Fielders Australia Pty Ltd

[2014] FWCA 706

[2014] FWCA 706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fielders Australia Pty Ltd
(AG2013/12158)

MILE END OPERATIONS ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 31 JANUARY 2014

Mile End Operations Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mile End Operations Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fielders Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“I wish to confirm that should employees be regularly rostered to work over the full seven days of the week, they will be entitled to an additional week of leave in accordance with Clause 6.1.1 of the Agreement, which states inter alia “Employees will be entitled to leave in accordance with the NES, Company Leave Policy, and all relevant legislation (as amended from time to time)”. A copy of the Hills Policy leave is attached for your information.

Further, I confirm it is Fielders intention for the definition of a shift worker, as detailed within the Manufacturing and Associated Industries and Occupations Award 2010 (that is “a shift worker is a seven day shift worker who is regularly rostered to work on Sundays and public holidays”) will apply to employees covered by the Agreement, for the purposes of annual leave accrual.

Please accept the above undertaking in relation to the (F16) Application for Approval of an Enterprise Agreement lodged with the FWC on 23 December 2013, in accordance with Section 190 of the Fair Work Act.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2014. The nominal expiry date of the Agreement is 15 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE406604  PR547255>