Cavpower Pty Ltd

[2021] FWCA 4879

[2021] FWCA 4879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cavpower Pty Ltd
(AG2021/6373)

CAVPOWER PTY LTD (OLYMPIC DAM) SERVICE AND PARTS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 11 AUGUST 2021

Application for approval of the Cavpower Pty Ltd (Olympic Dam) Service and Parts Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cavpower Pty Ltd (Olympic Dam) Service and Parts Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cavpower Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 July 2021.

[3] On 3 August 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 August 2021. The undertaking deals with the following topics:

•  Any outstanding property not returned, or costs owed by an employee to the company, will only be deducted from the final payment of monies made to the employee by the company with the employee’s written consent.

•  Apprentices will be entitled to notice of termination in accordance with the National Employment Standards (NES).

•  Employees who are dismissed for unauthorised absences may be entitled to notice in accordance with the NES.

•  The wage rates for Trade Assistants in Work Programs 2 – 4 have been amended to satisfy the better off overall test.

•  Clause 4.2.3 has been removed from the Agreement.

•  The flat rate of pay for all employees on Work Programs 2 – 4 is inclusive of all allowances, loadings and penalties (excluding casual loading as per clause 3.2.4).

•  Employees who are required to temporarily transfer to a new location (performing work which is not covered by the Agreement) will not be disadvantaged from their current rate of pay for a maximum of 28 days.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2025.

COMMISSIONER

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