Sound Knowledge Pty Ltd T/A Australian Camp Services

[2019] FWCA 7841

[2019] FWCA 7841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sound Knowledge Pty Ltd T/A Australian Camp Services
(AG2019/3670)

ACS ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER PLATT	ADELAIDE, 18 NOVEMBER 2019

Application for approval of the ACS Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ACS Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sound Knowledge Pty Ltd T/A Australian Camp Services. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 October 2019.

[3] On 14 October 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 through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 13 November 2019. The undertaking deals with the following topics:

•  When an employee is required to work a shift of more than six hours and up to eight hours, the employee is entitled to an unpaid meal break of no less than 30 minutes. The unpaid break may be taken no earlier than two hours after starting work and no later than six hours of starting work.

•  For a shift of more than six hours, if the employer does not release an employee for an unpaid meal break the employee will be paid at the rate of 55% of the ordinary hourly rate extra for each hour or part of an hour from six hours after the employee started work until the employer gives the employee the unpaid meal break, or until the shift ends without a break.

•  If the employer requires an employee to work more than five continuous hours after an unpaid break, the employer will give the employee an additional 20 minute paid break.

•  If the employer requires an employee to work more than two hours overtime after the employee completes their rostered hours, the employer will give the employee an additional 20 minute paid break.

•  All employees will be provided with uniform items, safety and personal protective equipment, food and beverage supplies for all meals per day, laundry facilities and supplies for personal and uniform items, all necessary equipment and tools required to perform their relevant duties and soap.

•  Section 6 ‘Incorporated Award terms’ contains typographical errors which are correct pursuant to s.586 of the Act as follows:

•  Clause 14 - Apprentices

•  Clause 23 - National Training Wage (and Schedule E to the Miscellaneous Award 2010)

•  Clause 24 - School-based Apprentices (and Schedule G)

•  The minimum rate an employee will receive when no duties are performed, such as when an employee is on paid leave, is the employee’s ordinary Award base rate of pay plus 2%.

•  An employee’s usual hours of any one shift may be up to 11.5 hours. On each engagement, full-time employees will be paid for six hours and casual employees for 2 hours of work each day. Overtime rates will be paid for hours worked in excess of eight hours per day, or where average hours in a work cycle exceed 40 hours per week.

•  Ordinary hours of work may be averaged over a period of up to four weeks over an employee’s roster cycle. Ordinary hours can be worked on any day of the week, Monday to Sunday.

•  Rostered start and finish times will be published with at least two weeks notice.

•  An employee is entitled to be absent from work on a day or part-day that is a public holiday in the place where the employee is based for work, however the employer may request an employee to work on a public holiday if the request is reasonable.

•  Evening and night shift penalties are calculated based on the standard rate of pay in clause 32.3 of the Award plus 2% - currently $23.15 per hour.

•  Employees are required to notify the employer as soon as practicable regarding being absent from a rostered/arrangement shift and will be required to provide reasonable evidence in accordance with s.107(5) of the Act.

•  Annual leave loading of 17.5% will be paid. The employer may require an employee to take paid annual leave by giving at least six weeks notice in writing for reasonable circumstances.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative 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] 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.

[8] 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 17 November 2022.

COMMISSIONER

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