Victorian Petfood Processors Employment Pty Ltd

[2013] FWCA 4786

[2013] FWCA 4786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Petfood Processors Employment Pty Ltd
(AG2013/5976)

VICTORIAN PETFOOD PROCESSORS EMPLOYMENT ENTERPRISE AGREEMENT 2013

Pet food manufacturing
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2013

Application for approval of the Victorian Petfood Processors Employment Enterprise Agreement 2013.

[1] On 10 April 2013 Victorian Petfood Processors Employment Pty Ltd made an application for approval of the Victorian Petfood Processors Employment Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission has accepted the undertakings attached to this decision, which has been given by the employer. The Commission notes the amendments and replacement to clauses within the Agreement that relate to the working of ordinary hours, entitlement of part time employees to overtime, entitlement to penalty rates on a public holiday, the span of ordinary hours and the personal leave entitlements of weekly employees.

[4] The Commission is 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.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 26 July 2013. The nominal expiry date of the Agreement is 27 March 2017.

COMMISSIONER

ATTACHMENT A

ABN 76162159293

Knackery Road, Camperdown, VIC 3260

PH. 03) 5593 1986

17^th July 2013

Commissioner Johns

Fair Work Australia

11 Exhibition Street

Melbourne, 3001

Re: AG2013/5976 - Application for approval of the Victorian Petfood Processors Employment Enterprise Agreement 2013

Dear Commissioner Johns,

Victorian Petfood Processors Employment Pty Ltd (VPPE) gives an undertaking that the following clauses of the Victorian Petfood Processors Employment Enterprise Agreement 2013 will be amended and replaced with the wording specified in the following clauses:

12. Ordinary hours of work

a) The ordinary hours of work for full time employees are an average of 38 per week but not exceeding 152 hours in 28 days. An employee may be engaged to work on a part-time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.

b) A part-time employee must be engaged for a minimum of three consecutive hours a shift. In order to meet their personal circumstances, a part-time employee may request and the employer may agree to an engagement for less than the minimum of three hours.

i) Before commencing part-time employment, the employee and employer must agree in writing:

a) On the hours to be worked by the employee, the days on which they will be worked and the commencing and finishing times for the work;
b) The terms of the agreement in clause 12.b) may be varied by consent in writing.

ii) A part-time employee who is required by the employer to work in excess of the hours agreed under clause 12.b) must be paid overtime in accordance with clause 13.

c) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.
d) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or, in appropriate circumstances, between the employer and an individual employee.
e) Any work performed outside the spread of hours must be paid for at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work.
f) Where agreement is reached in accordance with clause 12.b), the rate to be paid to an employee for ordinary time worked between midnight on Friday and midnight on Saturday is 150% and/or the rate to be paid to a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday is 200%.
g) An employee required to work on a public holiday must be paid for a minimum of three hours work at the rate of 250%. The 250% rate must be paid to the employee until the employee is relieved from duty.

h) Any alteration to the starting times prescribed herein shall be determined through consultation with the employer and employees.

i) The starting times referred to in this Agreement may be staggered for different tasks in departments. An employee will be advised at least the day before if their starting time is temporarily changed.

j) There will be seven (7) days notice for a permanent change to the departmental starting times of the usual hours of work.

k) Expect as elsewhere provided by this Agreement, any hours worked outside the spread of an employee’s usual hours of work must be paid at the relevant overtime rates.

l) The ordinary hours may vary from employee to employee and from section to section within the Agreement, by agreement between the Company and the employee(s).

20. Personal Leave

a) A weekly employee who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity (excluding illness or incapacity resulting from injury with the Workers Compensation Act, received in the said employment not due to his/her own serious and wilful misconduct) shall be entitled to be paid for such non-attendance the amount of his/her ordinary time rate of pay, subject to the following:

i); ii); iii); iv); v)

Mr John Roland Mark Rivett

Director

Victorian Petfood Processors Employment Pty Ltd

Ph. 03) 5593 1986

Email [email protected]

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