Cutler Brands Pty Ltd
[2022] FWCA 160
•20 JANUARY 2022
| [2022] FWCA 160 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cutler Brands Pty Ltd
(AG2021/9105)
Cutler Brands Pty Ltd Enterprise Agreement 2021
| Graphic Arts | |
| COMMISSIONER PLATT | ADELAIDE, 20 JANUARY 2022 |
Application for approval of the Cutler Brands Pty Ltd Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Cutler Brands Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cutler Brands Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 13 January 2022.
On 18 January 2022, 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.
The Applicant has submitted an undertaking in the required form dated 20 January 2022. The undertaking deals with the following topics:
· The reference to clause 31.1 of the Graphic Arts, Printing and Publishing Award 2020 (the Award) in clause 5.1.2 of the Agreement is corrected to a reference to clause 14.1 of the Award.
· Despite clause 6.1.2 of the Agreement, an employee who takes personal/carer’s leave, compassionate or unpaid family and domestic violence leave must provide the company with notice as soon as practicable (which may be a time after the leave has started).
· If an employee works a shift that commences at or after 4.00am and prior to 6.00am, they will receive a shift loading of 20% for the ordinary hours they work on that shift.
No bargaining representatives were appointed.
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.
As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.
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.
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 20 January 2026.
COMMISSIONER
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