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

[2014] FWCA 8318

[2014] FWCA 8318

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/9757)

RHEEM, BRISBANE SERVICE AGREEMENT, 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 NOVEMBER 2014

Application for variation of the Rheem, Brisbane Service Enterprise Agreement, 2013.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”) for the approval of a variation to the Rheem, Brisbane Service Enterprise Agreement, 2013 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot. The CEPU has filed a declaration in support of the variation.

[3] The Agreement is varied as follows:

(a) In clause 6, by specifying that the Agreement will expire on 24 September 2016.

(b) By deleting clause 7 - Incorporated Awards - and replacing it as follows:

7.1 In accordance with the Fair Work Act 2009 (Cth) (“the Act), this Agreement incorporates, by reference, subject to the exceptions set out below, the terms of the “Manufacturing and Associated Industries and Occupations Award 2010” and the “Plumbing & Fire Sprinklers Award 2010” as in operation at the dates which this Agreement came into effect.

Award Terms Not Incorporated into this Agreement

7.2 The following clauses of the Manufacturing and Associated Industries and Occupations Award 2010 and the Plumbing and Fire Sprinklers Award 2010 are expressly not incorporated into this Agreement:

(a) Clause 31 (allowances and Special Rates), clause 37.3 (Afternoon and Night Shift Allowances), and clause 40.11 (Meal Allowance) of the Manufacturing and Associated Industries and Occupations Award 2010; and

(b) Clause 21 (Allowances) and clause 22 (District Allowances) of the Plumbing and Fire Sprinklers Award 2010, except clause 21.2(b) (Meals), which provides a meal allowance entitlement.

7.3 In the event that the Agreement is silent on a matter and the 2 Incorporated Awards have different provisions, the parties will discuss which Award’s provisions will apply to the matter in dispute.

(c) At clause 10 - Consultation - by adding new subclauses 10.11-10.13 as follows:

Consultation Regarding Changes to Rosters or Ordinary Hours of Work

10.11 The Company is required to consult the employees to whom this Agreement applies about a change to their regular roster or ordinary hours of work.

10.12 The employees may appoint a representative for the purposes of that consultation.

10.13 For a change to the employee’s regular roster or ordinary hours of work, the Company is required to:

(a) provide information to the employees about the change;
(b) invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(c) consider any views given by the employees about the impact of the change.

(d) By deleting clause 15 - Wage Rates - and replacing it as follows:

Minimum wage rates contained in the table below are “rolled up” wage rates and include absorption of all monetary obligations that would have arisen under the award provisions referred to in clause 7.2 of this Agreement if those award provisions had not been excluded from the incorporation of those awards under clause 7.1 of this Agreement.

During the life of this Agreement, wage rates will increase as follows:
● By 3% from 24th September 2013.
● By 2.5% from 23rd September 2014.
● By 2.5% from 22nd September 2015.

Classification	Operative From 24/9/13 (Includes 3% increase) (Per hour)	Operative From 23/9/14 (Includes 2.5% increase) (Per hour)	Operative From 22/9/15 (Includes 2.5% increase) (Per hour)
Trade Assistant	20.7434	21.2620	21.7935
Grade 1	25.6816	26.2917	26.9170
Grade 2	26.1697	26.7920	27.4298
Grade 3S	26.9018	27.5424	28.1990
Grade 3	26.9018	27.5424	28.1990
Grade 4R	28.1220	28.7931	29.5080
Grade 4	28.1220	28.7931	29.5080
Grade 5	29.0982	29.7937	30.5066

(e) By renaming clause 19 “Tools” and replacing it as follows:

19.1 The national procedure for Tools (SOP-02-1015) details specialist tools supplied by the Company and hand tools supplied by the Technicians. Additional tools will be provided at the company’s discretion. After 1^st October 2014, the Company will at their cost, upon presentation and inspection of the old tool, and if approved, replace personal tools as necessary on a fair wear and tear basis. Any Technicians joining the company after the 1^st October 2014 and covered by this agreement, will be expected to bring with them the tools as per the list within (SOP-02-1015) and those tools will thereafter be replaced by the company in accordance with this clause.

19.2 The Company will cover employee’s own tools/equipment against theft (not due to employee negligence). Stolen tools must be immediately reported to the Police and claims for reimbursement will be subject to a Police incident number and an employee report providing all possible information including details of any witnesses.

(f) By deleting Appendix C.

[4] The variation is approved and will come into operation on 21 November 2014.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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