Lobethal Abattoirs Pty Ltd T/A Lobethal Abattoirs (SA) Pty Ltd

[2019] FWCA 3860

[2019] FWCA 3860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lobethal Abattoirs Pty Ltd T/A Lobethal Abattoirs (SA) Pty Ltd
(AG2019/1395)

(THOMAS FOODS INTERNATIONAL) LOBETHAL ABATTOIRS PTY LTD MAINTENANCE TECHNICIAN ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 4 JUNE 2019

Application for approval of the (Thomas Foods International) Lobethal Abattoirs Pty Ltd Maintenance Technician Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the (Thomas Foods International) Lobethal Abattoirs Pty Ltd Maintenance Technician Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lobethal Abattoirs Pty Ltd T/A Lobethal Abattoirs (SA) Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 May 2019.

[3] On 17 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 June 2019. The undertaking deals with the following topics:

•  Clause 6.5 of the Agreement is amended to include the following at the end of the clause:

“Any such employee will be entitled to notice or pay in lieu in accordance with clause 24 of this Agreement.”

•  Clause 12.1.5 of the Agreement is amended by deleting the word “shorter” and replacing it with “3 hour”.

•  The last sentence in the introductory paragraph of clause 13 of the Agreement is replaced with the following:

“All additional hours referred to in this clause will be conducted in accordance with the criteria prescribed at s.62(3) of the Act as follows:

•  any risk to health and safety from working the additional hours;

•  your personal circumstances, including family responsibilities;

•  the needs of the workplace or enterprise in which you are employed;

•  whether you are entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

•  any notice given by the Company of any request or requirement to work the additional hours;

•  any notice given by you to refuse to work the additional hours;

•  the usual patterns of work in this industry in which you work;

•  the nature of your role and your level of responsibility;

•  whether the additional hours are in accordance with the averaging terms included under section 63 of the Act in this Agreement that apply to you;

•  any other relevant matter as is determined pursuant to the Act.”

•  Clause 19.1.1 of the Agreement is amended by deleting the words “20 days” and replacing them with “four weeks”.

•  Clause 19.1.15 of the Agreement is amended by deleting the words “but does not apply” and replacing them with “and also applies”.

•  Clause 19.3.3 of the Agreement is deleted in its entirety and replaced with the following:

“Compassionate Leave taken during a period of other leave will result in the employee’s balance to the other leave being credited by the amount of Compassionate Leave taken in accordance with this clause and in accordance with the NES”.

•  The following words are deleted from clause 23 of the Agreement, “without pay up to a maximum of ten (10) working days’ and replacing them with ‘with ordinary pay for such period as determined by the Company depending on the circumstances.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] 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.

[7] The ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)”, 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.

[8] 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.

[9] 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 4 June 2023.

COMMISSIONER

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