Ferretti International Ottoway Pty Ltd

[2019] FWCA 1194

[2019] FWCA 1194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferretti International Ottoway Pty Ltd
(AG2018/5180)

FERRETTI OTTOWAY PTY LTD (ADELAIDE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 26 FEBRUARY 2019

Application for approval of the Ferretti Ottoway Pty Ltd (Adelaide) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ferretti Ottoway Pty Ltd (Adelaide) Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ferretti International Ottoway Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 February 2019.

[3] On 20 February 2019, 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 the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 February 2019. The undertaking deals with the following topics:

•  For the purpose of clause 18(b) of the Agreement, a shift worker will be entitled to five weeks paid annual leave per year.

•  The Applicant undertakes that accessing personal/carer’s leave will extend to a member of the employee’s immediate family or a member of the employee’s household, which is consistent with the National Employment Standards (NES).

•  The Applicant has inserted a NES precedence clause into the Agreement.

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

[6] 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.

[7] 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.

[8] The ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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