Millies Bakery (Mount Barker) Pty Ltd

[2013] FWCA 2981

[2013] FWCA 2981

FAIR WORK COMMISSION

DECISION

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

Millies Bakery (Mount Barker) Pty Ltd
(AG2013/5757)

MILLIES BAKERY ENTERPRISE AGREEMENT

Retail industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2013

Millies Bakery Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Millies Bakery Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Millies Bakery (Mount Barker) Pty Ltd. The Agreement is a single-enterprise agreement.

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

“1. ....

The Employer undertakes that the split shift provisions of the agreement will only be applicable to casual employees (outside of utilising of the flexibility provisions by agreement)

2. ....

The Employer undertakes to remunerate casual employees in accordance with Schedule 1 - Remuneration for all hours. Although it is not expected that hours will be worked outside the identified spans, if it occurs the employer will pay in accordance with the closest fit (e.g. if 7am or 7pm Saturday work is performed the casual employee will be paid the Saturday rate for those hours.

3. ....

The Employer undertakes that Schedule F (as amended and/or replaced/removed) is incorporated into this agreement.

4. ....

The Employer undertakes to accrue an additional week of annual leave for ‘shift workers’. Shiftworkers for the purposes of this agreement are seven day shiftworkers who are regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for seven days a week.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of 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 21 May 2013. The nominal expiry date of the Agreement is 20 May 2017.

SENIOR DEPUTY PRESIDENT

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