Broadspectrum Australia Pty Ltd
[2013] FWCA 2464
•23 APRIL 2013
[2013] FWCA 2464 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Broadspectrum Australia Pty Ltd
(AG2013/832)
BROADSPECTRUM (LNG PROJECTS - QLD) ENTERPRISE AGREEMENT 2011-2013
Electrical contracting industry | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 23 APRIL 2013 |
Application for variation of the Broadspectrum (LNG Projects - QLD) Enterprise Agreement 2011-2013.
[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Broadspectrum Australia Pty Ltd for the approval of a variation to the Broadspectrum (LNG Projects - QLD) Enterprise Agreement 2011-2013 (“the Agreement”). The application has met the statutory requirements in all requisite respects.
[2] The Agreement is varied as follows:
(a) In clause 1 - Title, by deleting the words “2011 – 2013” and replacing them with “2013 – 2015”.
(b) In clause 4 - Date and period of operation, by deleting the words “30th June 2013” and replacing them with “30th June 2015”.
(c) In clause 8 - Definitions, within the definition of “agreement”, by deleting the words “2011 - 2013” and replacing them with “2013 - 2015”.
(d) By deleting clause 12 - Redundancy and replacing it with the following new clause 12:
12. REDUNDANCY
The Company shall contribute on behalf of each Full Time Employee the following contributions listed under CIRT-Q in the table below, and to JETCO Training the amount as per the table below. Pro rata will apply for any week less than 5 days, and the contribution will apply on RDO’s or R&R leave periods as well as other paid leave day periods.
FFPP from: | CIRT-Q | JETCO Training | Combined Weekly |
current | $68.00 | $10.00 | $78.00 |
1/5/2013 | $70.00 | $10.00 | $80.00 |
1/5/2014 | $72.00 | $10.00 | $82.00 |
(e) In clause 17.1, by adding a new column to the table “FFPP From: 1/5/2015 - $165.00”
(f) In clause 17.2, by deleting the words “SPECQ” and replacing them with “Energy Super”.
(g) By inserting a new clause 17.5 - “The default superannuation fund will be as nominated by the employer.”
(h) At A1.2 - Weekly all purpose wage/base hourly rate, by deleting the table and replacing it with the following:
Classification | Base Hourly/Weekly Rate FFPP 1ST Dec 2012 | Base Hourly/Weekly Rate FFPP 1st May 2013 | Base Hourly/Weekly Rate FFPP 1ST Nov 2013 | Base Hourly/Weekly Rate FFPP 1ST May 2014 | Base Hourly/Weekly Rate FFPP 1ST Nov 2014 |
Level-4 | Hourly: $42.4232 Weekly: $1,527.24 | Hourly: $43.4839 Weekly: $1,565.42 | Hourly: $44.5710 Weekly: $1,604.55 | Hourly: $45.685 Weekly: $1,644.66 | Hourly: $46.8272 Weekly: $1685.78 |
Level-3 | Hourly: $41.5961 Weekly: $1,497.46 | Hourly: $42.6358 Weekly: $1,534.89 | Hourly: $43.7016 Weekly: $1,573.26 | Hourly: $44.7944 Weekly: $1,612.60 | Hourly: $45.9141 Weekly: $1,652.91 |
Level-2 | Hourly: $40.7702 Weekly: $1,467.73 | Hourly: $41.7894 Weekly: $1,504.42 | Hourly: $42.8341 Weekly: $1,542.03 | Hourly: $43.905 Weekly: $1,580.58 | Hourly: $45.0027 Weekly: $1,620.10 |
Level-1 | Hourly: $39.9597 Weekly: $1,438.55 | Hourly: $40.9586 Weekly: $1,474.51 | Hourly: $41.9825 Weekly: $1,511.37 | Hourly: $43.0322 Weekly: $1,549.16 | Hourly: $44.1077 Weekly: $1,587.88 |
Level-1a | Hourly: $38.1806 Weekly: $1,374.50 | Hourly: $39.135 Weekly: $1,408.86 | Hourly: $40.1133 Weekly: $1,444.08 | Hourly: $41.1161 Weekly: $1,480.18 | Hourly: $42.1441 Weekly: $1,517.19 |
(i) At Appendix 2 - Allowances, by deleting the table and replacing it with the following:
Item | All Purpose Hourly Rate From FFPP 1/12/2012 | All Purpose Hourly Rate From FFPP 1/5/2013 | All Purpose Hourly Rate From FFPP 1/11/2013 | All Purpose Hourly Rate From FFPP 1/5/2014 | All Purpose Hourly Rate From FFPP 1/11/2014 |
Leading Hand Allowance (1 to 9) | $1.2247 | $1.2553 | $1.2866 | $1.3187 | $1.3516 |
Leading Hand Allowance (10 to 19) | $1.8364 | $1.8823 | $1.9293 | $1.9775 | $2.0269 |
Leading Hand Allowance (>20) | $2.4480 | $2.5092 | $2.5719 | $2.6361 | $2.7020 |
Tradesperson Allowance | $2.2626 | $2.3191 | $2.3770 | $2.3954 | $2.4552 |
Tradesperson Tool Allowance | $1.1073 | $1.1349 | $1.1632 | $1.1922 | $1.222 |
Electrical Licence Allowance | $1.4686 | $1.5053 | $1.5429 | $1.5814 | $1.6209 |
Plumbing Licence Allowance | $1.4686 | $1.5053 | $1.5429 | $1.5814 | $1.6209 |
Licensed Rigger, Dogman, Scaffolders-holding and using licences under the AAAlAActt. | $0.9796 | $1.004 | $1.0291 | $1.0548 | $1.0811 |
Welder Tested Qualification Allowance* | $0.9796 | $1.004 | $1.0291 | $1.0548 | $1.0811 |
Welder Special Class Allowance* | $1.7144 | $1.7572 | $1.8011 | $1.8461 | $1.8922 |
Welder Special Class-Exotic Materials* | $3.0007 | $3.0757 | $3.1525 | $3.2313 | $3.3120 |
Instrumentation Tradesperson | $0.9796 | $1.004 | $1.0291 | $1.0548 | $1.0811 |
Instrumentation Tradesperson- Complex Systems | $1.7143 | $1.7571 | $1.8010 | $1.8460 | $1.8921 |
Electrical/Mechanical Tradesperson-Special Class | $1.7143 | $1.7571 | $1.8010 | $1.8460 | $1.8921 |
Control Systems Tradespersons** | $1.7143 | $1.7571 | $1.8010 | $1.8460 | $1.8921 |
Instrumentation and Control Tradesperson*** | $4.4061 | $4.5162 | $4.6291 | $4.7448 | $4.8634 |
Electronics Tradesperson*** | $4.4061 | $4.5162 | $4.6291 | $4.7448 | $4.8634 |
Mobile Crane-over 40 up to 80 tonne | $0.4893 | $0.5015 | $0.5140 | $0.5269 | $0.5400 |
Mobile Crane-over 80 tonne and up to 120 tonne | $1.7144 | $1.7571 | $1.8010 | $1.8460 | $1.8921 |
Mobile Crane-over 120 tonne and up to 300 tonne | $1.9578 | $2.0067 | $2.0569 | $2.1083 | $2.1610 |
Mobile Crane-over 300 tonne | $2.2025 | $2.2575 | $2.3140 | $2.3718 | $2.4311 |
Mobile Crane-over 500 tonne | $2.3879 | $2.4475 | $2.5087 | $2.5715 | $2.6357 |
Lofty or Tower Crane | $2.2025 | $2.2575 | $2.3140 | $2.3718 | $2.4311 |
Flat Allowance -Per week | |||||
First Aid Allowance (per week) | $17.9170 | $18.3649 | $18.8240 | $19.2946 | $19.7770 |
Per Occasion Allowance | |||||
Travel Mobility Allowance (see clause 19.5): $40 per occasion as per the terms prescribed at Clause 19.5, and effective 1/11/2012: $45.00 per occasion. | |||||
Curtis Island Ferry Allowance (see clause 19.6) $22 per occasion. Effective 30th November 2012 $25 per day. | |||||
Meal Allowance : Subject to an employee not receiving Board and Lodging with meals provided or payment in lieu thereof, where the employee works 2 hours overtime after ordinary ceasing time Monday to Friday, or where an employee works more than 8 hours overtime on Saturday or Sunday a meal will be provided or in lieu thereof a $10.20 meal allowance will be paid. | |||||
[3] The variation is approved and will come into operation on 23 April 2013.
[4] A consolidated copy of the Agreement is attached to this decision.
SENIOR DEPUTY PRESIDENT
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