Bureau Veritas International Trade Australia Pty Ltd

[2013] FWCA 7109

[2013] FWCA 7109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Bureau Veritas International Trade Australia Pty Ltd
(AG2013/2795)

BUREAU VERITAS INTERNATIONAL TRADE AUSTRALIA PTY LTD - NSW PREPARATION SAMPLERS AND LABORATORY EMPLOYEES ENTERPRISE AGREEMENT 2011 - 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 SEPTEMBER 2013

Application for variation of the Bureau Veritas International Trade Australia Pty Ltd - NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2011 - 2013.

[1] An application has been made for a variation to an enterprise agreement known as the Bureau Veritas International Trade Australia Pty Ltd - NSW Preparation Samplers and Laboratory Employees Enterprise Agreement 2011 - 2013 (the Agreement). The agreement is a single enterprise agreement. This application was made by Bureau Veritas International Trade Australia Pty Limited pursuant s.210 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for variation have been met.

[3] In accordance with s.210 of the Act, the Agreement is varied as follows:

1. By deleting clause 16(iv) - Hours of Work and inserting the following:

“(iv) Continuous Shiftwork - 7 Day 12 hour Roster

While the current operation does not work under a continuous shift arrangement, during the life of this Agreement such arrangement may be introduced at Singleton or in the Mayfield West Preparation Shed, subject to the conditions hereunder. For the purpose of clarity, the Company will not seek to introduce continuous shiftwork at Unanderra, or within the Mayfield West laboratory.

The introduction of a 7 day 12 hour roster at the Mayfield West Shed is able to occur with the agreement of the majority of permanent Shed employees (excluding supervisors) and the Union on the terms and conditions to apply. The introduction of a 7 day 12 hour roster at the Singleton Branch is able to occur with the agreement of the majority of Singleton Branch employees covered by this Agreement and the Union on the terms and conditions to apply. The bargaining/negotiations are to occur in good faith and should the matter not be able to be resolved by agreement, then the matter can be determined (i.e. the form of the 7 day roster and the terms and conditions to be applied) by Fair Work Australia.”

[4] The variation to the Agreement is approved and will operate from 19 September 2013.

[5] A copy of the consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

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