Tasmanian Dairy Products Co Ltd

[2013] FWCA 2431

[2013] FWCA 2431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tasmanian Dairy Products Co Ltd
(AG2013/919)

TASMANIAN DAIRY PRODUCTS CO LTD AND AWU GREENFIELDS AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 24 APRIL 2013

Application for variation of the Tasmanian Dairy Products Co Ltd and AWU Greenfields Agreement 2012.

[1] An application has been made for approval of a variation of the Tasmanian Dairy Products Co Ltd and AWU Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the employer party to the Agreement.

[2] I am satisfied that each of the relevant requirements of ss.210 and 211 of the Act have been met. I approve the variations which are as follows:

1. Delete the provisions of clause 15.4.1 and insert in lieu thereof the following;

“15.4.1 For afternoon and night shifts, employees shall receive an allowance of 15% additional to the wage prescribed in clause 13.1 for their particular classification.”

2. Insert at the end of clause 22.3 the following;

“The extra rate is in substitution for and not cumulative upon the shift work allowances prescribed by clause 15.”

3. Insert a new sub clause 32.9 which reads as follows;

“When any public holiday, as described in clause 32.1, occurs on a shift worker’s rostered day off, he/she shall be given, within four weeks following the date on which such holidays occurred, one of the following:

(a) one extra days payment; or

(b) equal time off in lieu hereof; or

(c) one day shall be added to his/her annual leave.”

[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation operates on and from the date of this decision.

COMMISSIONER

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