Sauer's Bakehouse Pty Ltd

[2014] FWCA 3660

[2014] FWCA 3660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Sauer's Bakehouse Pty Ltd
(AG2014/1224)

SAUER'S BAKEHOUSE PTY LTD T/A SAUER'S BAKEHOUSE ENTERPRISE AGREEMENT 2012 - 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 JUNE 2014

Application for variation of the Sauer's Bakehouse Pty Ltd t/as Sauer's Bakehouse Enterprise Agreement 2012-2014.

[1] An application has been made for approval of a variation of the Sauer's Bakehouse Pty Ltd t/as Sauer's Bakehouse Enterprise Agreement 2012-2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Sauer’s Bakehouse Pty Ltd.

[2] The application seeks to vary the Agreement by inserting a new clause 13A as follows:

“13A Cashing out Personal/carer’s Leave

An employee may cash out personal/carer’s leave under the following circumstances;

(a) paid personal/carer’s leave must not be cashed out if the cashing out would result in the employee’s remaining accrued entitlement to paid personal/carer’s leave being less than 15 days; and

(b) each cashing out of a particular amount of paid personal/carer’s leave must be:

(i) by a separate agreement in writing between the employer and the employee;

(ii) at the employee’s request, which will not be refused other than for genuine operational reasons; and

(c) the employee must be paid at least the full amount that would have been payable to the employee had the employee taken the leave that the employee has forgone.”

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

The application is approved and the consolidated version of the Agreement, incorporating the variations, is attached.

DEPUTY PRESIDENT

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