Tyco Australia Pty Ltd

[2014] FWCA 9289

[2014] FWCA 9289

FAIR WORK COMMISSION

DECISION

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

Tyco Australia Pty Ltd
(AG2014/10048)

TYCO AUSTRALIA PTY LIMITED TRADING AS WORMALD PORTABLE SERVICE AND SALES DIVISION ADELAIDE SA ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 DECEMBER 2014

Tyco Australia Pty Limited trading as Wormald Portable Service and Sales Division Adelaide SA Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Portable Service and Sales Division Adelaide SA Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia Pty Ltd. The Agreement is a single-enterprise agreement.

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

“1) The company undertakes in respect to Clause 14 of the South Australian Portable sales and service agreement 2014-2017 that an employee will be entitled to overtime rates prescribed by the manufacturing and Associated Industries and Occupations award 2010 once ordinary hours of work have been completed.

2) Employees will not be required to work shift work in line with Clause 41.3 of the Associated Industries and Occupations award 2010. Shift work referred to in clause 14 of the said agreement only refers to the possibility of 5 day shift work.” (sic)

[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 1.

[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 (AWU), 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 27 December 2014. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

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