Blown Plastics Pty Ltd

[2013] FWCA 3135

[2013] FWCA 3135

FAIR WORK COMMISSION

DECISION

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

Blown Plastics Pty Ltd
(AG2013/1022)

BLOWN PLASTICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MAY 2013

Application for approval of the Blown Plastics Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Blown Plastics Pty Ltd Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blown Plastics Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Attached to the agreement application was another signed agreement, the Blown Plastics Pty Ltd (Superannuation) Single Enterprise Agreement (2013). While this agreement has not been taken to be part of this approval application, the parties have confirmed that it was negotiated and agreed as part of the general agreement process and the employer has confirmed its intention to apply that superannuation agreement through its internal policies.

[3] The employer has provided undertakings in the following terms:

“....

[6] The parties agree that in the event that a dispute remains unresolved under clause 3.2 of the substantive Agreement, a party to the dispute may refer the matter to the Fair Work Commission for assistance through mediation, conciliation, expressing an opinion or making a recommendation.

The employee/s and employer may appoint a person or organisation to represent them in relation to the dispute.

....

[7] .... the following definition of shiftworker applies to the substantive Agreement:

(a) For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.

(b) Where an employee with 12 months continuous service is engaged for part of the 12 month period as a seven day shiftworker, that employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.

I can confirm that currently there are no employees working as a shiftworker, as defined above, and it is not our intention at this point in time to move to such an arrangement.

[8] ... the Company can confirm that the attached Blown Plastics Wage Table Schedule A is the schedule referenced in Schedule A of the signed version of the substantive Agreement.

The table below is provided as part of the undertakings made by the parties to compare the classifications contained within the substantive Agreement back to the Manufacturing and Associated Industries and Occupations Award 2010 (“the Award”) for the purpose of the “better off overall test”.

Substantive Agreement Classification	Minimum hourly Wage Substantive Agreement	The Award Classification	Minimum Hourly Wage Award Minimum Rate
Full Time Trainee Operator	$16.71	C13	$16.42
Full Time Trainee Die Setter	$17.31	C12	$17.05
Full Time Level 1 Material Handler	$17.31	C12	$17.05
Full Time Level 2 Storeman	$17.90	C11	$17.64

The parties can confirm that the wages contained within the above mentioned classifications applicable under the substantive Agreement are above those wages contained within the comparable classifications under the Award.

... for the purpose of the better off overall test we respectfully submit that these wages would meet the requirements to pass this test.”

[4] 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 Attachment 1.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2013. The nominal expiry date of the Agreement is 27 May 2016.

SENIOR DEPUTY PRESIDENT

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