Central Irrigation Pty Ltd - The Trustee for Central Irrigation Trust T/A Central Irrigation Trust

[2018] FWCA 7660

[2018] FWCA 7660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Irrigation Pty Ltd - The Trustee for Central Irrigation Trust T/A Central Irrigation Trust
(AG2018/4597)

CIT ENTERPRISE AGREEMENT 2018

Water, sewerage and drainage services
COMMISSIONER PLATT	ADELAIDE, 18 DECEMBER 2018

Application for approval of the CIT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CIT ENTERPRISE AGREEMENT 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Central Irrigation Pty Ltd - The Trustee for Central Irrigation Trust T/A Central Irrigation Trust. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 November 2018.

[3] On 28 November 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 December 2018. The undertaking deals with the following topics:

•  Shift workers will not be employed for the duration of the agreement.

•  Clause 1.3.1 is varied to the extent that the agreement will commence 7 days after the date on which the Agreement is approved.

•  Clause 7.3.3 will be subject to any restrictions contained in s.321 of the Fair Work Act 2009 (Cth).

•  Clause 2.5.3 will be amended as follows:

“Where an employee requests to undertake non-essential training which may be useful for professional or career development the employee and the employer may agree to share the cost and time.

•  For the purpose of clause 4.1.1.2, the Employer undertakes that ordinary hours of work will be worked on any day from Monday to Friday inclusive, but will not be worked on a public holiday.

•  Clause 3.2.1 will be amended as follows:

“At the time of engagement the employer and the part time employee will agree in writing on a regular pattern of work, specifying the hours worked each day, which days of the week the employee will work and the actual employee starting and finishing times.

The employer is required to roster a part time employee for a minimum of three consecutive hours on any shift.

A part time employee employed under this Agreement must be paid for the ordinary hours worked at a rate of 1/38 of the weekly rate prescribed in Schedule 1 of the Agreement for the work performed.

All time worked in excess of the hours agreed or varied as agreed will be overtime and paid as overtime specified in 4.2 of the Agreement.”

[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 that responded supported 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] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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