[2011] FWAA 3008 [2011] FWAA 3008 Download Word Document FAIR WORK AUSTRALIA DECISION Fair Work Act 2009 s.185—Enterprise agreement Rae-Line Pty Ltd (AG2011/436) RAE-LINE PTY LTD ENTERPRISE AGREEMENT 2011 Manufacturing and associated industries COMMISSIONER GAY MELBOURNE, 16 MAY 2011 Application for approval of the Rae-Line Pty Ltd Enterprise Agreement 2011. [1] An application has been made for approval of a single-enterprise agreement known as the Rae-Line Pty Ltd Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rae-Line Pty Ltd. [2] The parties have provided the following undertaking signed by Rae-Line’s General Manager, Mr Moody and by the nominated bargaining representative Mr Sholer, as to the queries I had expressed in relation to the Agreement. I am satisfied the undertaking meets my concern. [3] The undertaking provides that: 1. Clause 7.5 of the Agreement be replaced in its entirety with the following: 7.5 Additional hours performed on Monday through Saturday will be compensated at the rate of time and a half for the first two hours and double time thereafter of the applicable Base Rate of Pay for each additional hour worked, provided that an Employee will be entitled to payment for a minimum of four hours for any additional hours worked on a Saturday. 2. The following new clauses will be added to clause 11 of the Agreement: 11.3 An Employee who reaches agreement with the Employer to use their own motor vehicle on the Employer’s business, must be paid $0.74 per kilometre travelled. 11.4 An Employee must be paid a meal allowance of $11.90 after each four hours of overtime worked if the Employee is to continue work after the 4 hour period, except in the following circumstances: • If the Employee was notified no later than the previous day that they would be required to work such overtime; or • If the Employee lives in the same locality as the enterprise and could reasonably return home for meals. 11.5 Where an Employee as a result of performing any duty required by the Employer and as a result of negligence of the Employer suffers any damage to or soiling of clothing or other personal equipment, including spectacles and hearing aids, the Employer will be liable for the replacement, repair or cleaning of such clothing or personal equipment including spectacles and hearing aids. 11.6 For the avoidance of doubt, the Employer will provide all tools for any Manufacturing Industry Tradesperson so that the Manufacturing Industry Tradesperson will not be responsible for supplying and/or maintaining any of the tools ordinarily required in the performance of the Employee’s work as a tradesperson. 11.7 In the event that an Employee undertakes any training course in connection with the Employer’s business which has been approved by the Employer, the Employer will be solely liable for the costs associated with such training course and for any travel costs incurred by an Employee undertaking such training course, which exceed those normally incurred by the Employee in travelling to and from work. 3. Clause 14.5 of the Agreement be replaced in its entirety with the following: 14.5 Subject to clause 14.6, a permanent Employee and the Employer may agree in writing that the permanent Employee is able to cash out a particular amount of paid annual leave, provided that each cashing out is by a separate agreement in writing and the permanent Employee is paid at least the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone. 4. Clause 14.8 of the Agreement be replaced in its entirety with the following: 14.8 Employees will be required to take annual leave during the Christmas period when the Employer shuts down the operations of the business, provided that the Employer will give the Employees at least 4 weeks’ notice of the duration of the annual shutdown period. Any Employees who do not have any accrued annual leave at this time, will be required to take unpaid leave. 5. Clause 15.3 of the Agreement be replaced in its entirety with the following: 15.3 A permanent Employees is entitled to access the Employee’s personal/carer’s leave entitlement to provide care or support to the Employee’s Immediate Family Member or a member of the Employee’s household who requires care or support because of a personal illness or injury affecting the Immediate Family Member or the member of the Employee’s household, or because of an unexpected emergency affecting the Immediate Family Member or a member of the Employee’s household. 6. The words “Subject to any orders made by Fair Work Australia in accordance with section 122(4) of the Act” will be added at the beginning of clause 22.4 of the Agreement so that clause 22.4 reads as follows: 22.4 Subject to any orders made by Fair Work Australia in accordance with section 122(4) of the Act, the provisions of this clause 22 do not apply during a transfer of business, in any of the following circumstances: (a) Where the Employee accepts employment with a new employer that recognises the Employee’s period of continuous service with the Employer to be continuous service with the new employer; or (b) Where the Employee rejects an offer of employment with the new employer in which: • the Employee’s terms and conditions are, on an overall basis, substantially similar, and no less favourable than the Employee’s terms and conditions at the time of ceasing employment with the Employer; and • the new employer recognises the Employee’s period of continuous service with the Employer to be continuous service with the new Employer. 7. The PAL Rates of Pay set out in Part 2 of Schedule A and any and all references to PAL Rates of Pay in the Agreement will be void and of not effect. [4] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or, notwithstanding these being matters of importance, result in substantial changes to the Agreement in the sense of s.190(3). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement. [5] 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. [6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2011. The nominal expiry date of the Agreement is 22 May 2014. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code G, AE885625 PR509552>