L. v Dohnt and Company Pty Ltd

[2015] FWCA 2839

[2015] FWCA 2839

FAIR WORK COMMISSION

DECISION

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

L. V. Dohnt and Company Pty Ltd
(AG2015/596)

L. V. DOHNT ENTERPRISE AGREEMENT FOR OPERATIONAL EMPLOYEES BASED IN SOUTH AUSTRALIA AND VICTORIA 2014 (NON SALARIED EMPLOYEES)

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 APRIL 2015

Application for approval of the L. V. Dohnt Enterprise Agreement for Operational Employees based in South Australia and Victoria 2014 (non-salaried employees).

[1] An application has been made for approval of an enterprise agreement known as the L. V. Dohnt Enterprise Agreement for Operational Employees based in South Australia and Victoria 2014 (non-salaried employees) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by L. V. Dohnt and Company Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings which are phrased on the basis that it seeks to delete clauses 8(c) and 5 in their entirety and to replace these clauses.

[3] I have taken these undertakings to establish that the employee will apply the following clause in place of clause 8(c):

“8(c) Termination by the employer by redundancy

(1) An employee is entitled to be paid redundancy pay by the employer if the employee’s employment is terminated:

(a) at the employer’s initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

(b) because of the insolvency or bankruptcy of the employer.

In addition, Redundancy will not be payable under the following circumstances;

(a) Where an employee’s service is less than 12 months; or
(b) Where an employee is employed for a specified period of time, for a specific task or for the duration of a specified season; or
(c) A casual employee; or
(d) An employee whose employment is terminated as a result of serious misconduct; or
(e) Where a transfer or business occurs and the employee declines an offer of employment by another employer that is on terms and conditions substantially similar to the employee’s terms and conditions of employment with L. V. Dohnt and Company.

Amount of redundancy pay

(2) The amount of the redundancy pay equals the total amount payable to the employee for the redundancy pay period worked out using the following table at the employee’s base rate of pay for his or her ordinary hours of work:

Redundancy pay period

Employee’s period of continuous service with the employer on termination	Redundancy pay period
1	At least 1 year but less than 2 years	4 weeks
2	At least 2 years but less than 3 years	6 weeks
3	At least 3 years but less than 4 years	7 weeks
4	At least 4 years but less than 5 years	8 weeks
5	At least 5 years but less than 6 years	10 weeks
6	At least 6 years but less than 7 years	11 weeks
7	At least 7 years but less than 8 years	13 weeks
8	At least 8 years but less than 9 years	14 weeks
9	At least 9 years but less than 10 years	16 weeks
10	At least 11 years	12 weeks

Voluntary Redundancy Process
A voluntary redundancy process will commence with a written invitation from L. V. Dohnt and Company for expressions of interest from employees in the area where a reduction in staff is required for business purposes.

A closing date will be inserted into an expression of interest and interested employees must respond in writing by the date nominated.

To ensure that L. V. Dohnt and Company maintains the appropriate skill set and experience, it is not guaranteed that an individual’s expression of interest will be accepted by L. V. Dohnt and Company.

In circumstances where L. V. Dohnt and Company is making involuntary redundancies, expressions of interest for voluntary redundancies may not be made. This decision will be made at the discretion of the management of L. V. Dohnt and Company.”

[4] Further, that the employer will apply the following clause in place of clause 5:

“5. Probation period/New employees

Employees will complete an initial 6 month probation period.

After commencing employment, employees will be advised of the performance and behaviour standards required. During the probationary period, employees will be provided with ongoing feedback through formal and regular performance reviews.

New employees will begin at the base flat rate of $25.50 (see Part C for additional rate of pay information).

New employees employed under a Casual arrangement will be paid and remain at the rate of $28.00 including casual loading for their employment period.

Casual hours will be capped at 60 hours between Monday and Saturday.

An employee under probation not meeting L. V. Dohnt employment requirements may be terminated with one week’s notice.”

[5] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 May 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

<Price code G, AE413661  PR563440>