Holdco Holdings Pty Ltd T/A Southern Shorthaul Railroad
[2015] FWCA 449
•19 JANUARY 2015
| [2015] FWCA 449 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Holdco Holdings Pty Ltd T/A Southern Shorthaul Railroad
(AG2014/10421)
SOUTHERN SHORTHAUL RAILROAD ENTERPRISE AGREEMENT 2012
Rail industry | |
COMMISSIONER CARGILL | SYDNEY, 19 JANUARY 2015 |
Application for variation of the Southern Shorthaul Railroad Enterprise Agreement 2012.
[1] An application has been made for approval of variations to an agreement known as the Southern Shorthaul Railroad Enterprise Agreement 2012 (the Agreement). The application was made pursuant to section 210 of the Fair Work Act 2009 (the Act)and was made by the employer party to the agreement (the Company).
[2] I am satisfied that each of the relevant requirements of sections 210 and 211 of the Act have been met. I approve the variations which are as follows:
[3] By inserting in clause 16.2 the word and clause number “and 16.3A” after 16.3.
[4] By inserting a new clause 16.3A as follows:
“Effective from the date the variation to the Agreement comes into operation after approval by Fair Work Commission; the employees agree to have their pay rates reduced to be paid in accordance with the below table:
Level 1 | |
Annual Wage | $39,101.68 |
Hourly Normal Time Rate | $19.79 |
Hourly Overtime Rate | $33.64 |
Hourly Casual Rate | $23.09 |
Hourly Casual Overtime Rate | $33.64 |
Level 2 | |
Annual Wage | $48,616.42 |
Hourly Normal Time Rate | $24.60 |
Hourly Overtime Rate | $36.10 |
Hourly Casual Rate | $27.48 |
Hourly Casual Overtime Rate | $36.10 |
Level 2.5 | |
Annual Wage | $63,388.17 |
Hourly Normal Time Rate | $32.07 |
Hourly Overtime Rate | $54.52 |
Hourly Casual Rate | $35.75 |
Hourly Casual Overtime Rate | $60.77 |
Level 3 | |
Annual Wage | $69,296.87 |
Hourly Normal Time Rate | $35.07 |
Hourly Overtime Rate | $59.62 |
Hourly Casual Rate | $39.11 |
Hourly Casual Overtime Rate | $66.49 |
Level 3.5 | |
Annual Wage | $77,942.68 |
Hourly Normal Time Rate | $39.44 |
Hourly Overtime Rate | $67.05 |
Hourly Casual Rate | $44.00 |
Hourly Casual Overtime Rate | $74.80 |
Level 4 | |
Annual Wage (No Company Car Allocated) | $97,167.68 |
Hourly Normal Time Rate (No Company Car Allocated) | $49.17 |
Hourly Normal Time Rate (Where a Company Car is Allocated) | $43.11 |
Hourly Overtime Rate | $73.27 |
Hourly Casual Rate | $48.09 |
Hourly Casual Overtime Rate | $81.74 |
Level 4.5 | |
Annual Wage (No Company Car Allocated) | $104,401.49 |
Hourly Normal Time Rate (No Company Car Allocated) | $52.83 |
Hourly Normal Time Rate (Where a Company Car is Allocated) | $46.77 |
Hourly Overtime Rate | $79.51 |
Hourly Casual Rate | $52.15 |
Hourly Casual Overtime Rate | $88.65 |
Level 5 | |
Annual Wage (No Company Car Allocated) | $111,287.73 |
Hourly Normal Time Rate (No Company Car Allocated) | $56.32 |
Hourly Normal Time Rate (Where a Company Car is Allocated) | $50.26 |
Hourly Overtime Rate | $85.44 |
Hourly Casual Rate | $56.04 |
Hourly Casual Overtime Rate | $95.28 |
[5] By deleting clause 16.4 and inserting the following:
“The rate of pay detailed in subclause 16.3A will be increased on Sunday 11 October 2015 by a percentage amount equal to the March Quarter 2014 to March Quarter 2015 12 month ABS 6401. Consumer Price Index All Group Sydney (Series ID A2325810A”
[6] In accordance with section 216 of the Act the variation operates on and from 19 January 2015.
COMMISSIONER
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