Klinge & Co Pty Ltd

[2013] FWCA 1476

[2013] FWCA 1476

FAIR WORK COMMISSION

DECISION

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

Klinge & Co Pty Ltd
(AG2013/4902)

KLINGE & CO PTY LTD (OLYMPIC DAM OPERATIONS) ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 8 MARCH 2013

Application for approval of the Klinge & Co Pty Ltd (Olympic Dam Operations) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Klinge & Co Pty Ltd (Olympic Dam Operations) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Klinge & Co Pty Ltd. The Agreement is a single-enterprise agreement.

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

“1. In the event of any future change to roster to provide employees covered by the agreement 7 days notice of any intended roster change together with a comprehensive financial analysis which demonstrates that the remuneration and conditions of the changed roster are more favourable overall when compared to the modern award.

2. All employees under the agreement are engaged on the basis that the Point of Hire is Roxby Downs.”

[3] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of the 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2013. The nominal expiry date of the Agreement is 15 March 2017.

SENIOR DEPUTY PRESIDENT

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