BMC Welding & Construction Pty Ltd
[2013] FWCA 3092
•20 MAY 2013
[2013] FWCA 3092 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
BMC Welding & Construction Pty Ltd
(AG2013/5554)
BMC WELDING AND CONSTRUCTION PTY LTD, CFMEU, AMWU & ETU VICTORIAN DESALINATION PROJECT AGREEMENT 2010
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 20 MAY 2013 |
Application for variation of the BMC Welding and Construction Pty Ltd, CFMEU, AMWU & ETU Victorian Desalination Project Agreement 2010 .
[1] An application has been made for approval of a variation of the BMC Welding and Construction Pty Ltd, CFMEU, AMWU & ETU Victorian Desalination Project Agreement 2010 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by BMC Welding & Construction Pty Ltd.
[2] The application was made within 14 days after the variation was made and was accompanied by a signed copy of the variation, a copy of the agreement as proposed to be varied and declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B).
[3] I am satisfied that each of the requirements of s.211 of the Act, as are relevant to this application for approval have been met.
[4] Evidence of compliance with the statutory requirements for variation of the agreement within s.211 of the Act was provided by way of the Employer’s Declaration (Form F23A) and confirmed by the Construction, Forestry, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) which are covered by the agreement, in the Declaration of Employee Organisation (Form F23B) for support of the approval of the variation of the agreement.
[5] The application is approved and the agreement is varied as follows:
(a) By deleting the nominal expiry date appearing in clause 4.8 of Part 1 and inserting “31 October 2013”..
(b) By inserting a new “Part 3 - Project Wide Appendices - Division C - Extension Provisions” after clause 7 of Part 3 - Project Wide Appendices - Division B - Drug & Alcohol Policy, as set out at Attachment A of this decision.
[6] Pursuant to s.216 of the Act the variation will come into force from 20 May 2013.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code C, AE884321 PR536969>
ATTACHMENT A
PART 3 - PROJECT WIDE APPENDICES – DIVISION C – EXTENSION PROVISIONS
1. This Division C records the agreements and arrangements to be applied as a consequence of the extension of the nominal expiry date of this Agreement.
2. Rates of pay, allowances etc.
2.1 Redundancy Contribution
The Redundancy Contribution table in clause 11.1 of Part 1 of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 | |
Payment Per hour (flat) | $6.01 | $6.16 |
2.2 Weekly Base Rate – Process Plant
The Weekly Base Rate table in clause 5.2 of Part 2 – Project Specific Appendices – Division A - Process Plant, of the Agreement is taken to be appended to include the following additional shaded columns:
Classification | Relativity | From 01/03/13 | From 01/09/13 |
CW 1 / PCW1 | 92.40% | $1,518.85 | $1,556.82 |
CW 2 / PCW2 | 97.50% | $1,602.68 | $1,642.75 |
CW 3 / PCW3 | 100% | $1,643.77 | $1,684.86 |
CW 4 / PCW4 | 105% | $1,725.97 | $1,769.12 |
CW 5 / PCW5 | 110% | $1,808.15 | $1,853.35 |
CW 6 / PCW6 | 115% | $1,890.34 | $1,937.60 |
CW 7 / PCW7 | 120% | $1,972.53 | $2,021.84 |
2.3 Weekly Base Rate – Pipeline
The Weekly Base Rate table in clause 5.2 of Part 2 – Project Specific
Appendices – Division B – Pipeline, of the Agreement is taken to be
appended to include the following additional shaded columns:
Classification | Relativity | From 01/03/13 | From 01/09/13 |
PW 5 | 92.40% | $1,518.85 | $1,556.82 |
PW 4 | 97.50% | $1,602.68 | $1,642.75 |
PW 3 | 100% | $1,643.77 | $1,684.86 |
PW 2 | 105% | $1,725.97 | $1,769.12 |
PW 1 | 110% | $1,808.15 | $1,853.35 |
2.4 Fares and Travel allowance – Pipeline
The Daily Fares & Travel Allowance table in clause 8.4 of Part 2 – Project Specific Appendices – Division B – Pipeline, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 | |
≤ 45 min | $47.55 | $48.74 |
> 45 min | $71.32 | $73.10 |
2.5 Fares and Travel Allowance – Booster Pump Station
The Daily Fares & Travel Allowance table in clause 10.1(a)(vii) of Part 2
– Project Specific Appendices – Division B – Pipeline, of the Agreement is taken to be appended to include the following additional shaded columns:
| Zone in which employee resides during the Project | ||
| From 01/03/13 | From 01/09/13 | |
Zone A | $47.55 | $48.74 |
Zone B | $71.32 | $73.10 |
2.6 Weekly Base Rate – Tunnels
The Weekly Base Rate table in clause 5.2 of Part 2 – Project Specific Appendices – Division C – Tunnels, of the Agreement is taken to be appended to include the following additional shaded columns:
Classification | Relativity | From 01/03/13 | From 01/09/13 |
TW 1 | 92.40% | $1,518.85 | $1,556.82 |
TW 2 | 97.50% | $1,602.68 | $1,642.75 |
TW 3 | 100% | $1,643.77 | $1,684.86 |
TW 4 | 105% | $1,725.97 | $1,769.12 |
TW 5 | 110% | $1,808.15 | $1,853.35 |
2.7 Weekly Base Rate – Power Supply
The Weekly Base Rate table in clause 5.2 of Part 2 – Project Specific Appendices – Division D – Power Supply, of the Agreement (is taken to be appended to include the following additional shaded columns:
Classification | Relativity | From 01/03/13 | From 01/09/13 |
PW 5 | 92.40% | $1,518.85 | $1,556.82 |
PW 4 | 97.50% | $1,602.68 | $1,642.75 |
PW 3 | 100% | $1,643.77 | $1,684.86 |
PW 2 | 105% | $1,725.97 | $1,769.12 |
PW 1 | 110% | $1,808.15 | $1,853.35 |
2.8 Fares and Travel allowance – Power Supply
The Daily Fares & Travel Allowance table in clause 9.4 of Part 2 – Project Specific Appendices – Division D – Power Supply, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 | |
≤ 45 min | $47.55 | $48.74 |
> 45 min | $71.32 | $73.10 |
2.9 All Purpose Hourly Rate – Jack Up Barge
The All Purpose Hourly Rate table in clause 5.2 of Part 2 – Project Specific Appendices – Division E– Jack Up Barge, of the Agreement is taken to be appended to include the following additional shaded columns:
CW 7 Trade | 120% | $63.37 | $64.95 |
2.10 Project Allowance
The Project Allowance table in clause 1.1 of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$5.95 | $6.10 |
2.11 Leading Hand Allowance
The Leading Hand table in clause 2.2(a)(i) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 | |
2 to 5 employees | $43.79 | $44.88 |
6 to 10 employees | $55.09 | $56.47 |
more than 10 employees | $73.61 | $75.45 |
2.12 First Aid Allowance
The First Aid table in clause 2.2(b)(i) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is appended to include the following additional shaded columns:
Level Required to Use | ||
| From 01/03/13 | From 01/09/13 | |
Level 2 | $23.61 | $24.20 |
Level 3 | $31.54 | $32.33 |
2.13 A/E Class Electrician Licence Allowance
The A/E Class Electrician Licence Allowance table in clause 2.2(c)(i) of Part 3 – Project W ide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$58.44 | $59.90 |
2.14 Construction Wiring
The Construction W iring table in clause 2.2(d)(i) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$21.48 | $22.02 |
2.15 Insulation Allowance
The Insulation Allowance table in clause 2.2(e)(i) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$0.76 | $0.78 |
2.16 Construction Metal Trades and Trade Qualified Carpenter
Certificate Allowance
The Construction Metal Trades and Trade Qualified Carpenter Certificate Allowance table in clause 2.2(fa)(ii)(B) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement, as varied by Order of Fair Work Australia in PR505250 (20 December is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$57.93 | $59.38 |
2.17 Multi- Ticket Rigger/Scaffolder/Dogman Allowance
The Multi- Ticket Rigger/Scaffolder/Dogman Allowance table in clause
2.2(g)(ii) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
Number of Additional Tickets | ||
| From 01/03/13 | From 01/09/13 | |
1 | $25.34 | $25.97 |
2 | $50.70 | $51.97 |
2.18 Tool Allowance
The Tool Allowance table in clause 2.2(h)(i) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$36.20 | $37.11 |
2.19 Plumbing Trade Industry Payment
The Plumbing Trade Industry Payment table in clause 2.2(j) of Part
3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$1.96 | $2.01 |
2.20 Sprinkler Fitter Registration Allowance
The Sprinkler Fitter Registration Allowance table in clause 2.2(k) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$28.21 | $28.92 |
2.21 Fares and Travel Allowance
The Daily Fares & Travel Allowance table in clause 2.2(l)(vii) of Part
3 – Project W ide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
Zone in which employee resides during the Project | ||
| From 01/03/13 | From 01/09/13 | |
Zone A | $47.55 | $48.74 |
Zone B | $71.32 | $73.10 |
2.22 Meals Allowance
The OT Meal Allowance table in clause 2.2(m)(iii) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$13.99 | $14.34 |
2.23 Welding Allowance
The Tested Welder Allowance table in clause 2.2(o)(i) of Part 3 – Project Wide Appendices – Division A – Allowances, of the Agreement is taken to be appended to include the following additional shaded columns:
| From 01/03/13 | From 01/09/13 |
$1.91 | $1.96 |
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