Bundy Tubing Company (Australia) Pty Ltd T/A TI Automotive

[2014] FWCA 3726

[2014] FWCA 3726

FAIR WORK COMMISSION

DECISION

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

Bundy Tubing Company (Australia) Pty Ltd T/A TI Automotive
(AG2014/1152)

TI AUTOMOTIVE AUSTRALIA - KILBURN WORKPLACE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 JUNE 2014

Application for approval of the TI Automotive Australia - Kilburn Workplace Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the TI Automotive Australia - Kilburn Workplace Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bundy Tubing Company (Australia) Pty Ltd T/A TI Automotive Australia. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“In accordance with section 196 of the Act the parties agree that for the purpose of the annual leave provisions under the National Employment Standards the Company undertakes to apply the definition of “shiftworker” contained within the Manufacturing and Associated Industries and Occupations Award 2010 (the Award).

The Award provides the following definition of shiftworker at clause 41.3:

41.3 (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.

It is the intention of the parties to adopt the same definition for the purpose of determining whether an employee is entitled to five weeks of paid annual leave or not.”

[3] 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (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) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2014. The nominal expiry date of the Agreement is 1 March 2018.

SENIOR DEPUTY PRESIDENT

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