GCS Industrial Services Pty Ltd

[2014] FWCA 2896

[2014] FWCA 2896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

GCS Industrial Services Pty Ltd
(AG2014/925)

GCS INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 MAY 2014

Application for variation of the GCS Industrial Services Enterprise Agreement 2013.

[1] An application has been made by GCS Industrial Services Pty Ltd (the Applicant) for variation of the GCS Industrial Services Enterprise Agreement 2013 (the Agreement) as follows:

A. By inserting “APPENDIX A - Construction Worker & Plant Operator Classification Definitions” and the corresponding page number “18” at the end of the Content page and updating the page number references for Clauses 6 to 23.

B. By replacing “Full time and casual Employees” with “Full time and part time Employees” in Clause 4.2 c).

C. By replacing Clause 5.1 with the following:

“Full Time and Part Time Employees (other than apprentices, trainees and juniors) shall be paid no less than the following minimum rates of pay:

Classification	Minimum Hourly Rate of Pay
Construction Workers*
Construction Worker - Grade 1	$19.00
Construction Worker - Grade 2	$20.50
Construction Worker - Grade 3	$22.00
Construction Worker - Grade 4	$23.00
Construction Worker - Grade 5	$23.50
Formwork Carpenter	$23.00

Plant Operators*
Plant Operator - Grade 1	$23.00
Plant Operator - Grade 2	$23.50
Plant Operator - Grade 3	$24.00

Electrical & Plumbing Trades
Electrician Special Class	$23.50
Instrument Fitter - Grade 1	$23.50
Instrument Fitter - Grade 2	$24.00
Electrical Tradesperson	$23.00
Electrical Assistant	$20.50
Cable Jointer	$23.00
Plumber	$23.00

Metal Trades
Welder Special Class	$23.00
Metal Tradesman	$23.00
Tool & Material Storeperson	$20.50
Trades Assistant	$20.50

Rigging/Scaffolding Positions
Rigger and/or Scaffolder (Advanced) - minimum 12 months’ experience	$23.00
Intermediate Rigger and/or Scaffolder (Certified) - minimum 6 months’ experience	$23.00
Rigger/Scaffolder - Other (Basic) or Dogperson	$23.00

Building Trades
Carpenter	$23.00
Painter	$23.00
Glazier	$23.00

Crane Operators
0 – 8 tonnes	$23.50
8 – 15 tonnes	$23.50
15 – 40 tonnes	$24.00
40 – 80 tonnes	$24.00
80 – 100 tonnes	$24.00
100 – 140 tonnes	$24.50
140 – 180 tonnes	$24.50
180 – 220 tonnes	$25.00
220 – 260 tonnes	$25.00
260 – 300 tonnes	$25.00
300 – 340 tonnes	$25.00
340 – 380 tonnes	$25.00
380 – 420 tonnes	$25.00
Over 420 tonnes	$25.00

Administration
Site Administrator	$23.00

*Definitions of the roles typically falling under each of the Construction Worker and Plant Operator positions are listed in Appendix A.”

D. By replacing Clauses 9.1 and 9.2 with the following:

“9.1 Where an employee is assigned to a site (either CBD or regional) to which site terms and conditions operate, the employee and the Company may agree that the employee be paid in accordance with the terms and conditions of that site agreement, for the duration of the assignment. Any such changed terms and conditions will be provided to the Employee in writing prior to the site assignment commencing.

9.2 Where an employee and the Company reach agreement under clause 9.1, Clause 5 – ‘Classifications and Wage Rates’, Clause 6.3, Clause 7 – ‘Hours of Work’ and Clause 8- ‘Overtime’ of this Agreement shall not apply to the employee provided that the terms and conditions offered to the employee for the duration of the site assignment are no less beneficial for the Employee when considered overall compared to those contained in this Agreement.”

E. By replacing Clause 11.2 c) with the following:

“c) Any untaken annual leave in one year cumulates to the next year. Untaken annual leave is paid out on termination at the employee’s then current rate of pay.”

F. By replacing Clause 14.4 with the following:

“14.4 To be entitled to community service leave employees must provide proof to satisfy a reasonable person that he she has been / will be engaged in an eligible community service activity. For employees on jury service, they are also required to provide an attendance certificate and evidence of the total amount of jury service pay received by the Employee from the Court for attending the period of jury service.”

G. By replacing Clause 15.1 with the following:

“15.1 The Company will recognise public holidays applying at locations where its Employees are performing work in accordance with the National Employment Standards.”

H. In Clause 19.1 replace “The period of notice is increased by one week” with “The period of notice given by the Company is increased by one week”.

I. By replacing Clause 19.6 with the following:

“19.6 Where the employee fails to provide the required notice, or is given notice but leaves their employment before the end of the notice period, the employee will forfeit payment for the notice period not worked.”

J. In Clause 21.3 replace “I weeks pay is that of what would have been earned in a normal rosted 38 hr week” with “1 week’s pay is equivalent to that which would have been earned for 38 ordinary hours’ work in 1 calendar week”.

K. At the end of the Agreement, on a new page following Clause 23 - Signatures, insert the following:

“APPENDIX A – Construction Worker & Plant Operator Classification Definitions

Construction Worker - Grade 1

● Labourer or yard worker with less than three months’ experience in the construction industry

Construction Worker - Grade 2

● Aluminium alloy structural erector
● Assistant powder monkey
● Assistant rigger
● Bar bending machine operator
● Bitumen worker
● Chainman
● Concrete cutting or drilling
● Truck driver ≤ 8t GVM
● Controlled Waste Driver
● Machine operator
● Concrete floater
● Concrete formwork stripper
● Concrete gang worker
● Concrete gun or pump operator
● Crane chaser/crane hand/gantry hand
● Demolition labourer
● Dump cart operator
● Fencer
● Gear hand
● Jackhammerman
● Kerb and gutter layer
● Pick or shovelman
● Steel erector
● Labourer or yard worker with three or more months’ experience in the construction industry
● Tradesman’s labourer

Construction Worker - Grade 3

● Concrete batching plant operator
● Concrete finisher
● Foundation shaftsman
● Truck driver > 8t GVM
● Hoist or winch driver
● Manhole builder
● Pitcher or beacher
● Powder monkey
● Power driven portable saw, employee operating
● Spotter
● Steel fixer (including tack welder)
● Storeman
● Tool sharpener
● Traffic controller
● Wall builder

Construction Worker - Grade 4

● Crusher operator, aggregate
● Drainer
● Operator, drilling machine up to and including 155mm diameter
● Hoist installer
● Paviour (including segmental paving)
● Pipe layer (any kind of pipes)
● Renderer in pipes, tunnels or covered drains
● Coxswain
● Sewer maintenance worker
● Timberperson
● Water maintenance worker

Construction Worker - Grade 5

● Operator drilling machine over 155mm to 230 mm diameter
● Shaft or trench sinker
● Tunneller 2
● Winding and haulage driver
● Final Trim Grader Driver

Plant Operator - Grade 1

● Bitumen sprayer
● Concrete finisher, powered
● Concrete spreader, powered
● Crawler tractor with power operated attachments (up to and including 2000kg shipping mass)
● Dumper, rear and bottom (up to and including 2 cubic metres struck capacity)
● and sprayer, lance type
● Pneumatic tyred tractor with power operated attachments (up to and including 15kw net engine power)
● Roller, vibrating (under 4 tonnes)
● Second driver, navvy and dragline or dredge type excavator
● Trenching machine (small Ditch-Witch type)

Plant Operator - Grade 2

● Bitumen sprayer (driver)
● Concrete paver
● Crawler loader (up to and including 15,000kg mass)
● Crawler tractor with power operated attachments (over 2,000kg up to and including 15,000kg shipping mass)
● Dumper, rear and bottom (above 2 cubic metres, up to and including 30 cubic metres struck capacity)
● Excavator (up to and including 0.5 cubic metres struck capacity)
● Grader (below 35kw net engine power)
● Locomotive (not carrying passengers)
● Pile driver
● Pneumatic tyred tractor with power operated attachments (>15kw,up to & including 150kw net engine power)
● Roadmarker operator
● Roller (8 tonnes and above)
● Roller, vibrating (4 tonnes and above)
● Scraper (up to and including 10 cubic metres struck capacity)
● Track laying, fixing or levelling machine (railway construction)
● Trench machine (depth up to 2.4 metres, & width up to 450mm) & bucket wheel trencher with equivalent capacity in cubic metres per hour

Plant Operator - Grade 3

● Crawler loader (above 15,000kg mass, up to and including 60,000kg mass)
● Crawler tractor with power operated attachments (above 15,000kg, up to and including 60,000kg mass)
● Dumper, rear and bottom (above 30 cubic metres, up to and including 120 cubic metres struck capacity)
● Excavator (above 0.50 cubic metres, up to and including 5.5 cubic metres struck capacity) (This group includes Gradall)
● Grader (35kw up to and including 190kw net engine power)
● Locomotive (carrying passengers)
● Pneumatic tyred loader (over 105kw, up to and including 500kw net engine power)
● Pneumatic tyred tractor with power operated attachments (above 150kw, up to and including 500kw net engine power)
● Scraper (above 10 cubic metres, up to and including 50 cubic metres struck capacity)
● Trenching machine (greater than 2.4 metres depth and 450mm width) and bucketwheel trencher with equivalent capacity in cubic metres per hour”

[2] The variation is approved and will come into force on 6 May 2014.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE404719  PR550206>