Rivet Energy Aviation Pty Ltd

[2019] FWCA 656

[2019] FWCA 656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivet Energy Aviation Pty Ltd
(AG2018/4880)

RIVET ENERGY AVIATION PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 13 FEBRUARY 2019

Application for approval of the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rivet Energy Aviation Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 January 2019.

[3] On 17 January 2019, 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 the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 31 January 2019. The undertaking deals with the following topics:

•  At clause 1.5 of the Agreement, the definition of a casual employee will be included:

“A casual employee is an employee who is not engaged on a regular or systematic basis.”

•  Clause 2.1, row 3 of the Agreement is replaced with the following:

“Casual 25% loading at CHR for refuelling or terminal activities for work undertaken Monday to Friday both day and night shift and Saturday day shift. 75% loading at CHR for work undertaken on Saturday night, Sunday both day and night and all work undertaken on Public Holidays.”

•  The Applicant undertakes that shift workers will accrue 5 weeks of annual leave per year and a full-time employee will accrue 4 weeks of annual leave per year.

•  Personal leave entitlements contained at clause 2.8 will be consistent with the National Employment Standards (NES).

•  Compassionate leave entitlements contained at clause 2.9 will be consistent with the NES.

•  The operation of clause 3.3 will be subject to s.324, 325 and 326 of the Act.

•  The following sentence contained at clause 3.4, paragraph 3 is deleted:

“Where half day holiday has been Gazetted, then four hours at the CHR will be paid”.

•  Clause 4.3 of the Agreement, paragraph 1 will be amended as follows:

“Staff working as part of a full-time shift roster (i.e. excluding permanent part-time or casuals) will be provided a minimum of 7 hours’ work per shift. If there is insufficient refuelling or storage related tasking, the Operator will be provided alternate duties. Operators are not permitted to depart their place of employment before completing 7 hours work without the explicit approval of the Aviation Manager or their approval delegate.”

•  In relation to clause 5.2, which concerns loss of license, at the Applicant’s discretion, an Operator may be employed on other duties on their common hourly rate as detailed at clause 2.2.

[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 “Transport Workers' Union of Australia (TWU)”, 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 from the date of approval of the Agreement. The nominal expiry date is 20 February 2022.

COMMISSIONER

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