Transpacific Industries Pty Ltd

[2013] FWCA 7974

[2013] FWCA 7974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/10666)

TRANSPACIFIC INDUSTRIAL SOLUTIONS WOLLONGONG ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 17 OCTOBER 2013

Application for variation of the Transpacific Industrial Solutions Wollongong Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to an agreement known as Transpacific Industrial Solutions Wollongong Enterprise Agreement 2013. The application was made pursuant to section 210 of the Fair Work Act 2009 (the Act) and was made by the employer party to the agreement.

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

1. By inserting at the end of clause 14.1(b) the following additional words:

“or where RDO’s are accrued all work in excess of 8 hours per day.”

2. By inserting a clause S.11 Providing for an RDO after S.10 Shiftworkers:

S.11 Providing for an RDO

(a) In those situations where it is agreed between the employer and the employees that a rostered day off may accrue, an employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a mutually agreed time, subject to reasonable notice by either the employee or the employer and clause S.11(c) below.

(b) Alternatively an employee may elect, with the consent of the employer to take rostered days off as they accrue. Employees are able to cash in RDO’s at the ordinary time equivalent rate based upon a 7.6 hour day upon request and where agreed to by the employer, once per annum (or as otherwise agreed between the employer and employee).

(c) Employees may accrue up to a maximum of ten (10) RDO’s per year. RDO’s may be taken at a mutually agreed time, given operational requirements. However if the employer and employee cannot agree the employer may direct an employee when to take RDO(s) provided that 48 hours’ notice is given (or a shorter period if agreed between the Employer and employee).

[3] In accordance with section 216 of the Act the variation operates on and from 17 October 2013.

COMMISSIONER

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