Cement Australia Pty Limited

[2014] FWCA 2144

[2014] FWCA 2144

FAIR WORK COMMISSION

DECISION

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

Cement Australia Pty Limited
(AG2014/630)

CEMENT AUSTRALIA PTY LIMITED TRANSPORT EMPLOYEES (NSW) ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 4 APRIL 2014

Application for variation of the Cement Australia Pty Limited Transport Employees (NSW) Enterprise Agreement 2013.

[1] An application has been made for approval of variations to an agreement known as the Cement Australia Pty Limited Transport Employees (NSW) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to section 210 of the Fair Work Act 2009 (the Act)and was made by the employer party to the agreement (the Company).

[2] The application was not lodged within 14 days after the variations were made. The Company has provided an explanation which I have found to be satisfactory. Pursuant to s.210(3)(b) I consider it fair to extend the time for making this application to 21 March 2014.

[3] I am satisfied that each of the relevant requirements of sections 210 and 211 of the Act have been met. I approve the variations which are as follows:

1. By deleting clause 27, ‘Roster 5’ and inserting the following:

 ROSTER 5 – Rotating Roster, Day / Night Work, Monday to Friday with a mandatory 10 hours to be worked on one Saturday per four week cycle – 250 hours per month

Start Time Between:	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Total Hours
Week 1 – Day: 3am – 5am	12	12	12	12	12	10	70
Week 2 – Night: 3pm – 5pm	12	12	12	12	12	0	60
Week 3 – Day: 3am – 5am	12	12	12	12	12	0	60
Week 4 – Night: 3pm – 5pm	12	12	12	12	12	0	60

2. By deleting clause 30, ‘Overtime – 12 Hour Roster and 8 Hour Saturday Roster’ and inserting the following:

 OVERTIME – 12 Hour Roster and 10 Hour Saturday Roster


When Overtime becomes available, such hours will be offered to permanent Employees in the first instance. Where no permanent Employees are available in the area to perform the Overtime, such hours will then be offered to casual Employees and / or 3PLs.


Employees working a 12 Hour Roster are paid an annualised salary, in accordance with Schedule 1A.

When an Employee is required to work more than 12 hours, or more than 10 hours on a Saturday, they will be paid at the following flat hourly overtime rate:

(a) Grade 7: $43.00;

(b) Grade 8: $46.00.

Overtime will be rounded up to the next 15 minutes and paid in 15 minute increments. Each day will stand alone for the purposes of calculating overtime with a minimum payment of four hours for overtime worked on a Saturday.


These rates will increase in accordance with the percentage wage increases set out in Clause 18.

3. By deleting clause 31, ‘Payment for Less Than 12 Hours Worked – 12 Hour Rosters and 8 Hour Saturday Rosters’, and inserting the following:

 PAYMENT FOR LESS THAN 12 HOURS WORKED – 12 Hour Rosters and 10 Hour Saturday Rosters

(a)       Where an Employee is requested to undertake a load that will require reasonable overtime (eg. not more than one hour), but refuses the load, they will be paid for the actual hours worked on that day (ie. if an Employee has worked for 10 hours, and refuses the next load that will, on average, take 2.5 hours, they will be paid for 10 hours on that day). Payment of these hours will be calculated at 1/12th the hourly rate.

(b)       The same principle outlined in 31(a) will also apply to overtime on a 10 hour Saturday shift.  That is, where an Employee is requested to undertake a load that will require reasonable overtime (eg. not more than one hour), but refuses the load, they will be paid for the actual hours worked on that day (ie. if an Employee has worked for 6.5 hours, and refuses the next load that will, on average, take 2.5 hours, they will be paid for 6.5 hours on that day).

(c)       The Employer will distribute an ‘Assumed Load and Travel Time’ document and this document will be used as the reference document for calculating average travel times.  The Employer will consult with Employees before making any changes to this document.

 (d)       An Employee will be allowed to reasonably refuse a load, outlined in Clause 31(a) and (b) above, on four occasions per month, without activating a discussion with Site Management.  However, Employees will still only be paid for the hours they actually work when they refuse a load in these circumstances Employees will be required to accept all loads after declining on four occasions, unless they are able to provide a reason to the Employer’s satisfaction.  However, Employees will still only be paid for the hours they actually work when they refuse a load in these circumstances.

(e)       Employees will be paid for 12 hours of work when no or only partial work can be performed due to wet conditions.  Employees will be required to attend work at their normal start time on wet days to receive any rescheduled work instructions.

4. By deleting that part of Schedule 1A headed “Roster 5 as at the first period on or after”, and inserting the following:

Roster 5 as at the first period on or after:	Grade 7	Grade 8
1 May 2013	$103,709.74	$111,291.13
1 May 2014	$107,080.30	$114,908.09
1 May 2015	$110,560.40	$118,642.60

[4] In accordance with section 216 of the Act the variation operates on and from 4 April 2014.

COMMISSIONER

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