National Union of Workers v Aperio Group Australia Pty Ltd, Filmpac Division

[2011] FWA 3649

[2011] FWA 3649

FAIR WORK AUSTRALIA

RECOMMENDATION

Fair Work Act 2009
s.739—Dispute resolution

National Union of Workers
v
Aperio Group Australia Pty Ltd, Filmpac Division
(C2011/4394)

COMMISSIONER RYAN MELBOURNE, 9 JUNE 2011

Alleged dispute concerning employee to stay on afternoon shift.

[1] This dispute concerns an operational change to be made by Aperio Group Australia Pty Ltd, Filmpac Division and a requirement that the affected employee, Mr Trevor Dallas, have his rostered hours altered as a result of the operational change or be moved to another role.

[2] The parties attempted to resolve the dispute at a Conference before me on 6 June 2011.

[3] It is my recommendation that the dispute be resolved on the following bases:

• That the rostered hours of Mr Dallas not be altered as a result of this dispute;



• That Mr Dallas be moved to a position in the extrusion department (the extrusion position);



• That the rate of pay currently afforded Mr Dallas not be reduced as a result of this move; and



• That Mr Dallas not receive the benefit of future wage increases until the rate of pay payable to a Manufacturing/Production Employee Level 2 for the extrusion position (the Level 2 rate) is equal to or greater than the rate currently payable to Mr Dallas, provided that the rate payable to Mr Dallas is never lower than the Level 2 rate as it is from time to time.

[4] This Recommendation does not prevent the company from seeking to make operational changes in the future.

COMMISSIONER

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