Global Resource Support Pty Ltd

Case

[2013] FWCA 4020

20 JUNE 2013

No judgment structure available for this case.

[2013] FWCA 4020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Global Resource Support Pty Ltd
(AG2013/5876)

GLOBAL RESOURCE SUPPORT PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries

DEPUTY PRESIDENT MCCARTHY

PERTH, 20 JUNE 2013

Application for variation of the Global Resource Support Pty Ltd Enterprise Agreement 2012.

[1] An application has been made by Global Resources Support Pty Ltd for variation of the Global Resource Support Pty Ltd Enterprise Agreement 2012 (the Agreement) as follows:

[2] In Clause 9 of the Agreement by deleting the words “Schedule 2” and replacing with the words “Schedule 1”.

[3] By deleting the Minimum Ordinary Wage Rates Per Hour table in Schedule 1 and replacing with the following table:

    Item 1 Minimum Ordinary Wage Rates per Hour

    Employment Category

    Minimum Rate of pay

    GROUP 1

    $29

    Group 2

    $28

    Group 3

    $27

    Group 4

    $26

    Group 5 (Advanced Tradesperson)

    $25

    Group 6 (Tradesperson)

    $24

    Group 7 (Semi skilled)

    $23

    Group 8 (Trades assistant)

    $22

    Group 9 (Labourer)

    $20

    Site Administrator

    $21

[4] After Schedule 1 Item 7 adding Schedule 2:

“SCHEDULE 2: CLASSIFICATIONS

Employees will be classified by the Company in the following classifications:

Group 1

    - Dual Trade Electrician (Instrument Trades Person)

    - Mobile Crane Operator over 301 tonnes

The Advance Certificates and Associated Diplomas referred to in this definition do not equate to existing TAFE qualifications of the same name. Possession of such qualification does not of itself justify classification of an employee of this level.

Advanced Engineering Tradesperson – Level II

    • An Advanced Engineering Tradesperson Level II means an:

    • Advanced Engineering Tradesperson (Automotive) Level II; or

    • Advanced Engineering Tradesperson (Electrical /Electronic) Level II; or

    • Advanced Engineering Tradesperson (Mechanical) Level II; or

    • Advanced Engineering Tradesperson (Fabrication) Level II;

Who has completed (including appropriate on-the-job training):

    o an Advanced Certificate; or

    o Equivalent accredited training, and, where practical, the modules should be identified in the Enterprise Training Programme.

An Advanced Engineering Tradesperson – Level II works above and beyond a Tradesperson in Group 2 and to the level of the employee’s training:

    1. Provides technical guidance or advice within the scope of this level.

    2. Prepares reports of a technical nature on specific tasks or assignments as directed, or within the scope of discretion at this level.

    3. Has an over-all knowledge an understanding of the operating principle of systems and equipment on which the Tradesperson is required to carry out the task.

    4. Assist in the provision of on-the-job training in conjunction with supervisors and trainers.

The following are indicative of the task an employee at this level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed:

    • Through a system approach is able to exercise high level diagnostic skills on complex forms of machinery, equipment and instruments which utilise some combination of electrical, electronic, mechanical or fluid power principles

    • Sets up, commissions, maintains and operates sophisticated maintenance, production and test equipment and /or systems involving the application of computer operating skills at a higher level than Group 2.

    • Works on various forms of machinery and equipment electronically controlled by complex digital and /or analogue control systems using integrated circuitry.

    • Works on complex electronics or instruments or control systems which utilise electronic principals and electronic circuitry containing complex analogue and /or digital control systems using integrated circuitry.

Tasks undertaken:

    • Operates a crane with lifting capacity in excess of 300 tones.

    • Electronics tradesperson

Group 2

    - Coded Welder (Pressure Vessel and Exotics) Chrome Moly, Stainless Steels, Duplex Steels, Boiler Plate Carbon Steels.

The Advance Certificates and Associated Diplomas referred to in this definition do not equate to existing TAFE qualifications of the same name. Possession of such qualification does not of itself justify classification of an employee of this level.

Advanced Engineering Tradesperson – Level I

An Advanced Engineering Trades Level I means an:

    • Advanced Engineering Tradesperson (Automotive) Level I; or

    • Advanced Engineering Tradesperson (Electrical /Electronic) Level I; or

    • Advanced Engineering Tradesperson (Mechanical) Level I; or

    • Advanced Engineering Tradesperson (Fabrication) Level I;

Who has completed (including appropriate on-the-job training):

    o 12 modules of an Advanced Certificate; or

    o 12 modules of an Associated Diploma; or

    o Equivalent accredited training, and, where practical, the modules should be identified in the Enterprise Training Programme.

An Advanced Engineering Tradesperson works above and beyond a Tradesperson at Group 3 and to the level of the employee’s training:

    1. Undertakes quality control and work organisation at a level higher than Group

    2. Provides trade guidance and assistance as part of a work team.

    3. Assists in the training of employees in conjunction with supervisors /trainers.

    4. Performs maintenance planning and predictive maintenance work other than in technical fields.

    5. Works under limited supervision, either individually or in a tam environment.

    6. Prepares reports of a technical nature on specific tasks or assignments as directed

    7. Exercises broad direction within the scope of this level.

The following are indicative of the task an employee at this level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed:

    • Work on combination of machines or equipment which utilises complex electronic, mechanical and fluid power principals.

    • Work on instruments which make up a complex control system that utilises some combination of electrical, electronic, mechanical, fluid power principals and electronic circuitry containing complex analogue and /or digital control systems utilising integrated circuitry.

    • Application of computer integrated manufacturing techniques involving a higher level of computer operating and programming skills than for Group 3.

Work on various forms of machinery and equipment which are electronically controlled by complex digital and /or analogue control systems using integrated circuitry.

Group 3

    - Coded Welder (3 Certificates)

    -Electrician Special Class (Instrument Certificate 2)

    -Mobile Crane Operator 181 – 300 Tonnes

    -DT Technical Officer

Engineering Tradesperson Special Class – Level II

An Engineering Tradesperson Special Class – Level II means an:

    • Advanced Engineering Tradesperson (Automotive) Level II; or

    • Advanced Engineering Tradesperson (Electrical /Electronic) Level II; or

    • Advanced Engineering Tradesperson (Mechanical) Level II; or

    • Advanced Engineering Tradesperson (Fabrication) Level II;

Who has completed (including appropriate on-the-job training):

    o Three appropriate modules which are qualitatively higher than, and in addition to, the training requirements of Group 4 Level; and where practical, the nodules should be identified in the Enterprise Training Programme.

An Engineering Tradesperson Special Class – Level II works above and beyond a Tradesperson at Group 4 and to the level of the employee’s training:

    1. Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

    2. Is able to provide trade guidance and assistance as part of a work team.

    3. Provides training in conjunction with supervisors and trainers.

    4. Understands and implements quality control techniques.

    5. Works under limited supervision, either individually or in a team environment.

    6. The following are indicative of the task an employee at this level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed:

    • Works on machines or equipment which utilise complex mechanical, hydraulic and /or pneumatic circuitry and controls, or a combination thereof.

    • Works on machinery or equipment which utilises complex electrical /electronic circuitry and controls.

    • Works on instruments which make up a complex control system which utilises some combination of electrical, mechanical or fluid power principals. Applies advanced computer numerical control

    • Techniques in machining or cutting or welding or fabrication.

    • Exercises intermediate CAD/CAM skills in the performance or routine modifications to programmes.

    • Works on complex or intricate interconnected electrical circuits at a Level above Group 4

    • Works on complex radio /communication equipment.

Group 4

    - Boilermaker Welder ( 2 Certificates)

    - Mechanical Fitter Special Class

    - Heavy Duty Fitter

    - Electrician A Class

    - Mobile Crane Operator 81 – 180 Tonnes

Engineering Tradesperson Special Class – Level 1

An Engineering Tradesperson Special Class – Level 1 means an:

    • Advanced Engineering Tradesperson (Automotive) Level I; or

    • Advanced Engineering Tradesperson (Electrical /Electronic) Level I; or

    • Advanced Engineering Tradesperson (Mechanical) Level I; or

    • Advanced Engineering Tradesperson (Fabrication) Level I;

Who has completed (including appropriate on-the-job training):

    • Six appropriate modules in addition to the training requirements of Group 5 level; and where practical, the modules should be identified in the Enterprise Training Programme.

An Engineering Tradesperson Special Class – Level I woks above and beyond a Tradesperson at Group 5 and to the level of the employee’s training:

    1. Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

    2. Provides trade guidance and assistance as part of a work team.

    3. Assist in the provision of training in conjunction with supervisor and trainers.

    4. Understands and implements quality control techniques.

    5. Works under limited supervision, either individually or in a team environment.

The following are indicative of the task an employee at this level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed:

    • Exercises high precision trade skills using various materials and /or specialised techniques.

    • Performs operations on a CAD/CAM terminal in the performance of routine modifications to NC/CNC programmes. Installs, repairs, maintains, tests, modifies, commissions and /or fault-finds complex machinery and equipment which utilises hydraulic and /or pneumatic principals and, in the course of such work, reads and understands hydraulic and pneumatic circuitry which controls fluid power systems.

    • Works on complex or intricate circuitry which involves examining,

    • Instrument Tradesperson

    • diagnosing and modifying systems comprising inter-connected circuits.

Tasks Undertaken:

    • Refractory Tradesperson

    • Operates a mobile crane with a lifting capacity in excess of 180 tonnes and up to and including 300 tonnes.

    • Non Destructive Testing Technical Officer (or Non Destructive Technician Level 3 as defined by AS 3998 – 19992).

    • Electrician Special Class.

    • Instrument and Control Tradesperson

Group 5

    - Mechanical Fitter

    - Boilermaker

    - Welder

    - Fitter Machinist

    - Pipe Fitter

    - Plumber

    - Sheet Metal Worker

    - Cladder/Lagger

    - Carpenter

    - Automotive Mechanic

    - Refractory Trades Person

    - Mobile Crane Operator 21 to 80 tonnes

    - Mobile Equipment Operator Level 3

Engineering Tradesperson – Level II

Engineering Tradesperson – Level II is an:

    • Engineering Tradesperson (Automotive) – Level II; or

    • Engineering Tradesperson (Electrical/Electronic) – Level II; or

    • Engineering Tradesperson (Fabrication) – Level II,

    who has completed the following training requirement, including appropriate on-the-job training:

    • Three appropriate modules in addition to the training requirements of Group 6 Level; and where practical, the modules should be identified in the Enterprise Training Programme.

An Engineering Tradesperson – Level II works above and beyond a Tradesperson at Group 6 and to the level of the employee’s training:

    1. Exercise the skills attained through satisfactory completion of the training prescribed for this classification.

    2. Exercises discretion within the scope of this grade.

    3. Works under general supervision, either individually or in a team environment.

    4. Understands and implements quality control techniques.

    5. Provides trade guidance and assistance as part of a work team.

    6. Exercises trade skills relevant to specific requirements of the enterprise at a level higher than Engineering Tradesperson – Level I.

Tasks which an employee at this Level may perform are subject to the employee having the appropriate Trade and Post trade training to enable the particular tasks to be performed.

Tasks Undertaken:

    • Operates a mobile crane with lifting capacity in excess of 80 tonnes and up to and including 180 tonnes

    • Electrical Fitter

    • Electrical Installer

    • Electrical Mechanic

    • Welder Special Class

    • Mechanical Trades Person – Special Class

Group 6

    - Intermediate /Advanced Rigger (Certified)

    - Intermediate /Advanced Scaffolder (Certified)

    - Painter Blaster

    - Poly Welder

    - Mobile Crane Operator Up to 20 tonnes

    - Mobile Equipment Operator Level 2

Engineering Tradesperson – Level 1

An Engineering Tradesperson – Level 1 holds a Trade Certificate or Tradesperson’s Rights Certificate as an:

    • Engineering Tradesperson (Automotive) Level 1; or

    • Engineering Tradesperson (Electrical/Electronic) – Level 1; or

    • Engineering Tradesperson (Mechanical) – Level 1; or

    • Engineering Tradesperson (Fabrication) – Level 1; or

    • Is able to exercise the skills and knowledge of that trade.

    An Engineering Tradesperson – Level 1 works above and beyond an Employee at Group 7 and to the level of the Employee’s training:

    1. Understands and applies quality control techniques.

    2. Exercises good interpersonal and communication skills.

    3. Exercises keyboard skills at a level higher than Group 7.

    4. Exercises discretion within the scope of this grade.

    5. Performs work under limited supervision, either individually or in a team environment.

    6. Operates all lifting equipment incidental to the employee’s work.

    7. Performs non-trade tasks incidental to the employee’s work.

    8. Performs work which, primarily involving the skills of the employee’s trade, is incidental or peripheral to the primary task and facilitates completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.

    9. Is able to inspect products and/or materials for conformity with established operational standards.

    Production Systems Employee

A Production Systems employee works above and beyond an employee at Group 7 and to the level of the employee’s training:

    1. Understands and applies quality control techniques.

    2. Exercises good interpersonal and communication skills.

    3. Exercises keyboard skills at a level higher than Group 7.

    4. Exercises discretion within the scope of this grade.

    5. Performs work under limited supervision, either individually or in a team environment.

    6. Is able to inspect products and/or materials for conformity with established operational standards.

Indicative of the tasks which an employee at this Level may perform are as follows:

    • Approves and passes first off samples and maintains quality of product.

    • Works from production drawings, prints or plans.

    • Operates, sets up and adjusts all production machinery in a plant, including production process welding to the extent of training

    • Can perform a range of engineering maintenance functions including:

      o Removal of equipment fastenings, including use of destructive cutting equipment;

      o Lubrication of production equipment;

      o Running adjustments to production equipment

    • Operates all lifting equipment

    • Basic production scheduling and materials handling within the scope of the production process or directly related functions within raw materials /finished goods locations in conjunction with technicians

    • Understands and applies computer techniques relating to production process operations

    • First class engine drivers certificate

    • Has high level stores and inventory responsibility beyond the requirements of an employee at Group 7

    • Assists in the provision of on-the-job training in conjunction with tradespersons and trainers

    • Has a sound knowledge of the employers operations as it relates to the production process

Tasks Undertaken:

    • Operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee in Group 7.

    • Operates a mobile crane with lifting capacity in excess of 20 tonnes and up to and including 80 tonnes.

    • Non destructive Testing Technician Level 2 (as defined by AS 3998-1992)

    • Mechanical Fitter

    • Welder

    • Pipe Fitter

    • Boilermaker

    • Mechanic

    • Carpenter

    • Painter

    • Sheetmetal Worker (1st Class)

    • Tradesperson - other

Operates the following types of mobile plant:

    • Crawler loader (above 15000kg mass, up to and including 600000kg mass)

    • Crawler tractor with powered attachments (above 15000kg, up to and including 600000kg mass)

    • Dumper, rear and bottom (above 30 cubic meters, up to and including 120 cubic meters struck capacity)

    • Excavator (above 0.5 cubic meters, up to and including 5.5 cubic meters struck capacity – this group includes Gradall)

    • Grader (35kw up to and including 190kw net engine power). Pneumatic tyred loader (above 105kw up to and including 500kw net engine power)

    • Scraper (above 10 cubic meters, up to and including 50 cubic meters struck capacity)

Group 7

    - Storeman

    - Forklift Operator

    - Dogperson

    - Basic Rigger (Certified)

    - Basic Scaffolder (Certified)

    - NDT Technician Assistant

    - Brush Hand

    - Steel Fixer

    - Mobile Equipment Operator Level 1

Engineering /Production Employee –

Level IV

Engineering /Production Employee – Level IV has completed 16 modules towards an Engineering Production Certificate II or equivalent training so as to enable the employee to perform work within the scope of this Level.

At this level an employee performs work above and beyond the skills of an employee at Group 8 and to the level of the employee’s training-

    1. Works from complex instructions and procedures

    2. Assists in the provision of on-the-job training to a limited degree

    3. Co-ordinates work in a team environment or works individually under general supervision

    4. Is responsible for assuring the quality of his/her own work

Indicative of the tasks which an employee at this level may perform are the following:

    • Uses precision measuring instruments

    • Machine setting, loading and operation

    • Rigging (Certified)

    • Inventory and store control, including:

    • Licensed operation of all appropriate materials handling equipment;

    • Use of tools and equipment within the scope of (basic non-trades) maintenance; and

    • Computer operations at a level higher than that of an employee at Group 8 Level.

    • Intermediate keyboard skills

    • Basic quality checks on the works of others

    • Is licensed and certified for forklift, engine driving and crane driving operations to a higher level than Group 8

    • Has a knowledge of the employer’s operations as it relates to production processes

    • Lubricates production machinery equipment

    • Assists in the provision of on-the-job training in conjunction with tradespersons and supervisor /trainers

Tasks Undertaken:

    • Operates machinery and equipment requiring the exercise and skill knowledge beyond that of an Employee at Group 8

    • Rigger or Scaffolder holding an “Intermediate or advance certificate of competency”

    • Operates mobile cranes with lifting capacity up to and including 20 tonnes

    • Operates articulated on site vehicles

    • Coxswain

    • Refractory Assistant

Operates the following types of mobile plant:

    • Bitumen Sprayer (driver)

    • Crawler loader (up to and including 15000kg mass)

    • Dumper, rear and bottom (above 2 cubic meters, up to and including 30 cubic meters struck capacity)

    • Grader ( below 35kw net engine power)

    • Pile Driver

    • Pneumatic tyred loader (up to and including 50kn net engine power)

    • Pneumatic tyred tractor with power operated attachments (above 15kw, up to and including 150kw net engine power)

    • Roller (8 tonnes and above)

    • Scraper (up to and including 10 cubic meters struck capacity)

Group 8

Trades Assistant

Engineering /Production Employee – Level III

Engineering /Production Employee – Level III has completed an Engineering Production Certificate I or equivalent training to enable him/her to perform work within the scope of this Level.

At this Level an employee performs work above and beyond the skills of an employee at Group 9 and to the level of his/her training-

    1. Is responsible for the quality of his/her own work, subject to routine supervision.

    2. Works under routine supervision, either individually or in a team environment.

    3. Exercises discretion within his/her level of skills and training.

Indicative of the tasks which an employee at this Level may perform are the following:

    • Operates flexibly between assembly stations

    • Operates machinery and equipment which requires exercising skills and knowledge beyond that of an employee at Group 9

    • Non-trade engineering skills

    • Basic tracing and sketching skills

    • Receiving, despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold), documenting and the recording of goods, materials and components

    • Basic inventory control in the context of a production process

    • Basic keyboard skills

    • Advanced soldering techniques

    • Boiler attendant

    • Operation of mobile equipment including forklifts, hand trolleys, pallet trucks, overhead cranes and winch operation

    • Ability to measure accurately

    • Assist one or more tradespersons

    • Welding which requires the exercise of knowledge and skills above Group 9

    • Assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainers

Tasks Undertaken:

    • Operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an Employee in Group 9.

    • Duties of a Dogperson

    • Duties of a scaffolder or rigging holding a “basic” certificate of competency (ie not including “intermediate or advanced” certificate of competency)

    • Steel-fixer (includes tack welding steel reinforcement)

    • Concrete workers (ie placing concrete and finishing placed concrete)

    • Cryogenic insulation lagger

    • Sheetmetal Worker (2nd Class)

    • Undertakes spotter’s duties for mobile equipment

    • Non Destructive Technician Level 1 (as defined by AS 3998 – 1992).

Operates the following types of equipment:

    • Bitumen Sprayer

    • Concrete Batching Plant

    • Aggregate Crushing Plant

    • Crawler tractor with power operated attachments (up to and including 2000kg shipping mass)

    • Concrete finisher (powered)

    • Hand sprayer (lance type)

    • Pneumatic tyred tractor with power operated attachments (up to and including 15kw net engine power)

    • Roller vibrating or non vibrating (under 8 tonnes) - not hand controlled

    • Trenching machine (small Ditch – Witch type)

    • Drilling machine

    • On site vehicle operator – flat tray

    • On site agitator truck operator

Group 9

    - General Labourer

    - Clean/Peggy

Engineering/Production Employee – Level II

Engineering/Production Employee – Level II has completed up to three months structured training so as to enable the employee to perform work within the scope of this level.

At this Level an Employee performs work to the level of the employee’s training-

    1. Works under direct supervision, either individually or in a team environment

    2. Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviation and faults

    3. Understands and utilises basic statistical process control procedures

Indicative of the tasks which an employee at this Level may perform are the following:

    • Repetitive work on automatic, semi-automatic or single purpose machines or equipment

    • Assembles components using basic written, spoken and/or diagrammatic instructions in an assembly environment

    • Basic soldering or butt and spot welding skills or cutting scrap with oxygen-acetylene blow pipe

    • Uses selected hand tools

    • Cleans boilers

    • Maintains simple records

    • Uses hand trolleys and pallet trucks

    • Assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainers

Tasks Undertaken:

    • Non Destructive Testing Technical Assistant

    • Operates Machinery and equipment requiring the exercise of basic skill and knowledge

    • Duties in a tool or material store including the receiving, despatching, distributing, sorting, checking, documenting and recording of goods, materials and components which may involve the use of forklifts, hand trolleys and similar lifting equipment

    • Operates hand controlled roller

    • Brush-hand”

[5] The variation as approved will come into force on 20 June 2013.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE898259  PR538094>

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