Downer EDI Engineering Electrical Pty Ltd T/A Downer Infrastructure

[2016] FWCA 511

[2016] FWCA 511

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Electrical Pty Ltd T/A Downer Infrastructure
(AG2015/7005)

DOWNER INFRASTRUCTURE NORTHERN REGION ELECTRICAL ENTERPRISE AGREEMENT 2014 - 2017

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 JANUARY 2016

Application for variation of the Downer Infrastructure Northern Region Electrical Enterprise Agreement 2014 - 2017.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Downer EDI Engineering Electrical Pty Ltd T/A Downer Infrastructure for the approval of a variation to the Downer Infrastructure Northern Region Electrical Enterprise Agreement 2014 - 2017 (“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.

[3] The Agreement is varied as follows:

A. At clause 1.3.2, by amending the definition for “Engineering Construction Work Division” to read as below:

Engineering Construction Work Division means work carried out on Engineering Construction sites, Engineering Maintenance Work and Engineering Shutdown work.

B. At clause 1.4, by deleting the third paragraph of the clause.

C. At clause 4.1, by deleting the second paragraph of the clause.

D. At clause 4.5.3, by deleting the right hand column (headed “From 1^st July 2016”) from the table.

E. At clause 4.5.4, by deleting the right hand column (headed “From 1^st July 2016”) from the table.

F. At clause 4.5.5, by deleting the right hand column (headed “From 1^st July 2016”) from the table.

G. At clause 4.5.7, by deleting the right hand column (headed “From 1^st July 2016”) from the table.

H. At clause 4.5.8, by deleting the right hand column (headed “From 1^st July 2016”) from the table.

I. At clause 4.5.14, by deleting the right hand column (headed “From 1^st July 2016”) from the table, and by amending the first paragraph to read as below:

Employees who work in Mt Isa and have a local Mt Isa address (and can provide evidence to support this upon request) and are not in receipt of any other fixed living related allowance will be paid a flat allowance per week in accordance with the table below. This allowance will be paid on all authorised absences.

J. By deleting clause 4.5.15.

K. At clause 5.4.9, by deleting the right hand column (headed “From 1^st July 2016”) from the table, and by adding a new subclause (c) as below:

(c) the meal allowance is not payable where the employee is notified of the requirement to work overtime on the previous day.

L. By deleting clause 5.4.10.

M. At clause 5.5.2, by deleting subclause (viii).

N. At clause 5.6, in the table at the end of the clause, by deleting the right hand column (headed “From 1^st July 2016”).

O. At clause 7.1, by including a new paragraph as below:

The $15 per day out of pocket expense is not payable where an employee resides in Camp.

P. At Appendix 1 – Schedule 1, by deleting the two right hand columns in the table (together headed “3% - 1/07/16” and then individually headed “weekly” and “hourly).

Q. At Appendix 1 – Schedule 2, by deleting the two right hand columns in the table (together headed “3% - 1/07/16” and then individually headed “weekly” and “hourly).

R. At Appendix 1 – Schedule 3, by deleting the two right hand columns in the table (together headed “3% - 1/07/16” and then individually headed “weekly” and “hourly).

S. At Appendix 1 – Schedule 4, by deleting the two right hand columns in the table (together headed “3% - 1/07/16” and then individually headed “weekly” and “hourly).

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement, and is attached to the varied Agreement.

[5] The undertaking attached to the Agreement when it was approved by the Commission on 24 October 2014 remains a term of the Agreement.

[6] The variation is approved and will come into operation on 25 January 2016.

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

SENIOR DEPUTY PRESIDENT

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