Callidus Welding Solutions Pty Ltd

[2019] FWCA 7762

[2019] FWCA 7762

FAIR WORK COMMISSION

DECISION

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

Callidus Welding Solutions Pty Ltd
(AG2019/3453)

CALLIDUS WELDING SOLUTIONS WORKSHOP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 13 NOVEMBER 2019

Application for approval of the Callidus Welding Solutions Workshop Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Callidus Welding Solutions Pty Ltd (the applicant), for the approval of an enterprise agreement known as the Callidus Welding Solutions Workshop Enterprise Agreement 2019 (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 as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided undertakings, including replacement clauses, regarding:

•  Definitions of full-time and part-time employees;

•  Non-engagement of apprentices under 16 years of age;

•  Pay rates for First Aid holders;

•  Non-engagement of salaried employees under the Agreement;

•  Rostering arrangements for employee working nightshifts; and

•  Pay rates for work performed away from an employee’s usual place of residence.

[3] The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] The views of the bargaining representatives were sought regarding the undertakings in accordance with s.190(4) of the Act. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU), being a bargaining representative for the Agreement, raised no issues with the undertakings.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

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