Cape Australia Onshore Pty Ltd
[2015] FWCA 6815
•1 OCTOBER 2015
| [2015] FWCA 6815 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Cape Australia Onshore Pty Ltd
(AG2015/5445)
CAPE AUSTRALIA SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2014
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 1 OCTOBER 2015 |
Application for variation of the Cape Australia South Australia Enterprise Agreement 2014.
[1] An application has been made to vary an enterprise agreement known as the Cape Australia South Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by Cape Australia Onshore Pty Ltd. The Agreement is a single enterprise agreement.
[2] Cape Australia Onshore Pty Ltd has provided written advice, dated 30 September 2015, in which it confirms existing roster arrangements applicable under its Olympic Dam contract and the operation of Clause 12 of the Agreement. This advice is retained on the Fair Work Commission file in this matter.
[3] 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. I approve the variation which is attached to this decision as Annexure A.
[4] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.
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ANNEXURE A
SCHEDULE OF VARIATIONS:
Cape Australia South Australia Enterprise Agreement 2014
Clause 16:
DELETE - “The current rates of pay will be increased by 2% and back dated until 27 July 2014. A further 3%, in lieu of a CPI increase for 2014, will also come into effect on 27 July 2014. These increases are only applicable to the Olympic Dam rates of pay.”
Clause 16.1:
1. DELETE - “Olympic Dam”
1. REPLACE – “Olympic Dam Permanent Employees”
2. DELETE – the following table
Classification | Current Flat Rate of Pay | Current Base Rate |
Basic Scaffolder/ | $40.14 | $29.89 |
Intermediate Scaffolder | $41.75 | $31.09 |
Advanced Scaffolder | $43.42 | $32.33 |
Basic Rigger | $40.14 | $29.89 |
Intermediate Rigger | $41.75 | $31.09 |
Advanced Rigger | $43.42 | $32.33 |
Painter/Blaster | $37.15 | $26.90 |
Lagger | $37.99 | $26.90 |
Rubber Liner | $40.14 | $29.89 |
1st Class Sheet Metal Worker | $40.14 | $29.89 |
2nd Class Sheet Metal Worker | $37.99 | $26.90 |
Trades Assistant | $32.43 | $20.90 |
Yard Hand | $40.14 | $29.89 |
Leading Hand | $46.65 | $33.62 |
2. REPLACE – with the following table
Classification | Flat Rate of Pay | Base Rate |
Basic Scaffolder | $ 37.09 | $ 31.38 |
Intermediate Scaffolder | $ 38.57 | $ 32.64 |
Advanced Scaffolder | $ 40.12 | $ 33.95 |
Basic Rigger | $ 37.09 | $ 31.38 |
Intermediate Rigger | $ 38.57 | $ 32.64 |
Advanced Rigger | $ 40.12 | $ 33.95 |
Painter/Blaster | $ 34.33 | $ 28.25 |
Lagger | $ 35.10 | $ 28.25 |
Rubber Liner | $ 37.09 | $ 31.38 |
1st Class SMW | $ 37.09 | $ 31.38 |
2st Class SMW | $ 35.10 | $ 28.25 |
Trade Assistant | $ 29.97 | $ 21.95 |
Yard Hand | $ 37.09 | $ 31.38 |
Leading Hand | $ 43.10 | $ 35.30 |
Clause 16.2:
DELETE - the following table
REPLACE – with the following table
Classification | Flat Rate | Base Rate |
Basic Scaffolder | $ 38.94 | $ 31.38 |
Intermediate Scaffolder | $ 40.50 | $ 32.64 |
Advanced Scaffolder | $ 42.12 | $ 33.95 |
Basic Rigger | $ 38.94 | $ 31.38 |
Intermediate Rigger | $ 40.50 | $ 32.64 |
Advanced Rigger | $ 42.13 | $ 33.95 |
Painter/Blaster | $ 36.04 | $ 28.25 |
Lagger | $ 36.86 | $ 28.25 |
Rubber Liner | $ 38.94 | $ 31.38 |
1st Class SMW | $ 38.94 | $ 31.38 |
2st Class SMW | $ 36.86 | $ 28.25 |
Trade Assistant | $ 31.46 | $ 21.95 |
Yard Hand | $ 38.94 | $ 31.38 |
Leading Hand | $ 45.26 | $ 35.30 |
Clause 16.4:
DELETE: ESCALATION FORMULA
(a) The Hourly Rate of pay shall be reviewed annually and payable on the first pay period on or after 1 September.
(b) The increase will be subject to CPI(6401.0) increase effective 1 September each year as of 1 September 2015. The CPI that applies is the annual June figure.
REPLACE: ESCALATION FORMULA
(a) The Hourly Rate of pay shall be reviewed annually and on the condition the client approves the increase be payable on the first pay period on or after 1 September.
(b) The increase will be subject to CPI (6401.0) increase effective 1 September each year as of 1 September 2015. The CPI that applies is the annual June figure.
Clause 22(c)
DELETE: Where an Employee qualifies for the Distant Worker status and is not provided with accommodation by the Employer in accordance with 22(b), the Employee shall be entitled to receive a Local Living Subsidy of $250.00 per week.
REPLACE: Where an Employee qualifies for the Distant Worker status and is not provided with accommodation by the Employer in accordance with 22(b), the Employee shall be entitled to receive a Living Away from Home Allowance of $241.00 per week. Should the allowable amount set by the ATO increase, Cape will increase this payment up to a maximum of $250 per week.
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