Minova Australia Pty Limited

[2013] FWCA 1131

[2013] FWCA 1131

FAIR WORK COMMISSION

DECISION

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

Minova Australia Pty Limited
(AG2012/14311)

MINOVA AUSTRALIA CHEMICALS (NOWRA) ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 18 FEBRUARY 2013

Application for approval of the Minova Australia Chemicals (Nowra) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Minova Australia Chemicals (Nowra) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 5 - Hours of work, provides for an ordinary span of hours between 4:00am to 6:00pm. The Manufacturing and Associated Industries and Occupations Award 2010 (the Award) provides for an ordinary span of hours from 6:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in the Agreement are higher, and compensate for the additional increase in the span of ordinary working hours.

Undertakings

[3] The Commission requested information with respect to clause 5.3 - Meal break, of the Agreement and how this meets the better off overall test in regards to the taking of a meal break. Subsequently an undertaking with respect to employees taking a meal break after five hours has been provided by the Applicant.

[4] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertaking provided.

[6] The Agreement covers employees in chemical production, maintenance, warehouse, and quality control within Nowra and Mackay who would otherwise by covered by the terms of the Manufacturing and Associated Industries and Occupations Award 2010. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 25 February 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure A

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