Superpartners Pty Ltd

[2010] FWA 137

[2010] FWA 137

FAIR WORK AUSTRALIA

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 12—Application to vary pre-reform or transitional award

Superpartners Pty Ltd
(C2009/11329)

SUPERPARTNERS AWARD 2004
(ODN C2004/1246)  [AP832634]

Insurance industry
COMMISSIONER SMITH	SYDNEY, 29 JANUARY 2010

Application to remove uncertainty; shift work.

[1] The following decision, now edited, was issued during proceedings conducted on 12 January 2010.

[2] This is an application to vary the Superpartners Award 2004 to remove uncertainty pursuant to Schedule 3, Item 10 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Superpartners Pty Ltd argue that the uncertainty arises in relation to the operation or otherwise of shift work.

[3] When the award was made by consent, the parties had in mind a different operation of the business and so the uncertainty arises from a change in practice. The variation is consented to by the Finance Sector Union of Australia (FSU) and I am satisfied that the power exists within the Fair Work Act 2009 to vary the award as sought.

[4] An order varying the award in the terms sought will be issued and will operate from 12 January 2010.

COMMISSIONER

Appearances:

B Davies Solicitor with A Jackson on behalf of Superpartners Pty Ltd.

G McConville with R Lowrey for the Finance Sector Union of Australia.

Hearing details:
2010.
Melbourne:
January, 12.

Printed by authority of the Commonwealth Government Printer

<Price code A, AP832634  PR992455 >