Winkle Shopfitters Pty Ltd

[2018] FWCA 7311

[2018] FWCA 7311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winkle Shopfitters Pty Ltd
(AG2018/3033)

WINKLE SHOPFITTERS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 11 DECEMBER 2018

Application for approval of the Winkle Shopfitters Pty Ltd Enterprise Agreement 2018.

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

[2] The matter was allocated to my Chambers on 9 November 2018.

[3] On 23 November 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 4 December 2018. The undertaking deals with the following topics:

•  The Agreement is to be read and interpreted in conjunction with the National Employment Standards (NES). In the event of any inconsistency arising between the Agreement and the NES, and the NES provides the greater benefit, the NES provisions will apply to the extent of any inconsistency.

•  For the purpose of clause 1.5, the reference to “life” will be read as “nominal life”.

•  For the purpose of clause 20.1, the reference to “20 days” of annual leave will be read as “four weeks”.

•  A table containing the new rate of pay for apprentices is inserted into the Agreement.

•  The employer undertakes to supply tools for apprentice use.

•  Part-time employees will be entitled to a minimum engagement of three consecutive hours per shift.

•  The minimum weekday engagement for causal employees who are labourers will be 6.25 hours, and for tradesperson, 6.5 hours.

•  An employee who is required to work on a public holiday will be provided with at least four hours of work (or payment for four hours work).

•  For the purpose of clause 14.2, the payment of double time after 7:00pm will continue until the employee is released from duty.

•  A “shift worker”, for the purpose of accruing an additional week of leave, is a worker who is regularly rostered to work ordinary hours on Sundays and public holidays.

•  For the purpose of clause 18.1(b), any agreed alternative arrangement will not disadvantage an employee as compared to clause 24.5 of the Joinery and Building Trades Award 2010.

[5] No bargaining representatives were appointed.

[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] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] 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.

[9] 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 April 2021.

COMMISSIONER

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