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Fair Work Act 2009
s.185—Enterprise agreement
GL Elin and CM Elin T/A Animal World Pet Resorts
(AG2017/914)
THE ANIMAL WORLD PET MOTEL ENTERPRISE AGREEMENT
2017
Animal care and veterinary services
COMMISSIONER ROE MELBOURNE, 2 MAY 2017
Application for approval of The Animal World Pet Motel Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as The
Animal World Pet Motel Enterprise Agreement 2017 (the Agreement). The application was
made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GL Elin and
CM Elin T/A Animal World Pet Resorts. The Agreement is a single enterprise agreement.
[2] The Applicant 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.
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DECISION
E AUSTRALIA FairWork Commission
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[4] The Agreement was approved on 2 May 2017 and, in accordance with s.54, will
operate from 9 May 2017. The nominal expiry date of the Agreement is 2 May 2021.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code J, AE424187 PR592533
IF THE FAIR WORK COMMISSION TI
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Annexure A
The Fair Work Act 2009 The Animal World Pet Motel Enterprise Agreement 2017 EMPLOYER
UNDERTAKING The Employer, with the Agreement of Employees, hereby undertakes that: 1. Enterprise Agreement Clause 10.7
The following sub-clause shall be inserted at 10.7.1 10.7.1 Requirement to work public holidays Reasonable Request: The Employer will provide public holiday rosters with at least 8 weeks' notice.
The Employer's request must be a reasonable request considering: (a) The Industry's standard trading arrangements which provide accommodation and care to client pets during vacation periods which include public holidays; (b) The employee's personal circumstances, including family responsibilities;
(c) Employees are advised at commencement of employment and through this Enterprise Agreement that Public Holidays are a day of trade for the Employer and the industry in general; however requests to work will be on a fair and equitable basis considering all of the requirements in this clause and the amount of hours worked by the Employee on previous public holidays in the same calendar year
(d) A penalty rate is applicable for working on Public Holidays under this Agreement; (e) The type of employment of the employee (for example, whether full-time, part-time, or casual. Shiftwork is not applicable under this Agreement. (f) The amount of notice in advance of the public holiday given by the employer when making the request. The Employer commits to no less than 8 weeks' notice of the
request to work; (g) in relation to the refusal of a request-the amount of notice in advance of the public holiday given by the employee when refusing the request. Employees are
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requested to provide at least two weeks' notice to allow the Employer sufficient time to request another employee to work. It is noted that a subsequent request to another Employee that is less than 8 weeks' notice to work as a result of a reasonable refusal by the first employee will not be deemed a breach of this Clause.
(h) any other relevant matter. Reasonable Refusal: Where an Employee is unable or unwilling to work on the Public Holiday, the Employee is requested to notify the Employer with no less than 2 weeks' notice of the request.
Employees will be asked to provide their reason for not being able to perform the public holiday hours requested. The information required to be considered in determining whether a refusal to work on a public holiday is reasonable is: a. Any risk to the health and safety of the Employee from working the Public Holiday;
b. A penalty rate is applicable for work on a Public Holiday under this Enterprise Agreement; c. The needs of the workplace; d. The Employee's personal circumstances including family responsibilities;
e. The amount of notice provided by the Employer in compliance with this Clause; f. The amount of notice provided by the Employee; g. Standard industry hours; h Emplo
CVC responsiomty, i. The amount of hours worked by the Employee on previous public holidays in the same calendar year
2. Schedule A Apprentices and Trainee Rates of Pay The Employer agrees to raise the rates of pay as prescribed in Schedule A of the Enterprise Agreement by 3% as at the commencement of the Agreement and that this
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rate shall increase each year by the increase in the minimum wage for trainees as prescribed by the Fair Work Commission.
3. correction of Errors Clause 6.10.2 shall be replaced as follows: Any deduction from the wages of an employee in accordance with this Clause will only be made in a manner consistent with the provisions of Clause 324 and 326 of the Fair Work Act 2009 and the Fair Work Regulations.
In the event that a payment of wages is calculated incorrectly, the following procedures shall apply: Clause 6.10.4 shall be replaced as follows: Where an overpayment of wages has occurred as a result of a payroll processing error applicable to a record of hours worked, the Employer will notify the Employee in the
first instance that an overpayment nas inadvertently been made and VVI OV details regarding the incorrect amount. The Employer will request the Employee to choose a preferred repayment, in writing, from the following options: 1. Electronic Transfer will be made by the Employee to the Employer within 14 days or a longer time period if agreed by the Employer; or
2. Whether to deduct the amount or a series of part-payments from subsequent wage payments; or 3. Whether an adjustment can be made in the subsequent pay week (any adjustment must be documented in full and maintained on the Employee's file) which shows as a separate line item on the Employee's pay slip.
The Employer is authorised under this Clause to deduct from or adjust any genuine overpayment of wages from a subsequent pay, subject to the Employee nominating their preferred repayment method and the Employer providing the Employee with a written statement and calculation of the error made and required to be deducted or adjusted. under this Clause, shall be managed by the Grievance and
all Dispute Resolution Procedure. No deduction from wages shall be made unless approved by the Employee or accorded by an agreement or decision under the Grievance and Dispute Resolution Procedure.
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Clean Elin Name of Employer Representative: Business Owner Position of Employer Representative:
Signature of Employer Representative Date: 27th Apr 17
