Pandrol Australia Pty Limited

[2013] FWCA 917

[2013] FWCA 917

FAIR WORK COMMISSION

DECISION

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

Pandrol Australia Pty Limited
(AG2012/14487)

PANDROL AUSTRALIA PTY. LIMITED PLASTICS PLANT GIBBON ROAD WINSTON HILLS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Pandrol Australia Pty. Limited Plastics Plant Gibbon Road Winston Hills Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pandrol Australia Pty. Limited Plastics Plant Gibbon Road Winston Hills 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 Commission wrote to the Applicant’s representative, requesting an undertaking with respect to clause 5.1 - Annual Leave, and in particular, that shift workers will be entitled to five weeks of paid annual leave, in accordance with s.87(1)(b)(ii) of the Act. The Applicant’s representative subsequently advised that the Agreement contains a definition of “continuous shift” at clause 1.4. This definition in conjunction with clause 1.6 of the Agreement is intended to define shiftworkers for the purposes of the entitlement to additional annual leave under the Act.

Undertakings

[3] An undertaking with respect to Part 8 - Grievance and dispute procedures, applying to any disputes that arise under the National Employment Standards, 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] The Agreement covers all employees engaged at the company’s workplace at 1 Gibbon Road Winston Hills NSW and who are engaged in the classifications of trainee, operator, quality inspector/team leader and tradesperson/diesetter. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[6] 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.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 15 February 2013. The nominal expiry date of the Agreement is 15 December 2015.

COMMISSIONER

Annexure A

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