Open Innovations Pty Ltd T/A AB Chem
[2014] FWCA 7403
•21 OCTOBER 2014
| [2014] FWCA 7403 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Open Innovations Pty Ltd T/A AB Chem
(AG2014/9177)
AB CHEM OLYMPIC DAM OPERATIONS ENTERPRISE AGREEMENT 2014 - 2018
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 21 OCTOBER 2014 |
Application for approval of the AB Chem Olympic Dam Operations Enterprise Agreement 2014 - 2018.
[1] An application has been made for approval of an enterprise agreement known as the AB Chem Olympic Dam Operations Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Open Innovations Pty Ltd T/A AB Chem. The Agreement is a single-enterprise agreement.
[2] An undertaking has been provided in the following terms:
“Open Innovations undertakes to apply the following Clause in lieu of the existing Clause 11.2.1:
11.2.1 Employees (except casuals) will accrue annual leave by operation of the National Employment Standards. In summary, permanent employees receive four (4) weeks’ annual leave per annum, paid at thirty eight (38) ordinary hours pay per week of annual leave.
Employees who are continuous shift workers (defined below) will be entitled to one (1) additional week of annual leave per annum.
A continuous shift worker, for the purposes of the National Employment Standards, means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts.”
[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 1.
[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 28 October 2014. The nominal expiry date of the Agreement is 27 October 2018.
SENIOR DEPUTY PRESIDENT
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