Tasman Sinkware Pty Ltd
[2013] FWCA 410
•17 JANUARY 2013
[2013] FWCA 410 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Tasman Sinkware Pty Ltd
(AG2012/14219)
TASMAN SINKWARE PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2012
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 17 JANUARY 2013 |
Application for approval of the Tasman Sinkware Pty Ltd Employee Collective Agreement 2012.
[1] An application has been made for approval of an enterprise agreement known as the Tasman Sinkware Pty Ltd Employee Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasman Sinkware Pty Ltd. The Agreement is a single-enterprise agreement.
[2] The employer has provided an undertaking in the following terms:
“... I give you my undertaking that the minimum base rate for any of our Level 1 (C13) staff will be $721.50 per week, after the agreement is approved.
Classification | Role | Minimum Base Weekly Award Rate | Minimum Base Weekly Tasman Sinkware ECA 2012 Rate* |
Level 1 (C13) | Production Worker | $624.00 | $721.50 |
Level 2 (C12) | Store Person | $648.00 | $750.00 |
Level 3 (C10) | Tradesperson | $706.10 | $850.00 |
Level 4 (C9) | Production Supervisor | $728.30 | $900.00 |
* The Tasman Sinkware Base Weekly Rate includes the 2012 wage increase of $22.50 (effective after Agreement is approved)”
[3] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.
[4] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.
[5] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.
[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2013. The nominal expiry date of the Agreement is 24 January 2014.
SENIOR DEPUTY PRESIDENT
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