Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kentz Pty Ltd [2017] FWC 376

(#P156_14114) [2014] FWCFB 7447.

(#P205_18320) See for example clause 7.6 of the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement in relation to circumstances where an employee has agreed to undertake duties at a higher classification; clause 8.1(e) which refers to agreement of affected employees to vary the pattern of working ordinary hours; clause 8.4(b) and (c) which allow shorter periods of notice where agreed by a majority of employees. See also clause 3(c)(11), clause 8.1(e), clause 17.2(j), clause 23, clause 25(a), and clause 26.

(#P210_20119) Exhibit Kentz1, paragraph 42.

(#P223_22898) [2016] FWC 718 at [60].

(#P226_23285) Exhibit Kentz1, attachment Kentz1.

(#P229_23867) Kucks v CSR Limited, [1996] IRCA 166; (1996) 66 IR 182 at p.184.

(#P236_24587) Clause 5 references the Fair Work Act 2006 and the approval processes therein; clause 7.5(a) refers to approval as defined in the Fringe Benefits Tax Assessment 1986; clause 20(a) refers to approved issue PPE where "approved" refers to the Australian Standard; and Appendix 1(e) refers to approved post trades courses referable to the relevant government department/training authority.

(#P237_25067) Clause 8.6(j) of the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement which refers to approved leave, suggesting a formal decision by the employer to grant leave.

(#P240_25427) See, for example clause 7.3(e) of the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement where the employer is "authorised" to make deductions in certain circumstances; clause 8.5(b) which provides that R&R is "authorised" non-work time; clause 17.1(f) which refers to "authorised" leave etc.

(#P247_26893) 2016] FWC 718 at [52].

(#P250_27773) Kucks v CSR Limited, [1996] IRCA 166; (1996) 66 IR 182 at p.184.

(#P263_31640) Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement, clause 23.

(#P295_35824) See AMIEU v Golden Cockerel Limited [2014] FWCFB 7447 at [41] 8(c).

(#P296_36144) See Savannah Nickel Mines v Bryan Crowley [2016] FWCFB 2630.

(#P327_40490) Exhibit Kentz3.

(#P340_41977) Termination, Change and Redundancy Case Print F6230, pa.46; (1984) 8 IR 34 at 73.

(#P341_42185) Redundancy Case 2004 PR032004 at [134].

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