BLJ In-situ Solutions Pty Ltd

[2015] FWCA 8331

[2015] FWCA 8331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

BLJ In-situ Solutions Pty Ltd
(AG2015/7419)

BLJ IN-SITU SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 DECEMBER 2015

Application for variation of the BLJ In-situ Solutions Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by BLJ In-situ Solutions Pty Ltd for the approval of a variation to the BLJ In-situ Solutions 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] On 3 December 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[4] The Agreement is varied as follows:

A. At clause 1.3.1, by replacing the reference to Fair Work Australia with Fair Work Commission. Throughout the Agreement, “FWA” is replaced with “the FWC”.

B. Inserting a new clause 3.2 as follows:

“3.2 CONSULTATION REGARDING CHANGES TO EMPLOYEE’S REGULAR ROSTERS OR ORDINARY HOURS OF WORK

3.2.1 The Employer is required to consult the Employees to whom this Agreement applies about a change to their regular roster or ordinary hours of work.

3.2.2 The Employees may appoint a representative for the purposes of that consultation.

3.2.3 For a change to the Employees' regular roster or ordinary hours of work, the Employer is required to:

(a) provide information to the Employees about the change; and
(b) invite the Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(c) consider any views given by the Employees about the impact of the change.”

C. Previous clause 3.2 – Dispute Resolution – subsequently is renumbered as clause 3.3.

D. Clause 3.3.5 is replaced as follows:

“3.3.5 Any outcome of a dispute before the FWC cannot be inconsistent with legislative requirements or the Building Code 2013.”

E. Clause 4.4.1 is replaced as follows:

“4.4.1 A casual employee is an employee engaged and paid on an hourly basis and their rate of pay for working ordinary time shall be paid the hourly rate prescribed by this Agreement for their classification plus a casual loading of 25% which is provided in lieu of leave entitlements, notice of termination and severance pay.”

F. At clause 5.2(d), the “Year 4” section of the table “Employees engaged as Supervisors in the workshop” is amended as follows:

Year 4	Pay period from 1st May 2015
	Classification	Hourly rate	weekly rate (36 hrs)
	Level 4	$33.02	$1,188.65
	Level 3	$36.32	$1,307.52
	Level 2	$38.14	$1,372.89
	Level 1	$40.04	$1,441.54

G. At clause 5.2(e), the “Year 4” section of the table “Employees engaged as Supervisors on construction sites” is amended as follows:

Year 4	Pay period from 1st May 2015
	Classification	Hourly rate	weekly rate (36 hrs)
	Level 4	$36.69	$1,320.72
	Level 3	$40.36	$1,452.80
	Level 2	$42.37	$1,525.44
	Level 1	$44.49	$1,601.71

H. Clause 5.6 is replaced as follows:

“Shift Work

5.6.1 For the purposes of this Agreement, the following shifts may be worked:

Night shift: any shift finishing subsequent to midnight and at or before 8.00am or where the majority of hours fall between those hours.

5.6.2 Employees will be paid 30% more than the ordinary rate prescribed by clause 5.2.1 of this Agreement for all shift work worked.

5.6.3 The penalty rates prescribed by this clause 5.6 will not apply to shift work performed on Saturdays and/or Sundays as the weekend penalty rates prescribed by clause 5.6 of this Agreement will apply.

5.6.4 Where Employees perform work in excess of 8 hours per shift, they will be paid at the penalty rates prescribed by clause 6.3 (Overtime) of this Agreement.”

I. Clause 5.8 is replaced as follows:

“Living Away from Home

Remote Conditions / Camps - Where in the course of their work Employees are required to remain away from their usual place of residence overnight, the Employer will supply meals, suitable board and accommodation and pay the Employee a flat allowance of $50.00 per night taxed.

Motel / Hotel Conditions - Where in the course of their work Employees are required to remain away from their usual place of residence overnight, the Employer will supply suitable board and accommodation and pay the Employee a flat allowance of $50.00 per night, taxed. The Employer will also pay a meal allowance of up to $60.00 that is supported by the production of receipts (no alcoholic beverages will be covered in the amount of the meal allowance).”

J. Clause 5.9.2 is replaced as follows:

“For the avoidance of doubt, the superannuation contributions currently required by the Superannuation Guarantee (Administration) Act 1992 (Cth) are 9.5%.”

K. Clause 6.1.2 is deleted, with subsequent renumbering.

L. Clause 6.6 is replaced as follows:

“Travel time

If an Employee is asked to travel to and from a work site, the maximum rate of pay will be time and a half if travelling outside normal working hours including weekend hours, or if Employee is travelling for time above 8 hours per day.”

M. At clause 7.1.6, paragraph (e) is replaced as follows:

“(e) If the Employer authorises an Employee to forgo an amount of annual leave, the Employer will pay the Employee at least the full amount that would have been payable to the Employee had the Employee taken the leave that the Employee has forgone. The Employer will make payment within a reasonable time of having approved the request.”

N. At clause 7.4.1, paragraphs (a)-(c) are replaced as follows:

“(a) a member of the Employee’s immediate family; or

(b) a member of the Employee’s household;”

O. New clause 8.4 is added as follows:

“Prescription Safety Glasses

Employees who prefer to use prescription safety glasses (rather than safety glasses over normal prescription glasses) will be reimbursed for 50% of the cost of purchasing such glasses to a maximum of $150.00 every two years on presentation of a receipt.”

P. Previous clause 8.4 – Medical Examinations – is renumbered as 8.5 and paragraph (a) of 8.5.1 is deleted (with subsequent renumbering).

Q. Previous clause 8.5 – No Extra Claims – is renumbered as 8.6.

[5] The variation is approved and will come into operation on 3 December 2015.

[6] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE895064  PR574622>