"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v UGL Pty Limited

[2022] FWC 2248

[2022] FWC 2248

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.739—Application to deal with a dispute

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

UGL Pty Limited

(C2022/3893)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 9 SEPTEMBER 2022

Alleged dispute about any matters arising under the enterprise agreement and the NES [s186(6)]

1. On 5 July 2022 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) made an application under s 739 of the Fair Work Act 2009 (Act) for the Commission to deal with a dispute between the AMWU and UGL Pty Ltd (UGL) about matters arising under the UGL Operations and Maintenance Pty Ltd Geelong Refinery Maintenance Services Enterprise Agreement 2020 (Agreement). The dispute concerns changes to rostering sought by UGL.

1. The parties attended a conference before me on 13 July 2022. The matter was adjourned to allow the parties time to hold further discussions with a view to resolving the dispute. On 25 July 2022, the parties advised my chambers that they have been unable to resolve all the issues in dispute and the matter was listed for a further conference on 15 August 2022. At this conference, the parties agreed to set out in writing the implementation matters on which they have come to an agreement, and requested I issue a statement recording these matters.

1. On 22 August 2022 the parties filed correspondence setting out the following agreed matters.

“UGL has introduced a change to the regular roster of hours. The impact of the changes to the roster are summarised below.

·Ordinary working hours (35 per week) shall be worked over four days.

·The standard working week across maintenance, projects and turnarounds will be four days, Tuesday to Friday, starting at 7:00 am and finishing at 4:05 pm (8.75 ordinary hours per day).

·If a Public Holiday falls on one of those days (Tuesday to Friday) employees will be paid 8.75 ordinary hours for the day.

·Public Holidays that fall on a Monday will be paid at 7.78hrs with RDO’s to be banked and utilised as approved leave when landing on a Monday.

·Scheduled 1hr Overtime each day (10hr days) will be optional.

·Overtime will be paid as per the current EA for all additional hours.

·1.75 Hours will be accrued each day for a rostered day off on every Monday leaving 7hrs ordinary pay each day.

·Penalty rates shall be applied to all Mondays if worked given they are now RDO’s.

·Maximum of 5 RDO’s to be banked at which point they need to be utilised.

·There will be no change to the penalty rates should a public holiday be worked.

·Accruals for Co-Invest LSL will be maintained, (no loss of current accruals). This has been confirmed.

·Casuals will follow the same roster and conditions

·Current Annual leave hours and sick leave hours will remain the same.

·Flexibility around the proposed changes with personal commitments will be addressed on an individual basis.”

1. The parties remain in dispute in relation to the effect of the changes to the roster on payment of the Fares and Travel Allowance and have requested I determine this matter by arbitration, a course authorised by clause 1.7.2(v) of the Agreement.

1. The parties have been asked to file an agreed question for arbitration and a proposed timetable. Directions will then be issued for the filing of material.

DEPUTY PRESIDENT

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