Silliker Australia Pty Ltd

[2018] FWCA 6600

[2018] FWCA 6600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silliker Australia Pty Ltd
(AG2018/1692)

SILLIKER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Scientific services
COMMISSIONER JOHNS	SYDNEY, 26 OCTOBER 2018

Application for approval of the Silliker Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Silliker Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silliker Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) raised an issue in relation to the undertaking provided by the Employer, specifically the wording in clause 13.4 of the undertaking and how public holiday work performed by shift workers prior to 6pm will be paid under the Agreement. Clause 13.4 of the undertaking specifically relates to work after 6pm and confirms that the public holiday rates in clause 18 are paid in substitution for shift allowances. Clause 18.6 of the Agreement provides that shift workers required to work on a public holiday are paid their normal ordinary hourly rate of pay (excluding shift allowance) plus time and one half the ordinary pay for the approved time in attendance. This clause also provides a minimum of four hours is paid. I am satisfied that clause 13.4 of the undertakings does not conflict with clause 18.6 of the Agreement. In either case, the minimum payment for any work performed on a public holiday by a shift worker (regardless of the time) is the normal ordinary hourly rate of pay (excluding shift allowance) plus time and one half of the ordinary hourly rate of pay.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2018. The nominal expiry date of the Agreement is 25 October 2020.

COMMISSIONER

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Annexure A