Cg & Da Reid Atf Reid Logging Trust T/A Reid Logging

[2023] FWCA 769

[2023] FWCA 769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cg & Da Reid Atf Reid Logging Trust T/A Reid Logging

(AG2023/412)

REID LOGGING ENTERPRISE AGREEMENT 2023

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 9 MARCH 2023

Application for approval of the Reid Logging Enterprise Agreement 2023 

1. An application has been made for approval of an enterprise agreement known as the Reid Logging Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cg & Da Reid Atf Reid Logging Trust T/A Reid Logging (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 27 February 2023.

1. On 2 March 2023, 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.

Undertaking

1. The Applicant has submitted an undertaking in the required form dated 2 March 2023. The undertaking deals with the following topics:

·  Shift worker Definition (Clause 7.1): for the purposes of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shift worker is a 7-day shift worker who is regularly rostered to work on Sundays and Public Holidays.

·  Public Holidays (Clause 8): A Public Holiday will include an entitlement to any other day or part-day declared or prescribed to be within a State or Territory, as prescribed by section 115(b) of the Act.

·  Serious Misconduct Definition (Clause 9.2.1): the definition of serious misconduct will be as per Regulation 1.07 of the Fair Work Regulations 2009 (Cth).

·  Increased Span of Hours (Clause 6.1.2): that the normal hours of operation of the business are between 3:30am and 6.00pm. Ordinary hours will be able to be performed between 3:30am and 6:30am. Employees rostered for work between 3:30am and 6.30am will be paid a penalty of 150% of the ordinary hourly rate and casual employees will be paid a penalty of 150% of the casual hourly rate.

·  Overtime Definition (Clause 6.1.4): time worked, in excess of 38 hours per week, or outside the spread of hours in 6.1.1 and 6.1.2, or in excess of 7.6 ordinary hours per day will be paid as overtime.

·  Overtime Rates (Clause 6.1.5): employees will be paid at least 0.5 hours travel per shift and at 150% of the ordinary hourly rate for permanent employees and 150% of the casual hourly rate for casual employees. Travel time will not be regarded as time worked.

·  Allowances (Clause 5.1.5): employees will be paid an all-purpose Forest allowance of $30.11 per week and First Aid allowance of $18.82 per week if applicable and these allowances will not be part of their ordinary hourly rate. These allowances will be reviewed annually in July of each year, taking into account any decision made by the Fair Work Commission as it pertains to the Timber Industry Award 2020 ("the Award") and movements in the Consumer Price Index (CPI). Work will not be scheduled in a way where employees will be eligible for any other allowances under the Award. However, in the event that work is scheduled in a way where employees become entitled to any other allowances, they will be paid those allowances in accordance with the Timber Industry Award 2020.

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

1. 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.

Approval

1. 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.

1. 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.  Despite Clause 1.4.1 of the Agreement, Section 186(5) of the Fair Work Act 2009 provides that the nominal expiry date will not be more than 4 years after the day in which the FWC approves the agreement. As a result, the agreement will have a nominal expiry date of 8 March 2027.

COMMISSIONER

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