Nyrstar Port Pirie Pty Ltd T/A Nyrstar Port Pirie
[2017] FWCA 6383
•1 DECEMBER 2017
| [2017] FWCA 6383 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Nyrstar Port Pirie Pty Ltd T/A Nyrstar Port Pirie
(AG2017/5746)
Nyrstar Port Pirie Enterprise Agreement 2017
| Mining industry | |
| COMMISSIONER PLATT | ADELAIDE, 1 DECEMBER 2017 |
Application for approval of the Nyrstar Port Pirie Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Nyrstar Port Pirie Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application was made by Nyrstar Port Pirie Pty Ltd T/A Nyrstar Port Pirie (Nyrstar). The agreement is a single enterprise agreement.
The Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice pursuant to s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
On 29 November 2017 Nyrstar provided a written undertaking which provides as follows:
“I refer to the application that Nyrstar has made for approval of the above named Agreement.
During discussions and email exchanges between the parties immediately prior to the access period in early November, Nyrstar advised the parties that it would make a change to Clause 30. That change was to be consistent with a change sought by the CUC. However inadvertently the change was not included in the document that was provided to the employees and that they subsequently voted on.
Therefore Nyrstar seeks to give effect to that intended change through this letter of undertaking. Nyrstar will therefore modify the application of sub-clause (e) Evidence Requirements of Clause 30 – Personal (Sick/Carer’s) Leave, by applying the additional sentence below at the end of the paragraph as it appears in the lodged Agreement.
A certificate will not be required for two (2) absences per calendar year that are for a period of one (1) day only; unless the employee is under an Attendance Action Plan resulting from counselling in relation to attendance issues.
Therefore the evidence requirements will be applied in this manner which will be communicated to Superintendents and Team Leaders once the Agreement has been approved by the Fair Work Commission. This undertaking does not alter the entitlement to Personal Leave but deals with an aspect of the management of personal leave.”
I have sought the views of the bargaining representatives and have accepted the undertaking provided by Nyrstar. As a result, the undertaking is taken to be a term of the Agreement.
The application for approval was accompanied by a request from Nyrstar to redact Appendix 11 on the basis that it contains commercially sensitive information. I have sought the views of the bargaining representatives. The Union bargaining representatives agree to the request, Mr Daniel Chivell did not respond. Accordingly I have determined to redact the criteria table contained in Appendix 11 from the published Agreement on the basis that it contains commercially sensitive information. It is not intended that this redaction will prevent any person covered by the Agreement from obtaining a copy of the full version.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2017. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
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