Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 6806

[2018] FWCA 6806

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/6123)

Electrorig Hoist Rentals Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018

Electrical contracting industry
Commissioner Hunt	BRISBANE, 30 NOVEMBER 2018

Application for variation of the Electrorig Hoist Rentals Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018

1. On 1 November 2018 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to vary the Electrorig Hoist Rentals Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 (the Agreement) under s.217 of the Fair Work Act 2009 (the Act).

1. The CEPU seeks to vary clause 1.4 (1) of Appendix 2 of the Agreement, which sets out the G4 – Electrical Worker Grade 4 employment classification. It currently reads:

“(1) An Electrical Worker Grade 4 is an employee who:

(a)   has worked for not less than one year in the industry or holds the equivalent experience and without limiting the scope of the work agand to the level of their training is an employee who:

(i) is accredited to perform

(1) scaffolding; or

(2) rigging; or

(ii) is directly in charge of an electrical store and responsible for materials, ordering and purchasing; or

(iii) has worked for not less than one year as an Electrical Worker Grade 3 or has the equivalent experience in the installation of electronics equipment and who, under the minimum supervision
of a tradesperson or electronics serviceperson;

(1) installs radio, communications and related equipment including antenna; or

(2) installs fire alarm or security alarm equipment; or

(3) installs, terminates and tests data, and communication cabling

(iv) Inspects and tests fire alarms or security alarm equipment involving a range of responsibility beyond that of a Grade 3 Electrical Worker and works without assistance and supervision.

(b)   Provided that this person shall not undertake tasks requiring the skills of a tradesperson.”

1. In particular, the variation sought by the CEPU relates to clause 1.4(1)(a)(i). The CEPU submitted that, for the purposes of the Agreement, clause 1.4 of Appendix 2 was intended to establish that employees under the G4 – Electrical Worker Grade 4 classification may be employed to perform scaffolding and rigging that is incidental to their primary task or functions.

1. The CEPU submits that the current wording of clause 1.4(1)(a)(i) of Appendix 2 of the Agreement does not clearly articulate the intended meaning outlined above (at Paragraph [3]). It proposes the clause be removed and the wording amended as follows:

“(1) An Electrical Worker Grade 4 is an employee who:

(a)   has worked for not less than one year in the industry or holds the equivalent experience, and, without limiting the scope of the work, and to the level of their training, is an employee who:

(i) performs scaffolding or rigging that is incidental to their primary task or functions (assisting a licensed electrical worker to perform electrical work); or”

1. The proposed variation would merge clause 1.4(1)(a)(i)(1) and 1.4(1)(a)(i)(2) into a single and more detailed sub-clause.

1. The employer consents to the proposed changes.

1. Having regard to the consent position and the benefit this variation would provide to the interpretation of clause 1.4 of Appendix 2 of the Agreement, I am satisfied that each of the relevant requirements of s.217 of the Act have been met.

1. In order to remove uncertainty in relation to the particular provisions of the Agreement, I order that the Agreement be varied as follows:

1. Delete clause 1.4(1)(a) of Appendix 2 of the Agreement.

2.  Insert clause 1.4(1)(a) into Appendix 2 of the Agreement, which will now read:

“(a)  has worked for not less than one year in the industry, or holds the equivalent experience, and, without limiting the scope of the work, and to the level of their training, is an employee who:”

3.  Delete clause 1.4(1)(a)(i) of Appendix 2 of the Agreement.

4.  Insert clause 1.4(1)(a)(i) of Appendix 2 of the Agreement, which will now read:

“(i)  performs scaffolding or rigging that is incidental to their primary task or functions (assisting a licensed electrical worker to perform electrical work); or”

1. Accordingly, the application is granted and the variation, as sought, will operate from today, 30 November 2018.

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