Vector Technologies (Australia) Pty Ltd

[2018] FWCA 6817

[2018] FWCA 6817[Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vector Technologies (Australia) Pty Ltd
(AG2018/3300)

VECTOR TECHNOLOGIES (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 6 NOVEMBER 2018

Application for approval of the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Vector Technologies (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 October 2018.

[3] On 31 October 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 31 October 2018. The undertaking deals with the following topics:

•  Clause 4.6.3 is modified to include a new clause 4.6.4 which ensures leave entitlements are paid in accordance with the National Employment Standards (NES).

•  Clause 4.7.3(b) is deleted.

•  For the purposes of clause 5.2 of the Agreement, the dollar value of allowances shall be increased in line with any increase to the equivalent Modern Award allowances.

•  Clause 6.2.1 is replaced with the following:

“6.2.1 Definitions

For the purposes of this Agreement:

“Shift” means any shift of which the employee concerned had has at least 48 hours notice.

“Afternoon Shift” means any shift finishing after 6.00 pm and at or before midnight.

“Night Shift” means any shift finishing after midnight and at or before 8.00 a.m. ”

•  Clause 6.4.1(c) is replaced with the following:

“c) When computing overtime, the hourly rate is the relevant hourly rate for the employee’s classification per Schedule A.1 or Schedule A.2 (whichever schedule is relevant to the individual).”

•  Clause 6.4.1(g) is replaced with the following:

“A Part-time Employee – Overtime

g) A part-time Employee who is required by Vector Technologies (Australia) Pty Ltd to work in excess of their normal hours agreed upon in accordance with clauses 4.4.4(a) and 4.4.5, will be paid the relevant overtime rate for any additional hours in accordance with the provision of clause 6.4 – Overtime.”

•  Schedule A.1 and A.2 are replaced with the Schedule A.1 and A.2 attached to the undertaking.

[5] A copy of the undertaking has been provided to the employee bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The employee bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 July 2020.

COMMISSIONER

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