Scott & Ensoll Pty Ltd

[2014] FWCA 1104

[2014] FWCA 1104

FAIR WORK COMMISSION

DECISION

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

Scott & Ensoll Pty Ltd
(AG2014/213)

SCOTT & ENSOLL PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 FEBRUARY 2014

Application for variation of the Scott & Ensoll Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Scott & Ensoll Pty Ltd (“the Employer”) for the approval of a variation to the Scott & Ensoll Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] On the face of the application (and more so by the terms of the variation as sought) the Employer is not seeking an extra claim, or imposing the same on its employees.

[4] The Agreement is varied as follows:

(a) In Appendix A, by amending the wage rates for casual employees, so that the wages in the Appendix correctly reflect the provisions of clause 6.3.2 (which provides that the casual hourly rate is 125% of the ordinary full time rate) and clause 16.3 (which provides that overtime for casual employees is paid at 175% or 225% - as relevant - of the ordinary full time rate).

[5] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The variation is approved and will come into operation on 18 February 2014.

[7] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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