Integrated Technology Services Pty Ltd

[2013] FWCA 6125

[2013] FWCA 6125

FAIR WORK COMMISSION

DECISION

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

Integrated Technology Services Pty Ltd
(AG2013/7355)

INTEGRATED TECHNOLOGY SERVICES PTY LTD AND TRANSPORT WORKERS UNION NEW SOUTH WALES ATM TECHNICIANS AGREEMENT 2013

Business equipment industry
COMMISSIONER BULL	SYDNEY, 26 AUGUST 2013

Application for approval of the Integrated Technology Services Pty Ltd and Transport Workers Union New South Wales ATM Technicians Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Technology Services Pty Ltd and Transport Workers Union New South Wales ATM Technicians Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 14 - Ordinary hours of work, and in particular, sub clause 14.2 provides for an ordinary span of hours between 06:00am to 23:00pm Monday to Sunday. The Business Equipment Award 2010 (the Award), being the relevant modern award for the application of the better off overall test as per s.193(1) of the Act, provides for an ordinary span of hours between 6:30am to 6:30pm, Monday to Friday, and penalty rates for time worked on a Saturday and Sunday.

[3] The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has provided a number of indicative rosters and advised that the rates of pay in the Agreement are significantly higher, and compensate for the additional increase in the span of ordinary working hours. I am satisfied that the increase in the ordinary span of hours satisfies the better off overall test.

[4] The Agreement covers those employees working as ATM Technicians employed by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[6] The Transport Workers' Union of Australia 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) I note that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 2 September 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

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