Mayfield Industries Pty Ltd

[2019] FWCA 5779

[2019] FWCA 5779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mayfield Industries Pty Ltd
(AG2019/2750)

MAYFIELD INDUSTRIES PTY LIMITED MANUFACTURING AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 20 AUGUST 2019

Application for approval of the Mayfield Industries Pty Limited Manufacturing Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mayfield Industries Pty Limited Manufacturing Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mayfield Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 August 2019.

[3] On 15 August 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 19 August 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  The Applicant has confirmed that the default superannuation fund will be amended to “Statewide MySuper”.

•  Tool reimbursements will not be enforceable where inconsistent with ss.324 and 326 of the Act.

•  The definition of a shift worker will be for the purposes of the NES and as per clause 41.3 of the Manufacturing and Associated Industries and Occupations Award 2010.

•  Employees will be paid annual leave loading on accrued leave upon termination of employment in accordance with the NES.

•  Clause 19 and 20.5 shall not operate for the period of the Agreement.

•  Clause 21.11 of the Agreement will be amended to read as follows:

“Shift workers on shift for a period of less than 5 successive shifts will be paid for each shift at 150% for the first 3 hours and 200% thereafter.”

•  Shift workers will be paid overtime in accordance with clause 21.7 of the Agreement.

•  Clause 20.2 of the Agreement is amended to reference “clause 18” instead of “clause 17”.

•  Clause 21 of the Agreement is amended to include reference to “clause 20.6”.

[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] 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.

[8] 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 22 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504942 PR711502>