Patrick Autocare Pty Limited

[2015] FWCA 1527

[2015] FWCA 1527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Autocare Pty Limited
(AG2015/259)

PATRICK AUTOCARE (TRANSPORT SOUTH QUEENSLAND) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 MARCH 2015

Application for approval of the Patrick Autocare (Transport South Queensland) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Autocare (Transport South Queensland) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patrick Autocare Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] In responding to a concern, raised by me via my associate, regarding the definition of shiftworkers for the purposes of the National Employment Standards (NES), the Company responded in the following terms:

“We accept that there is no definition of a shift worker in the Agreement however we accept the definition contained with the Award which is referenced in the Agreement and set out in your email.

For the purposes of annual leave provisions and the NES, a shift worker is defined as an employee who is employed on a site in which shifts are continually rostered 24 hours a day for 7 days a week and the employee is regularly rostered to work those shifts and regularly works on Sundays and public holidays.

We do not have any employees who qualify under this criteria or are asked to perform duties in line with this definition.

We hope that this clarifies any concern.

Regards,
Mark Lew
National HR & People Dev Manager - Patrick Autocare

Patrick Bulk and Automotive Port Services”

[3] I am satisfied that the information and clarification provided by the Company meet my concern.

[4] I am also satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2015. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

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