Prok Conveyor Components Pty Ltd T/A Prok Conveyor Components Pty Ltd

[2020] FWCA 4122

[2020] FWCA 4122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prok Conveyor Components Pty Ltd T/A Prok Conveyor Components Pty Ltd
(AG2020/2075)

PROK CONVEYOR COMPONENTS PTY LTD BAYSWATER FACILITY ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 6 AUGUST 2020

Application for approval of the Prok Conveyor Components Pty Ltd Bayswater Facility Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Prok Conveyor Components Pty Ltd Bayswater Facility Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Prok Conveyor Components Pty Ltd T/A Prok Conveyor Components Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 July 2020.

[3] On 3 August 2020, my Chambers corresponded with the Applicant via email seeking clarification about aspects of the Agreement. The Applicant was invited to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 4 August 2020. The undertaking provides apprentices, trainees and junior employees with an entitlement to a 30% permanent night shift allowance if the apprentice, trainee or junior is under the age of 21 and during a period of engagement works night shift only, or remains on night shift for more than 4 consecutive weeks, or works on night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift each cycle.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 5 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508673  PR721601>