Trojan Workforce No 3 Pty Ltd

[2013] FWCA 1790

[2013] FWCA 1790

FAIR WORK COMMISSION

DECISION

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

Trojan Workforce No 3 Pty Ltd
(AG2013/5504)

TROJAN WORKFORCE NO 3 ASC SUPPLEMENTARY LABOUR HIRE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 MARCH 2013

Trojan Workforce No 3 ASC Supplementary Labour Hire Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Trojan Workforce No 3 ASC Supplementary Labour Hire 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 Trojan Workforce No 3 Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

1. All employees who to be covered by the proposed enterprise agreement: Trojan Workforce No 3 ASC Supplementary Labour Hire Agreement 2012 (Agreement Number AG2013/5504) (the proposed enterprise agreement) will only be working day shifts only; and

2. As such, those employees would not be considered shift workers for the purposes of the Fair Work Act 2009 (Cth) and/or the Manufacturing and Associated Industries and Occupations Award 2010.

3. In the event that employees covered by the proposed enterprise agreement are required to undertake work other than the usual day shift work on a permanent basis, then Trojan Workforce will provide the employees with the required shift allowances and additional leave entitlements in accordance with the applicable entitlements under the Fair Work Act 2009 (Cth) and the Manufacturing and Associated Industries and Occupations Award 2010.

[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 Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2013. The nominal expiry date of the Agreement is 16 June 2015.

SENIOR DEPUTY PRESIDENT

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