SA Pine Pty Ltd

[2018] FWCA 7117

[2018] FWCA 7117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SA Pine Pty Ltd
(AG2018/3043)

SA PINE PTY LTD ENTERPRISE AGREEMENT

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 23 NOVEMBER 2018

Application for approval of the SA Pine Pty Ltd Enterprise Agreement 2018.

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

[2] The matter was allocated to my Chambers on 11 October 2018.

[3] On 17 October 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 8 November 2018. The undertaking deals with the following topics:

•  For the purpose of clause 4.1.3, any hours of work to be performed before 6:00am or after 6:00pm will be paid at the applicable overtime rate contained in the Agreement. Further, an employee may accept or reject overtime outside of the above spread of hours.

•  For the purpose of clause 51.1, the wage rates have been revised in order to compensate for the 30 minutes of overtime applicable for a 6:00am shift commencement.

•  For the purpose of clause 7.4, an adult apprentice will be paid one level lower than the classified rate of pay for their position as a non-apprentice.

•  For the purpose of clause 81.1(e), all apprentices will receive notice of termination, the exception being apprentices terminated for serious misconduct or who are employed for a fixed term (whether that be time or task).

•  Clause 2.4 of the Agreement is expanded to include consultation provisions regarding rosters and hours of work, as per the award.

[5] A copy of the undertaking has been provided to the bargaining representative and they 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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The “Construction, Forestry, Maritime, Mining and Energy Union” (CFMMEU), 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.

[9] 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.

[10] 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 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500820 PR702481>