Glen Cameron Nominees Pty Ltd

[2018] FWCA 6081

[2018] FWCA 6081

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Glen Cameron Nominees Pty Ltd

(AG2018/2671)

Glen Cameron Nominees Pty Ltd South Australian Enterprise Agreement 2018 - 2022

Road transport industry
Commissioner Platt	ADELAIDE, 2 OCTOBER 2018

Application for approval of the Glen Cameron Nominees Pty Ltd South Australian Enterprise Agreement 2018-2022.

1. An application has been made for approval of an enterprise agreement known as the Glen Cameron Nominees Pty Ltd South Australian Enterprise Agreement 2018-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Glen Cameron Nominees Pty Ltd. The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 7 September 2018.

1. On 13 September 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 26 September 2018. The undertaking deals with the following topics:

·   Clause 33(5) and 44(4) will have no effect for the life of the Agreement.

·   Clause 8 is amended to include:

“Notwithstanding anything contained in this clause, the Agreement can only be varied in accordance with the relevant provisions of the Fair Work Act 2009 (Cth)”.

·   Clause 52 is amended to include:

“Notwithstanding anything contained in this clause, the operation of this clause is not intended to limit in any way the ability of either the employer or the employee to make an application to the FWC to have this Agreement varied in circumstances where a variation to this Agreement has been made.”

·   Clause 12 is amended to include:

“Notwithstanding anything contained in this clause an employee terminated during their probationary period will be, other than where the employee is terminated for serious misconduct, be entitled to the notice period as set out in clause 30 of this Agreement”.

·   Clause 22 is amended to comply with the National Employment Standards.

·   In clause 31 the words “…without notice” are deleted.

·   Clause 32 is amended as follows:

“The Company may stand down its employees during a period in which the employee cannot be usefully employed because of one of the following circumstances:

(a)   industrial action (other than industrial action organised or engaged in by the Company);

(b)   a breakdown of machinery or equipment, if the employer cannot reasonably be held responsible for the breakdown;

(c)   a stoppage of work for any cause for which the Company cannot be held responsible”.

·   Clause 20(2)(a) is amended as follows:

“Time will accrue towards a rostered day off. Ordinary hours will be 7.6 hours per day, and after completion of a 8 hour work day overtime rates will apply as per the Road Transport and Distribution Award 2010.”

1. As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

1. A copy of the undertaking has been provided to the employee bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The employee bargaining representative that responded supported the undertaking.

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 from the date of approval of the Agreement. The nominal expiry date is 9 October 2022.

COMMISSIONER

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