the entitlement to parental leave shall be in accordance with the National Employment Standards has been provided by the employer.

[14] The undertakings are not so substantial that if asked to vote again the employees would not approve the Agreement. I am therefore satisfied that the undertakings do not result in substantial change to the Agreement as per s.190(3)(b) of the Act.

[15] These undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached at Annexure A.

[16] I have sought the views of the bargaining representative in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertakings provided.

[17] The Agreement covers all store based employees, including store managers. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[18] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[19] The SDAEA being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers this organisation.

[20] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 8 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A

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