Transfield Services (Australia) Pty Ltd

[2014] FWCA 6907

[2014] FWCA 6907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2014/7568)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD AND AUSTRALIAN MANUFACTURING WORKERS UNION (VEHICLE DIVISION) ENTERPRISE AGREEMENT 2014 (WORKSHOPS)

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 OCTOBER 2014

Application for approval of the Transfield Services (Australia) Pty Ltd and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops).

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transfield Services (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“(a) For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.

(b) Where an employee with 12 months’ continuous service is engaged for part of the 12 month period as a seven day shiftworker, the employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.”

[3] As a result, the above undertaking is 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] 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.

[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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2014. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

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