Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions

[2014] FWCA 8760

[2014] FWCA 8760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fenner Dunlop Australia Pty Ltd T/A Fenner Dunlop Engineered Conveyor Solutions
(AG2014/10143)

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 DECEMBER 2014

Application for variation of the Fenner Dunlop (Revesby) Agreement 2013.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Fenner Dunlop Australia Pty Ltd (“the Employer”) for the approval of a variation to the Fenner Dunlop (Revesby) 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:

1. At Clause 25.1 Ordinary hours of work - day workers delete subclause (f).

2. By deleting Clause 25.2 Ordinary rostered hours of work and inserting the following:

Clause 25.2 Ordinary rostered hours of work

The hours of work will be determined by the Employer and may be changed from time to time. The current normal hours of work are:

Morning Shift: 6am to 4pm, Monday – Thursday

Night Shift: 6pm to 4am, Monday – Thursday

3. At clause 36.1 Entitlement, add a new subclause 36.1.1 in the following terms:

36.1.1 Day in Lieu for Public Holidays on a Non-Rostered Week Day

Should a Public Holiday listed in clause 36 .1 fall on week day that is not part of the ordinary rostered hours as outlined in clause 25.2, a day in lieu of the Public Holiday will be provided to employees on an alternate rostered work day as determined by the Company. The Company will provide employees with a minimum of 4 weeks’ notice as to the nominated day in lieu.

4. By deleting Clause 37 Rostered Days off

5. By deleting Clause 40.1 Meal Breaks and inserting the following:

Clause 40.1 Meal Breaks

All meal breaks will be taken on a rostered basis to be kept in operation with available labour.

Workers who work for 10 normal hours will be allowed a 30 minute unpaid meal break which will be taken during the 10 normal hours of work in accordance with clause 28.

6. By deleting Clause 40.2 Rest times and inserting the following:

40.2 Rest times

Two separate rest periods of fifteen (15) minutes each shall be provided to all employees. One rest break will be provided in the first half of each shift, and the other will be provided in the second half of the shift at a time fixed by the employer. The time of taking the rest period may vary, at the option of the employer, between employees. Employees shall not leave the department or section in which they are employed without the consent of the employer.

[4] A statutory declaration has been lodged by the National Union of Workers, an organisation covered by the agreement, in support of the variation.

[5] The variation is approved and will come into operation on 5 December 2014.

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

DEPUTY PRESIDENT

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