BOC Limited

Case

[2019] FWCA 5107

12 AUGUST 2019

No judgment structure available for this case.

[2019] FWCA 5107
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

BOC Limited
(AG2019/338)

BOC LIMITED (CES) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries

DEPUTY PRESIDENT KOVACIC

CANBERRA, 12 AUGUST 2019

Application for approval of the BOC Limited (CES) Enterprise Agreement 2019.

[1] An application was made on 13 February 2019 for approval of an enterprise agreement known as the BOC Limited (CES) Enterprise Agreement 2019 (the Agreement). The application was made by BOC Limited (BOC) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) were both bargaining representatives for the Agreement. The AMWU and the AWU in their respective Form F18 – Statutory declaration in relation to an application for approval of an enterprise agreement (other than a greenfields agreement) indicated that they did not support approval of the Agreement by the Fair Work Commission (the Commission). Specifically, the AMWU and AWU raised concerns about the following aspects of the Agreement:

  employees were not given a roster or any set hours of work, noting that employees were also able to be called out to work under clauses 16.2.1.f) and 16.3.1. of the Agreement;

  employees worked an average of 45 hours per week under clause 16.1. of the Agreement whereas under the Manufacturing and Associated Industries and Occupations Award 2010 1 (the Award) ordinary hours of work were 38 per week, with additional hours attracting overtime payments;

  under clause 16.2. of the Agreement employees were only able to access time off in lieu (referred to as TIL in the Agreement and hereafter) for hours that were above 45 hours per week and did not have the option of accessing paid overtime in respect of these additional hours as was the case under the Award, adding that it was ambiguous as to whether or not TIL accrued at ordinary time or at rates consistent with the Award; and

  after an employee had accessed the 10 hour break set out at clause 16.1.2. of the Agreement, BOC reserved to itself a right to require the employee to make up working time such as to maintain an average number of hours worked of 45 hours per week subject only to its fatigue policy, noting that clause 16.1.2. of the Agreement omitted the words “without loss of pay for ordinary hours occurring during the absence” which appeared at clause 40.4(c) of the Award.

[3] The AMWU in its Form F18 also stated that the above issues were the subject of debate during bargaining, adding that they were consciously retained/included in the Agreement by BOC despite being known to be contentious.

[4] On 20 June 2019 the Fair Work Commission (the Commission) sent the following email to BOC setting out the Commission’s preliminary views regarding the Agreement.

“I refer to your application seeking approval of the BOC Limited (CES) Enterprise Agreement 2019 (the Agreement). I write regarding several aspects of the Agreement.

1. Pre-approval requirements

In respect of the various pre-approval requirements, it would be appreciated if you could provide a copy of the email sent to employees on 18 January 2019 advising them of the date of the vote on the Agreement and the voting method to be used (see the response to Question 2.6 of Mr Mehaffy’s Form F17 statutory declaration) and copies of any documents provided to employees explaining the terms of the Agreement to be voted on and the effect of those terms (see the response to Question 2.7 of the Form F17).

2. NES

I note that clause 17.1.2. of the Agreement provides that where the terms of the Agreement are less than the terms of the NES, the terms of the NES will prevail. Against that background, I would highlight the following aspects of the Agreement which appear to be less beneficial than the NES. However, given clause 17.1.2. of the Agreement (among other provisions) you need take no action in respect of these issues.

  Clause 10.7. of the Agreement which deals with abandonment of employment does not mention notice of termination. You may wish to note that an employee may still be entitled to notice of termination in circumstances where it is the action of the employer that results in the termination of employment in these circumstances.

  Clause 17.4.1.b)ii) of the Agreement provides that personal/carer’s leave may be taken as carer’s leave “to provide care to a family member who is ill, injured, or experiencing an unexpected emergency.” However, s.97(b) of the Fair Work Act 2009 (the Act) provides that personal/carer’s leave is also available to provide care or support to a member of the employee’s household who requires care or support because of a personal injury or illness or unexpected emergency affecting the member.

  Clause 17.8.2. of the Agreement provides that the NES provides an entitlement for 12 months unpaid parental leave. You may wish to note that s.76 of the Act also provides scope for an employee to request an extension of unpaid parental leave for a further period of 12 months.

3. Better Off Overall Test (BOOT)

With regard to the BOOT, I would highlight the following issues where further information is sought to enable me to complete the BOOT assessment of the Agreement:

  While I note clause 10.3.5. of the Agreement, it would be appreciated if you could indicate how the additional hours arrangements provided for in the Agreement apply to part-time employees, e.g. are part-time employees expected to work additional hours as per full-time employees and if so, how is this determined?

  I seek some further information as to how clause 16.1.2. operates in practice. For instance are there occasions where an employee may be required to commence work without having had a break of 10 hours and what, if any, penalty payments apply in these circumstances.

  I note that clause 16.2.1. of the Agreement, unlike clause 40.13 of the Manufacturing and Associated Industries and Occupations Award 2010 (the Award) does not provide for the payment of overtime where an employee requests or where time off in lieu is not taken within a specified period or provide for the payout of untaken time off in lieu on termination. Against that background, I seek further information regarding the operation of clause 16.2.1, including how frequently employees covered by the Agreement work average hours in excess of 45 hours per week and how often employees are directed by BOC to take time off in lieu.

  I note also that the Agreement does not provide for casual conversion clause as per the Award.

It would be appreciated if any further submissions and/or undertakings regarding the above issues could be provided by no later than close of business on Thursday, 27 June 2019. If having received your response I am not satisfied that those further submissions and/or undertakings address my concerns, the application will be listed for hearing.

If undertakings are to be provided, please ensure that they are provided in a form that can be published with the Agreement and signed in accordance with regulation 2.07 of the Fair Work Regulations 2009 which provides that an undertaking must be signed by each employer who gives the undertaking.

I would also ask that the view of the union bargaining representatives for the Agreement be provided in respect of any undertakings that may be proffered no later than two business days after any undertakings are received by the Commission.

Please feel free to contact my chambers should you have any questions and/or wish to discuss the above issues.”

[5] On 27 June 2019 BOC responded to the Commission’s email of 11 February 2019 as follows:

“We refer to your correspondence on 20 June 2019 and note the following:

1. Pre-Approval Requirements

Attached is a copy of the email correspondence plus attachments sent to all employees covered by the Agreement which notifies employees of the time, place and method of the vote, and attaching a copy of the Agreement. The email also contained the final Log of Changes document. The Log of Changes was provided to employees to assist in explaining the terms and effect of the agreement, and it compared the 2019 Agreement to the 2016 Agreement as the 2019 Agreement was a roll over agreement.

2. NES

We note the matters you have raised and that no action is required.

3. BOOT

Part-time employees

The Agreement provides for a part-time employee’s hours to be varied by agreement. Where a part time employee is required to work additional hours the Agreement deals with this by providing a proportionate annualised salary as well as pro-rata application of the TOIL provisions.

We note that there are additional hours being included in the annualised rate of pay, which are proportionately applied to part time employees.

For example a Level 2 employee in New South Wales who has agreed to 19 hours per week would have a pro-rata salary as follows:

      Agreed hours

      Agreed 19 hours per week

      Pro rata salary

      $42,370.50 per year

      Hours compensated for in salary

      Salary compensates for 22.5 hours per week (19 agreed hours, plus 3.5 additional hours)

      Additional hours

      For hours in excess of 22.5 hours the employee accrues time off in lieu which is then dealt with in accordance with clause 16.2

10 hour breaks

It is uncommon for employees to be required to commence work in situations where they have not had at least 10 consecutive hours off of work, and employees will only go out on site if it is necessary for them do so. The company has a fatigue management policy to assist in managing any associated risks. Employees required to attend a call out or work without 10 hours break will be paid a mandatory 4 hours for their attendance, irrespective of whether the employee attends the site for less than 4 hours.

We also note that attendance at call outs only applies to employees categorised at Level 2 and above, noting that the classification structure in Appendix A to the Agreement expressly provides that the competencies for a Level 2 and above are to undertake CES After Hours On-Call work. Noting that the rates of pay for a level 2 and 3 employee are at least 58% above the relevant award, the rates of pay would sufficiently compensate for the infrequent occasions they are required to attend a call-back or work without a 10 hour break.

Time off in Lieu

We note that the Agreement does not expressly provide that accrued time off in lieu of overtime is paid on termination. However it is BOC’s practice that accrued but untaken time off in lieu is paid out on termination. The proposed undertaking confirms this. We trust that this addresses the Deputy President’s concern. If further information is required please let us know.

Casual Conversion

An undertaking is proposed in relation to the Deputy President’s concern regarding casual conversion.

We trust that the above addresses the Deputy President’s concerns. If not, we respectfully request an opportunity to address any further concerns the Deputy President may have.”

[6] On 28 June 2019 the AMWU wrote to the Commission in the light of BOC’s abovementioned response on the issues of 10 hour breaks and TIL. The AMWU’s correspondence concluded as follows:

“The AMWU respectfully suggests that the Commission should not be satisfied by either of BOC’s responses on those provisions of the proposed agreement which are addressed in this letter.”

[7] Against that background, the application was listed for a telephone hearing on 4 July 2019. At the telephone hearing Ms Katherine Aistrope of the Australian Industry Group (AiG) appeared for BOC together with Ms Samantha Ritter (Human Resources Business Partner, Operations), Mr Owen Mehaffy (CES Regional Customer Maintenance Manager) of BOC and Ms Christina Candiloro of AiG. Mr Mike Nicolaides, the AMWU’s Assistant National Secretary, appeared for the AMWU. The AWU did not attend the telephone hearing nor did it respond to correspondence regarding the telephone hearing.

[8] At the telephone hearing BOC submitted inter alia that:

  the Agreement provided an absolute entitlement to a 10 hour break for employees;

  it was extremely uncommon for employees to resume work without having had a 10 hour break, adding that it had checked its records for the last four months and identified nine occurrences where employees had resumed work without having had a 10 hour break;

  in three of those nine occurrences employees had more than a 9 hour break, in five instances employees had had more than an 8 ½ hour break, whilst in the remaining instance the employee had had less than an 8 ½ hour break;

  under the clause 40.5 of the Award a call-back which involved the employee working less than three hours was not regarded as overtime for the purposes of calculating the 10 hour break under clause 40.4 of the Award;

  under the Agreement employees had a discretion to press the 10 hour break;

  most employees accrued TIL at the rate of between 1 to 2 hours per week;

  in circumstances where an employee had up to 36 hours of accrued TIL it was the employee who decided when to take TIL, though where an employee had accrued more than 36 hours of TIL clause 16.2.1.c)iv)ii) of the Agreement provided scope for it (i.e. BOC) to direct an employee to take TIL “on designated days to reduce the balance to below 45 hours”;

  it was not aware of any employee having been directed to take TIL;

  in practice employees sought approval to build up TIL to take a block of time off;

  the rate at which TIL was paid out was higher than the ‘Agreement rate’;

  the undertakings proposed by the AMWU in respect of the 10 hour break and TIL issues were unnecessary;

  the annualised salaries provided for in the Agreement were significantly in advance of the rates of pay in the Award; and

  Level 1 employees were not required to undertake call outs, referring to the classification structure at Appendix A of the Agreement which included in the suitable competencies for a Service Technician – Level 2 the requirement to undertake CES after hours on-call and for a Service Technician – Level 3 “all listed in Service Tech – Level 2 along with those listed below” but made no reference to after hours on-call in respect of Service Technician – Level 1 employees.

[9] Key aspects of the AMWU’s submissions included that:

  BOC’s submissions that these concerns did not arise very often was somewhat at odds with the resistance which it (i.e. the AMWU) struck when raising these issues in the negotiations for the Agreement, adding that if BOC’s submissions were accurate then the undertakings it had proposed would be a relatively uncontroversial;

  employees covered by the Agreement were paid a loaded rate under the Agreement;

  there was insufficient information before the Commission to determine whether the Agreement passed the better off overall test, highlighting that it was not known how many additional hours employees worked over a roster cycle which would attract either time and a half or double time payments or how many callouts were undertaken by employees and the finishing time of those callouts;

  there was nothing in the Agreement to prevent a Level 1 employee from being required to attend a call out;

  it was not clear how often employees were directed to take TIL;

  the undertakings it had suggested would see the Agreement pass the better off overall test;

  drawing on principle 4 of the Loaded Rates Agreements 2 decision and having regard to s.186(2)(d) of the Act, it was not sufficient for BOC to simply assert the circumstances that applied in respect of the 10 hour break and TIL;

  it questioned whether the employees covered by the Agreement (i.e. Levels 1-3) were all appropriately matched to the C10 classification in the Award; and

  it acknowledged that the rates of pay in the Agreement were above those set out in the Award.

[10] At the telephone hearing the Commission sought the parties’ views regarding an undertaking in respect of clause 16.1.2. which provided in essence that employees would not be required or directed to commence work without having had a 10 hour break. BOC indicated that it would be willing to provide such an undertaking. The AMWU indicated among other things that if such an undertaking were to be provided its two primary objections to the Agreement would fall away, conceding that in those circumstances it would be unlikely that the better off overall test could not be met.

[11] On 5 July 2019 BOC proffered revised undertakings in the following terms:

“BOC Limited hereby undertakes the following in relation to the BOC Limited (CES) Enterprise Agreement 2019:

1. clause 14.4 of the Manufacturing and Associated Industries and Occupations Award 2010, casual conversion to full-time or part-time employment, will be taken to be a term of the Agreement;

2. the Employer will not require or direct employees to start work if they have not had a 10 hour break pursuant to Clause 16.1.2;

3. on termination of employment any time off in lieu accrued in accordance with Clause 16.2.1 of the Agreement which has not been taken will be paid out at a proportionate amount of the TIL Block Payment in Appendix B of the Agreement.”

[12] On 9 July 2019 the AMWU wrote to the Commission regarding the revised undertakings provided by BOC. The AMWU’s correspondence included the following:

“The undertaking newly offered by the company is perhaps helpful but it is insufficient. It sidesteps the second aspect of MA10’s sub-clause 40.4, such that there is a financial pressure placed on an employee to return to work without accessing the whole of the break available to them. The AMWU emphasises here its understanding that deductions of pay are currently made in at least one State when the 10 hour break overlaps with “ordinary hours”. At a minimum, the words “without loss of pay for ordinary hours occurring during the absence” should apply to paragraph 16.1.2 of the proposed agreement, an application that the company has consistently resisted. Lest it be objected that “ordinary time” cannot be clearly defined under the agreement because of its sub-paragraph 16.2.1(e), the proposed addition could be expanded to read something like: “without loss of pay for ordinary hours occurring during the absence, with ordinary hours to be taken as commencing at 8 AM except where there is documented evidence (such as a predetermined roster) to the contrary”.

Also at hearing on 4th July, the AMWU cited certain passages from the Full Bench decision of 28th June, 2018 concerning loaded rates within agreements ([2018] FWCFB 3610). Amongst other things, it referred to principles 3 and 4 as enunciated at paragraph [115] of that decision…

The AMWU made the point at hearing that at present there is not enough information available “concerning the working of ordinary and overtime hours by existing and prospective employees” to allow “a meaningful comparison to be made”. Nor, in the AMWU’s submission, is it consistent with the full bench’s decision to rely on employer assertions about its current and intended practices open bracket including in relation to Level 1 employees not working call backs, despite there being no prohibition on this in the proposed agreement and notwithstanding the AMWU’s concession that this is not current practice). ” (Footnotes not included)

Consideration of the issues

[13] Initially I note that the rates of pay provided for in the Agreement have been assessed by the Commission’s Agreements Team as ranging from 28.16% to 66.06% above the rates of pay specified in the Award for the equivalent classification.

[14] With regard to the 10 hour break issue, clause 16.1.2 of the Agreement reads as follows:

“Each Employee will be entitled to a break of 10 hours between the end of work on one day [inclusive of callouts] and the commencement of work on the next.”

[15] In addition, as noted above BOC has proffered the following undertaking in respect of clause 16.1.2 of the Agreement – “the Employer will not require or direct employees to start work if they have not had a 10 hour break pursuant to Clause 16.1.2”.

[16] On the other hand, the relevant aspects of clause 40 of the Award provide as follows:

“40.4 Rest period after overtime

(a) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that an employee has at least 10 consecutive hours off duty between the work of successive working days.

(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of clause 40.4, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during such absence.

(c) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at the rate of double time until the employee is released from duty for such period. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(d) By agreement between the employer and individual employee, the 10 hour break provided for in clause 40.4 may be reduced to a period of no less than eight hours.

(e) The provisions of clause 40.4 will apply in the case of a shiftworker as if eight hours were substituted for 10 hours when overtime is worked:

(i) for the purpose of changing shift rosters; or

(ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace the shiftworker; or

(iii) where a shift is worked by arrangement between the employees themselves.

40.5 Call back

An employee recalled to work overtime after leaving the employer’s enterprise, whether notified before or after leaving the enterprise, must be paid for a minimum of four hours work at the rate of time and a half for the first three hours and double time thereafter or, if a continuous shiftworker, at the rate of double time for the full period provided that:

...

(e) Overtime worked in the circumstances specified in clause 40.5 is not to be regarded as overtime for the purposes of clause 40.4 concerning rest periods after overtime, when the actual time worked is less than three hours on the call back or on each call back.” (Underlining added)

[17] From the underlined text in the Award clause set out above I note two issues. The first that clause 40.4(c) applies in circumstances where an employer ‘instructs’ an employee to resume or continue work without having had a 10 hour break and the second that clause 40.4(d) provides some flexibility to reduce the 10 hour break to no less than 8 hours by agreement.

[18] Having regard to those two aspects of the Award clause and the undertaking proffered by BOC that employees will not be required or directed to resume work without a 10 hour break, I am not satisfied that the AMWU’s concerns regarding the 10 hour breaks issue are made out.

[19] As to the AMWU’s contention regarding the Loaded Rates Agreements decision, I note that a Level 1 employee under the Agreement would if employed under the Award be paid a weekly amount of $1,112.90 (comprised of $837.40 for a 38 hour week for a C10 employee [using the Award wage rate as at 1 July 2018] + $99.18 for 3 hours at time and a half [($22.04 x 1.5) x 3] + $176.32 for 4 hours at double time [($22.04 x 2) x 4]). This compares to the lowest weekly wage for a Level 1 employee under the Agreement of around $1,294.40 for a Level 1 employee in South Australia ($67,309 ÷ 52 weeks). The above analysis points to employees better off overall under the Agreement despite the hours they are required to work. I note further that the AMWU provided no material to support the question it raised as to whether Levels 1-3 under the Agreement were appropriately matched to the C10 classification under the Award.

[20] As to the TIL issue, clause 16.2. of the Agreement provides as follows:

“16.2. Average Hours in Excess of 45 Hours Per Week

16.2.1. In the event that an employee works an average of more than 45 hours per week the following methods are available to manage this event:

a) BOC may direct another employee to undertake the work so that the average hours target is achieved.

b) The employee may take time off in lieu (“TIL”) to achieve the average hours target.

c) TIL management will operate in accordance with the following rules:

i) where accruals are between 0 - 18 hours the individual employee will determine when the TIL is taken consistent with the needs of the business.

ii) Where accruals are between 19 - 36 hours BOC will monitor the TIL accrual and suggest the person takes the TIL as soon as it practicable.

iii) Where an accrual exceeds 36 hours BOC may direct the person to take the TIL on designated days to reduce the balance to below 19 hours.

iv) In the event an Employee accrues significant TIL

I) BOC may agree with an employee to purchase outstanding TIL balances in 45 hour blocks at the value outlined in Appendix B of this Agreement.

II) BOC may direct the Employee to take the TIL on designated days to reduce the balance to below 45 hours;

d) …”

[21] Clause 40.13 of the Award provides as follows:

“40.13 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 40.13.

(c) An agreement must state each of the following:

(i) the number of overtime hours to which it applies and when those hours were worked;

(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.

Note: An example of the type of agreement required by this clause is set out at Schedule I. There is no requirement to use the form of agreement set out at Schedule I. An agreement under clause 40.13 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 40.13 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 40.13 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 40.13 as an employee record.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.”

[22] While I accept that under the Award time off instead of payment for overtime is by agreement between an employee and their employer, I note that in this case the Agreement covers 24 employees with 21 of those employees casting a valid vote in respect of the Agreement. More importantly, 18 of the 21 employees who cast a valid vote in respect of the Agreement voted to approve the Agreement 3. I further note that the Agreement at Appendix B provides for an ‘Average Hours in Excess of 45 Hours Block Payment (TIL)’ of $2,750 as at 18 January 2019. In essence this payment is the cash out value for 45 hours of accrued TIL and equates to a payment per hour of $61.11 (i.e. $2,750 ÷ 45). The hourly payment figure is well in excess of the hourly overtime payment at double time under the Award for a C10 employee, i.e. $44.08 per hour as at 1 July 2018.

[23] Having regard to the above analysis, together with BOC’s submissions that it is not aware of any employee having been directed to take TIL, I am not satisfied that the AMWU’s concerns regarding the TIL issue have been made out. Having said that I nevertheless note the AMWU’s understandable concerns regarding the hours worked by employees covered by the Agreement.

[24] For all the above reasons, and taking into account the undertakings proffered by BOC, I am satisfied that the Agreement passes the better off overall test.

[25] Finally, I note that the undertakings proffered by BOC on 5 July 2019 do not cause either financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement.

Conclusion

[26] Subject to concerns that have been addressed by way of undertakings, 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.

[27] As noted, pursuant to s.190(3), I have accepted undertakings from BOC. In accordance with s.191(1) of the Act those undertakings are taken to be a term of the Agreement. A copy of those undertakings are attached to this decision.
[28] The AMWU and AWU being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[29] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2019. The nominal expiry date of the Agreement is 18 January 2022.

Appearances:

K. Aistrope for the Applicant.

M. Nicolaides for The Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU).

Printed by authority of the Commonwealth Government Printer

<AE504557  PR710593

Telephone Hearing details:

2019.

Canberra and Melbourne:

July 4.

Annexure A

 1   MA000010

 2   [2018] FWCFB 3610 at [115]

 3   Question 2.10 of Mr Mehaffy’s Form F17 – Employer statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)

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Loaded Rates Agreements [2018] FWCFB 3610