Cavill Power Products Pty Ltd

[2013] FWCA 8799

[2013] FWCA 8799

FAIR WORK COMMISSION

DECISION

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

Cavill Power Products Pty Ltd
(AG2013/9764)

CAVILL POWER PRODUCTS PTY LTD (WHYALLA) MECHANICAL TRADES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 8 NOVEMBER 2013

Application for approval of the Cavill Power Products Pty Ltd (Whyalla) Mechanical Trades Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cavill Power Products Pty Ltd (Whyalla) Mechanical Trades 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 Cavill Power Products Pty Ltd. The Agreement is a single-enterprise agreement.

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

“Annual leave for ‘shift workers’

1. To avoid doubt, any employees who meet the definition of shift worker defined in sub-clause 41.3 of the Manufacturing and Associated Industries and Occupations Award 2010 (Award) will accrue additional annual leave in accordance with the Award (and the National Employment Standards) in the Act.

Minimum Payment for Trades Assistant Working Night Shift

2. All employees engaged in the classification of Trades Assistant (TA) will, for night shift worked on any Work Plans (in Appendix A ‘Wages and Allowances’ in the Agreement), be paid at the minimum classification of Level 1a, and not at the classification level of TA.”

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2013. The nominal expiry date of the Agreement is 31 August 2017.

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