PQ Australia Pty Ltd

[2015] FWCA 1300

[2015] FWCA 1300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

PQ Australia Pty Ltd
(AG2015/1918)

PQ AUSTRALIA CERTIFIED AGREEMENT/AWU INDUSTRY CERTIFIED AGREEMENT 2011

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 26 FEBRUARY 2015

Application for variation of the PQ Australia Certified Agreement/AWU Industry Certified Agreement 2011.

[1] An application has been made for approval of a variation of the PQ Australia Certified Agreement/AWU Industry Certified Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by PQ Australia Pty Ltd.

[2] The variations to the Agreement are annexed to this decision.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 26 February 2015.

[5] A consolidated version of the Agreement is attached to this decision.

ANNEXURE A

Variation of PQA-AWU 2011 Agreement

Document Changes:

● Title on opening page includes the word “Variation” at the end although Agreement title remains the same.
● Clause 4:
○ notes the change in name the of the regulatory body to Fair Work Commission (FWC) where previously it was known as Fair Work Australia (FWA)
○ Agreement is for a further year beyond the term of the existing agreement, which will now be until 30^th June 2015.
○ Intention is to negotiate a new agreement from March 2015
● Clause 7:
○ Part (a) Pay rate column added noting period from 1/7/2014 with 3.8% pay increase and applicable pay rates by work classification
○ Part c) notes the indexed adjustments applicable to bonus payments for production and EBITDA scales
○ Part (d) notes indexed adjustments to Confined Space and Meal Allowances
● Clause 19:
○ Includes undertaking agreed by PQA / AWU as directed by the Commission in 2012. See attached list of undertakings
● Clause 22:
○ Includes insertion of 2 undertakings from Commission at last agreement approval
○ 2^nd paragraph p.18; notes the change in name the of the regulatory body to Fair Work Commission (FWC) where previously it was known as Fair Work Australia (FWA)
● Clause 42:
○ Includes insertion of undertaking from Commission at last agreement approval
● Clause 44: removed
● Clause 45 now becomes Clause 44

Printed by authority of the Commonwealth Government Printer

<Price code G, AE891886  PR561352>