Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) T/A Broadspectrum (formerly named Transfield Services)

[2017] FWCA 1614

[2017] FWCA 1614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) T/A Broadspectrum (formerly named Transfield Services)
(AG2017/765)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD (WOODSIDE) ONSHORE AND OFFSHORE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER PLATT	MELBOURNE, 21 MARCH 2017

Application for variation of the Transfield Services (Australia) Pty Ltd (Woodside) Onshore and Offshore Agreement 2014.

[1] An application has been made for approval of a variation of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) T/A Broadspectrum (formerly named Transfield Services). The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by:

• Including the definition of “New Contract” in clause 5;



• Amending the rate of pay and removing future wage rate increases in clause 18.3, Schedule 1 clause 1.1 and Schedule 2 clause 1.1 and 1.4;



• Reducing the Karratha/Pluto Gas Plant Allowance, Craft Team Allowance, Electricians Licence Allowance, Dual Trade Allowance in Schedule 1 clause 1.2, the Additional Allowance and Local Living Subsidy in Schedule 1 clause 1.3, the Living Away from Home Allowance in Schedule 1 clause 8.2, the Meal Allowance When Called In For Longer than 10 Hours in Schedule 1 clause 11.10, the Protective Clothing for Casuals Allowance in Schedule 1 clause 20.2, the Craft Team Leader Allowance, Electricians Licence Allowance (Ordinary Hours), Electricians Licence Allowance (Over Cycle) and Dual Trade Allowance in Schedule 2 clause 1.2 and the Additional Allowance in Schedule 2 clause 1.3.



• Providing, in Schedule 1 clause 14.8.1 and Schedule 2 clause 16.7.1, that employees with accrued annual leave will be paid the difference between the value of that accrued annual leave as it was immediately before the commencement date of the New Contract and the value of that accrued annual leave immediately after the commencement date of the New Contract and further that annual leave paid after the commencement of the New Contract will be paid out at the New Contract rate.



• Similarly providing, in Schedule 1 clause 16.6 and Schedule 2 clause 9.6, that employees with a severance accrual will be paid out the difference between the value of that accrued severance amount immediately before and after the commencement of the New Contract; and



• Amending the signatory name to Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services).

[3] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 21 March 2017. The nominal expiry date of the Agreement remains as 27 October 2018.

[5] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

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