Puretec Pty Ltd
[2024] FWCA 2542
•10 JULY 2024
| [2024] FWCA 2542 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Puretec Pty Ltd
(AG2024/2304)
PURETEC PTY LTD ENTERPRISE AGREEMENT 2024
| Water, sewerage and drainage services | |
| COMMISSIONER PLATT | ADELAIDE, 10 JULY 2024 |
Application for approval of the Puretec Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Puretec Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Puretec Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 1 July 2024.
On 3 July 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.
The Applicant has submitted an undertaking in the required form dated 5 July 2024. The undertaking deals with the following topics:
· Despite Clause 9.2, ordinary hours of work for shiftworkers will be averaged over a period not exceeding 28 days.
· Penalty rates and casual loading rates payable under the Agreement to casual employees will be applied to the employee’s ordinary rate of pay including the casual loading.
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.
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.
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.
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 16 July 2028.
COMMISSIONER
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