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ENTERPRISE AGREEMENT 2018

PDF Copy of Agreement
Status of Agreement
Copy of Undertakings 


PART 1-APPLICATION AND OPERATION OF AGREEMENT 
	1. AGREEMENT TITLE
	2. DEFINITIONS
	3. DURATION AND SCOPE
	4. PARTIES BOUND AND APPLICATION
	5. RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS AND LEGISLATION
	6. ANTI-DISCRIMINATION
	7. NOTICE BOARDS
	8. SHARED VALUES AND OBJECTIVES

PART 2 -FLEXIBILITY, CONSULTATION AND DISPUTE RESOLUTION
	9. WORKPLACE FLEXIBILITY
	10. CONSULTATIVE MECHANISM AND PROCEDURES
	11. CONFIDENTIALITY
	12. DISPUTE SETTLEMENT

PART3-CONTRACTOFEMPLOYMENT 10 
	13. CATEGORIES OF EMPLOYEES
	14. LABOUR AGENCIES
	15. TERMINATION OF EMPLOYMENT
	16. REDUNDANCY

PART 4 -HOURS OF WORK AND OVERTIME 
	17. HOURS OFWORK-DAYWORKERS
	18. LETTER OF ENGAGEMENT FOR PART TIME EMPLOYEES
	19. SHIFT WORK 
	20. TIME OFF 
	21. MEAL AND TEA BREAK
	22. OVERTIME

PART 5 -WAGES AND ALLOWANCES 20 
	23. JOB CLASSIFICATIONS AND WAGES
	24. EMPLOYEE DUTIES
	25. PAYMENT OF WAGES 
	26. ALLOWANCES

PART 6 -TYPES OF LEAVE AND PUBLIC HOLIDAYS 
	27. ANNUAL LEAVE
	28. ANNUAL LEAVE -SEVEN DAY SHIFT WORKERS 
	29. LEAVE AS DIRECTED
	30. CASHING OUT OF ANNUAL LEAVE
	31. PUBLIC HOLIDAYS 
	32. PERSONAL LEAVE
	33. LONG SERVICE LEAVE 
	34. COMPASSIONATE LEAVE
	35. COMMUNITY SERVICES LEAVE 
	36. PARENTAL LEAVE
	37. LEAVE TO ATTEND AS WITNESS IN INDUSTRIAL PROCEEDINGS
	38. REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS

PART 7 -EMPLOYEE LEARNING & DEVELOPMENT
	39. SKILLS DEVELOPMENT

PART 8 -POSITION PROFILES 38 
	SCHEDULE A -JOB CLASSIFICATIONS AND WAGE RATES 
	SCHEDULE B -FIRST AID ALLOWANCE 
	SCHEDULE C -OVERTIME MEAL ALLOWANCE 
	SCHEDULE D -FORKLIFT ALLOWANCE 
	SCHEDULE E -BENEFIT DISTRIBUTION 
	SCHEDULE F -GUIDELINES ON ROLE, RIGHTS RESPONSIBILITIES SUPPORT UNION DELEGATES

PART 1-APPLICATION AND OPERATION OF AGREEMENT

Status

DECIPHA PTY LIMITED

[2018] FWCA 7152 DECISION

Fair Work Act 2009
s.185-Enterprise agreement Decipha Pty Ltd (AG2018/5395)

DECIPHA ENTERPRISE AGREEMENT 2018

Graphic Arts

COMMISSIONER HARPER-GREENWELL MELBOURNE, 22 NOVEMBER 2018

Application for approval of the Decipha Enterprise Agreement 2018.

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that clause 28.1.1 and clause 33.2.21 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation. [7] The Agreement was approved on 22 November 2018 and, in accordance with s.54, will operate from 29 November 2018. The nominal expiry date of the Agreement is 29 November 2021.

COMMISSIONER
AE500831 PR702534

Copy of Undertakings



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