Davey Labour Hire Pty Ltd

[2015] FWCA 4522

[2015] FWCA 4522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Davey Labour Hire Pty Ltd
(AG2015/3649)

DAVEY LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 JULY 2015

Application for variation of the Davey Labour Hire Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Davey Labour Hire Pty Ltd for the approval of a variation to the Davey Labour Hire Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

A. By replacing sub-clause 5(a) as below:

(a) This Agreement incorporates the terms of the Manufacturing and Associated Industries and Occupations Award 2010 as varied from time to time. Employees covered by this Agreement are therefore entitled to overtime, penalty rates, Public Holidays, allowances etc. in accordance with the relevant terms of the Manufacturing and Associated Industries and Occupations Award 2010.

B. By replacing clause 10 as below:

10. SUPERANNUATION

The subject of superannuation is dealt with extensively by a legislative regime including but not limited to: the Superannuation Guarantee (Administration) Act 1992 (Cth); the Superannuation Guarantee Charge Act 1992 (Cth); the Superannuation Industry (Supervision) Act 1993 (Cth); and the Superannuation (Resolution of Complaints) Act 1993 (Cth). This legislation, as varied from time to time, governs the superannuation rights and obligations of the Parties.

The Parties agree that contributions required to be made by the Employer for each Employee will not be less than those specified under the provisions of the Superannuation Guarantee (Administration) Act 1992 (Cth), as amended from time to time.

The Parties agree that Employer contributions in accordance with the previous paragraph, plus other Employer contributions, including those made under salary sacrifice arrangements, will be made each quarter to the Employee’s nominated superannuation fund.

The Employee nominates their superannuation fund by giving the Employer a completed Choice of Fund form which is provided to the Employee in the Employee’s Induction Pack at the commencement of employment. All details on this Choice of Fund form must be completed to be accepted.

In the event an Employee fails to nominate a superannuation fund within 28 days of receiving the Choice of Fund form, then the Employer will forward the Employee’s relevant superannuation contribution into the Employer’s default fund, AustralianSuper Pty Ltd, which is a complying superannuation fund under the Superannuation Industry (Supervision) Act 1993 (Cth).

In the event an Employee wishes to change their choice of superannuation fund during their employment, then the Employee is to give the Employer a completed Choice of Fund form with the new nominated superannuation fund details. All details on this Choice of Fund form must be completed to be accepted. An Employee can ask the Employer for this Choice of Fund form to complete.

The Employer will also make such arrangements that are necessary to facilitate an Employee making voluntary contributions to the Employee’s nominated superannuation fund by means of wage / salary deduction.

The Employer will include in its pay advice to Employees the name of their superannuation fund and the amount of the Employer’s contributions paid in accordance with this clause.

C. By replacing clause 12 as below:

12. CONSULTATION

The Parties to this Agreement will consult about major workplace change in accordance with the requirements of clause 9.1 of the Manufacturing and Associated Industries and Occupations Award 2010.

The Parties to this Agreement will consult about changes to Employee’s regular rosters or ordinary hours of work in accordance with the requirements of clause 9.2 of the Manufacturing and Associated Industries and Occupations Award 2010.

D. At the end of clause 19.1, by adding the below paragraph:

The Employer accepts the requirements of the Fair Work Act 2009 (Cth) that an Employee may refuse to work additional hours (beyond 38 hours per week) as set out in section 62(1) of the Fair Work Act 2009 (Cth). The Employer has agreed to the RDO system to offer improved job security to Employees covered by this Agreement.

E. By replacing clause 20.2 as below:

20.2 Wage rates for both full time and casual Employees will be reviewed during the life of the Agreement. Any wage rate increases will be at the sole discretion of the Employer. The Employer will review Employee wage rates each January and July during the life of this Agreement to ensure that the rates of pay being received by Employees exceed the requirements of the Manufacturing and Associated Industries and Occupations Award 2010, factoring in any Award increases awarded by the Fair Work Commission during the life of the Agreement.

[4] The variation is approved and will come into operation on 6 July 2015.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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