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

[2013] FWCA 5652

[2013] FWCA 5652

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
(AG2013/2269)

Q ELECTRICAL SERVICES PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 AUGUST 2013

Application for variation of the Q Electrical Services Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] This application is made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”) to vary the Q Electrical Services Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 (“the Agreement”) pursuant to s.217 of the Fair Work Act 2009 (the Act) to remove ambiguity or uncertainty.

[2] The Act provides as follows:

217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.

[3] The CEPU and the Employer (Q Electrical Services Pty Ltd) submit that the Agreement contains the following ambiguities or uncertainties:

i. In the Service Work Division wages table at Appendix 1, the rates for Foreman Rate Grade 2, Foreman Rate Grade 1 and Electrical Worker Grade 5 Leading Hand are incorrect and do not reflect the agreement reached by the parties.

ii. In the Coal Work Division wages table at Appendix 1, the rates for Foreman Rate Grade 2, Foreman Rate Grade 1 and Electrical Worker Grade 5 Leading Hand are incorrect and do not reflect the agreement reached by the parties.

iii. In the QAL & Weipa Work Division wages table at Appendix 1, the rates for Foreman Rate Grade 2, Foreman Rate Grade 1 and Electrical Worker Grade 5 Leading Hand are incorrect and do not reflect the agreement reached by the parties.

[4] The CEPU and the Employer both agree that their mutual intention at the time the Agreement was made was that a certain set of wage rates would apply. These wages were agreed by the parties at the time of making the Agreement and were communicated to the employees at that time. The CEPU and Employer consider that the error may cause uncertainty regarding the appropriate wage rates for the relevant classifications. I agree.

[5] It is appropriate in these circumstances that the uncertainty be resolved by a variation to the Agreement. The Agreement will be varied by amending the relevant wage rates, as outlined in Annexure A of this decision.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

[7] The variation is approved and will come into operation on 28 August 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE899816  PR540151>

Annexure A

In the Service Work Division wages table at Appendix 1, the rates for Foreman Rate Grade 2, Foreman Rate Grade 1 and Electrical Worker Grade 5 Leading Hand are amended as follows:

1/07/12		1/07/13		1/07/14		1/07/15
Weekly	Hourly	Weekly	Hourly	Weekly	Hourly	Weekly	Hourly
Foreman Rate Grade 2	$1316.37	$36.57	$1369.02	$38.03	$1451.17	$40.31	$1552.75	$43.13
Foreman Rate Grade 1	$1279.11	$35.53	$1330.27	$36.95	$1410.09	$39.17	$1508.80	$41.91
Electrical Worker Grade 5 LH	$1244.02	$34.56	$1293.78	$35.94	$1371.41	$38.09	$1467.41	$40.76

In the Coal Work Division wages table at Appendix 1, the rates for Foreman Rate Grade 2, Foreman Rate Grade 1 and Electrical Worker Grade 5 Leading Hand are amended as follows:

1/07/12		1/07/13		1/07/14		1/07/15
Weekly	Hourly	Weekly	Hourly	Weekly	Hourly	Weekly	Hourly
Foreman Rate Grade 2	$1452.10	$41.49	$1510.18	$43.15	$1600.80	$45.74	$1712.85	$48.94
Foreman Rate Grade 1	$1414.85	$40.42	$1471.44	$42.04	$1559.73	$44.56	$1668.91	$47.68
Electrical Worker Grade 5 LH	$1379.75	$39.42	$1434.94	$41.00	$1521.04	$43.46	$1627.51	$46.50

In the QAL & Weipa Work Division wages table at Appendix 1, the rates for Foreman Rate Grade 2, Foreman Rate Grade 1 and Electrical Worker Grade 5 Leading Hand are amended as follows:

1/07/12		1/07/13		1/07/14		1/07/15
Weekly	Hourly	Weekly	Hourly	Weekly	Hourly	Weekly	Hourly
Foreman Rate Grade 2	$1509.24	$41.92	$1569.61	$43.60	$1663.79	$46.22	$1780.25	$49.45
Foreman Rate Grade 1	$1471.99	$40.89	$1530.87	$42.52	$1622.72	$45.08	$1736.31	$48.23
Electrical Worker Grade 5 LH	$1436.89	$39.91	$1494.37	$41.51	$1584.03	$44.00	$1694.91	$47.08