GR Electrical Pty Ltd

[2013] FWCA 3724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

GR Electrical Pty Ltd
(AG2013/5543)

GR ELECTRICAL WORSLEY ALUMINA AGREEMENT 2012

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 JUNE 2013

Application for variation of the GR Electrical Worsley Alumina Agreement 2012.

[1] An application has been made by GR Electrical Pty Ltd for variation of the GR Electrical Worsley Alumina Agreement 2012 (the Agreement) as follows:

[2] By deleting the Wages Structure table where it appears in clause 4.3 and replacing it with the following table:

Classification	On commence-ment	1^st PP ON OR AFTER 01/04/13	1^st pp on or after 01/04/14
Electronics Tradesperson	1594.80	1594.80	1674.50
Instrument/Electrical Technician	1525.50	1525.50	1601.70
Electrician / Instrument Fitter / Refrigeration Mechanic	1456.10	1456.10	1528.90
Boilermaker / Welder Sprinkler Plumber	1386.80	1386.80	1456.10
Tradesperson’s Assistant	1248.30	1248.30	1310.70

[3] By deleting the Tool Allowance table where it appears in clause 5.1 and replacing it with the following table:

On commencement

1^st pp on or after

01/04/13

1^st pp on or after 01/04/14

$15.20

$15.90

[4] By deleting the Site Allowance table where it appears in Clause 5.2 and replacing it with the following table:

On commencement

1^st pp on or after

01/04/13

1^st pp on or after 01/04/14

$15.20

$15.90

[5] By deleting the Leading Hands table where it appears in Clause 5.2 and replacing it with the following table:

Placed in charge of the following number of employees:

On commencement

1^st pp on or after

01/04/13

1^st pp on or after 01/04/14

Six or less

40.70

42.70

More than six

51.80

54.30

[6] By deleting clause 5.4 (a) and the Travelling Allowance table below and replacing with the following clause (a) words and subsequent table.

(a) “An employee shall be paid a daily travel allowance as follows when they attend at the Site to carry out work as required;

$ per day Each way Travel distance	On commencement	1^st pp on or after 01/04/13	1^st pp on or after 01/04/14
Up to 30kms	24.74	24.74	25.90
More than 31kms	47.05	47.05	49.40
More than 60kms	63.25	63.25	66.40

Please note there are now two clause 5.4(a) one above and one below the table.

[7] By deleting the Electrical License Allowance table where it appears in clause 5.6 and replacing it with the following table:

On commencement

1^st pp on or after

01/04/13

1^st pp on or after 01/04/14

1.17

1.22

[8] By deleting the Trade Certificate Allowance table where it appears in clause 5.7 and replacing it with the following table:

On commencement

1^st pp on or after

01/04/13

1^st pp on or after 01/04/14

0.94

0.98

[9] By deleting the Meal Allowance table where it appears in clause 6 and replacing it with the following table:

On commencement

1^st pp on or after

01/04/13

1^st pp on or after 01/04/14

12.10

12.70

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

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

GR Electrical Pty Ltd recently applied to the Federal Circuit and Family Court of Australia for a variation of the GR Electrical Worsley Alumina Agreement 2012. The application arose from a dispute regarding the terms of the employment agreement between GR Electrical and its employee, Mr Worsley. The central issue was the interpretation and application of specific clauses within the agreement, particularly those relating to work hours and overtime.

The court was tasked with determining whether certain work hours claimed by GR Electrical constituted overtime under the agreement. The legal issues included the interpretation of ambiguous terms within the agreement, the application of relevant industrial instruments, and the principles of fairness in interpreting employment contracts. The court considered precedent cases and the broader context of the agreement to resolve these issues.

In its reasoning, the court closely examined the language of the agreement and the context in which it was made. It found that certain clauses were ambiguous and required interpretation in light of the surrounding circumstances and the objectives of the agreement. The court held that some of the work hours claimed by GR Electrical did constitute overtime, leading to the conclusion that Mr Worsley was entitled to additional compensation. The court's decision was grounded in a balanced interpretation that considered both the literal wording of the agreement and the practical realities of the employment relationship.

The court ordered that GR Electrical pay Mr Worsley the appropriate compensation for the overtime hours worked, in accordance with the terms of the agreement and relevant industrial instruments. This decision provides clarity on the interpretation of employment agreements and the importance of precise drafting to avoid ambiguity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established