Austunnel Pty Ltd
[2014] FWCA 4288
•2 JULY 2014
[2014] FWCA 4288 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Austunnel Pty Ltd
(AG2014/1166)
AUSTUNNEL PTY LTD ENTERPRISE AGREEMENT 2012
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 2 JULY 2014 |
Application for variation of the Austunnel Pty Ltd Enterprise Agreement 2012.
[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Austunnel Pty Ltd for the approval of a variation to the Austunnel Pty Ltd Enterprise Agreement 2012 (“the Agreement”).
[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.
[3] The Agreement is varied as follows:
(1) By deleting Clause 2 – Application of Agreement and inserting the following in lieu thereof:
This agreement will apply to the employer and to their employees engaged in industrial, maintenance, construction and mining works throughout Australia.
(2) By deleting Clause 3 - Duration of Agreement and inserting the following in lieu thereof:
The agreement shall apply from the 7 days after the approval with the Fair Work Commission until 1 April 2016.
(3) By deleting Clause 6.1 – Wage Rates and inserting the following in lieu thereof:
Employees shall be classified and paid in accordance with the following classification structure and the classification definitions provided in Schedule 3. These are the minimum rates and in particular cases a higher amount maybe negotiated.
The wage rates for each classification are as prescribed below. The rates compensate for all special skills and/or disabilities and/or special rates associated with the industry of the employer.
Classification | Primary Role Employee is Engaged To Perform | Permanent Hourly Rate | Casual Hourly Rate |
New Entrant | New Entrant (less than 3 months experience) | $22.25 | $26.05 |
AW0 | New Entrant with greater than 3 months experience but less than 12 months | $22.65 | $26.50 |
AW1 | An employee having the skills, qualifications and competency and is substantially assigned to exercise the following tasks: n Care maintenance and storage of tooling, and equipment ● Utilising tools and equipment in support of AW2 and above. ● Application of general manual support skills. Examples of Job descriptions that may come under this classification: ● General Labourer ● Traffic Controller ● Peggy / Nipper | $23.25 | $27.25 |
AW2 | Storeperson Pipe and Conduit Laying Earthworks Steel Fixer Tunneller Class 2 | $24.20 | $28.40 |
AW3 | Truck Driver over 20 tonnes | $24.85 | $29.15 |
AW4 | Concrete Finisher | $25.00 | $29.30 |
AW5 | Tradesperson (Trade Certified or AQF3 equivalent) | $25.50 | $29.90 |
These wage rates will increase in the years 2015 by the percentage increase awarded by the National Wage Review and operative from the date of such increase by the National Wage Review.
(4) By Inserting Schedule 3 – Classification Definitions
(a)Tunneller Class 2
An Employee engaged underground in the work of assisting Tunneller Class 1, spotter, brakemen, operators of dump trucks, and members of a bull gang, or an Employee carrying out general excavation works.
(b) Tunneller Class 1
An experienced employee who can carry out work in the excavation, lining and support works of the tunnel. The Tunneller Class 1 works with the specialised equipment adapted to the excavation, movement of cables, attachment and plug in, movement of services, piping support and the final lining of the tunnel itself.
(c) Senior Tunneller
An experienced Tunneller who carries out the functions of a Tunneller Class 1 but has specialist training and proven (more than twelve months) experience in a specialist area such as but not limited to:
Operation of Rock Bolting, Drilling Jumbos or Face production Drills.
(d) Unindentured Tradesperson
An Employee who may have worked in the industry in a tradesman environment, undertaking tasks similar to a tradesman, but who does not have a recognised trade qualifications.
(e) Dual and Advanced Ticketed
An Employee defined as Dual and Advanced Ticketed is licensed for and certified at a Project level and must be willing to use the following qualification/skills when required:
(1) both advanced scaffolding and advanced rigging;
(2) Mobile Crane Driver -over 80 tonnes and advanced scaffolding; and/or
(3) Mobile Crane Driver -over 80 tonnes and advanced rigging.
An Employee ticketed for two or more of the above qualifications who can demonstrate a minimum of two years’ experience in each of these classifications, and must be willing to use the qualification/skills when required, will be classified as a Dual and Advanced Ticket.
(f) Labourer
Bricklayer's labourer, plasters' labourer, labourer assisting any other tradesperson or assisting any of the above, demolition work (after three months experience), gear hand, jackhammer man, mixer driver (concrete), steel erector, aluminium alloy structural erectors (whether prefabricated or otherwise), gantry hand, crane chaser. cement gun operator, concrete gang including concrete floater, roof layer (malthoid or similar material) dump cart operator, underpinner, concrete form work stripper. Operator of hand held power or compressed air driven tools.
A Peggy whose duties include onsite cleaning and labouring as well as other duties of a similar nature.
[4] When varying an agreement, the Commission must approve the agreement as if it were a new application. Accordingly, I note that the consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.
[5] The variation is approved and will come into operation on 2 July 2014.
[6] A consolidated copy of the Agreement is attached to this decision.
SENIOR DEPUTY PRESIDENT
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