Dunbrae Pty Ltd T/A Global Facilities Maintenance and Allied Hardware

Case

[2022] FWCA 4224

2 DECEMBER 2022


[2022] FWCA 4224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dunbrae Pty Ltd T/A Global Facilities Maintenance and Allied Hardware

(AG2022/4906)

Dunbrae Pty Ltd WA/SA Branch Enterprise Agreement 2022

Manufacturing and associated industries

COMMISSIONER PLATT

ADELAIDE, 2 DECEMBER 2022

Application for approval of the Dunbrae Pty Ltd WA/SA Branch Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Dunbrae Pty Ltd WA/SA Branch Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dunbrae Pty Ltd T/A Global Facilities Maintenance and Allied Hardware (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 30 November 2022 and was determined on the papers.

  1. The Applicant has submitted an undertaking in the required form dated 1 December 2022. The undertaking deals with the following topics:

·   The minimum engagement period for part-time and casual employees will be four hours, except where the employee requests and the employer agrees to an engagement of no less than three consecutive hours.

·   The agreement to a part-time employee’s hours on engagement will include the hours of work, the days on which they are to be worked, and the starting and finishing times. Any variation to this agreement will be recorded on writing.

·   The reference to an agreement between the employer and an employee in clause 11 of the Agreement is taken to be a reference to a genuine agreement.

·   An employee who works non-successive afternoon shifts will be paid for each shift 150% of the ordinary hourly rate for the first three hours and 200% of the ordinary hourly rate for the remaining hours.  

  1. No bargaining representatives were appointed.

  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.

  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. The nominal expiry date is 1 December 2026.


COMMISSIONER

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