KSJV Australia Pty Ltd T/A KSJV

[2014] FWCA 7073

[2014] FWCA 7073

FAIR WORK COMMISSION

DECISION

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

KSJV Australia Pty Ltd T/A KSJV
(AG2014/7438)

KSJV CURTIS ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 OCTOBER 2014

Application for variation of the KSJV Curtis Island Greenfields Agreement 2013.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by KSJV Australia Pty Ltd T/A KSJV (“the Employer”) for the approval of a variation to the KSJV Curtis Island Greenfields Agreement 2013 (“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. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has filed a declaration in support of the variation.

[3] The Agreement is varied as follows:

(1) By deleting the time period appearing in clause 5 and replacing it with “of 1st August 2017”.

(2) By moving clause 7.3(d) to become 7.3(e) and inserting the following wording at 7.3(d):

"For a casual employee, either the employee or the Employer will have the right to terminate employment by giving the other party one (1) days' notice"

(3) By moving clause 7.3(e) to become 7.3(g) and inserting the following wording at 7.3(f):

"Neither the Employer, nor employee shall provide notice which extends into an R&R week.''

(4) By deleting the amount “$82” appearing in clause 7.4 and inserting “$90” and deleting the words “from the 1st May 2013”.

(5) By deleting the amount “$16.40” appearing in clause 7.4(c) and inserting “$18.00”.

(6) By deleting the year “2014” appearing in 7.4(d) and inserting the year “2015”.

(7) By deleting the whole of clause 8.3 and insert the following new clause 8.3:

(a) Night shift means any shift commencing after 2:00pm and finishing at or before 7:00am.

(b) The ordinary hours of night shift work will be an average of thirty-six (36) hours per week, averaged over a fifty-two (52) week period from Monday to Friday inclusive.

(c) Employee(s) shall be engaged on night shift by agreement with their Employer. Such agreement shall not be unreasonably withheld.

(d) No rotational night shift work will be undertaken. Once an employee is engaged on night shift work, they will continue to work the regular night shift roster until they return to day work.

(e) The arrangements for night shift work will be:

(1) Shift cycles must run for at least five (5) days duration. Where less than five (5) consecutive shifts are worked, the employee is still considered a shift worker, but shall not, for those shifts, be paid the night shift loading in subclause 8.3(f) below and instead shall be paid for each shift, one half time extra for the first two (2) hours and time extra for the remaining hours in addition to the Base Hourly Rate. The consecutive nature of a shift will not be deemed to be broken by any authorised or unauthorised absence or if work is not performed on a Saturday, Sunday, Public Holiday or any RDO.

(2) Forty-eight (48) hours' notice of the commencement of shift work must be provided to affected employee(s), other than in emergencies, or unless otherwise agreed. In the absence of forty-eight (48) hours' notice, the Employer shall treat the hours worked as a normal work day and pay for all hours worked at appropriate penalty rates, until such time the forty eight (48) hours since the request to commence shift work has lapsed.

(3) If an employee works less than five (5) consecutive shifts, they will not be entitled to the higher rates of pay under clause 8.3(e)(1) if they are also entitled to overtime under clause 11.4(e).

(f) Night Shift Penalties

(1) All night shifts worked between Monday and Friday shall attract a flat shift loading of 30% of the employee's Base Hourly Rate, for all hours that the employee is engaged on those shifts.

(2) All night shifts worked between midnight Friday and midnight on Saturday shall attract a flat shift loading of 50% of the employee's Base Hourly Rate, for all hours that the employee is engaged on those shifts.

(3) All night shifts worked between midnight Saturday and midnight on Sunday shall attract a flat shift loading of 100% of the employee's Base Hourly Rate, for all hours that the employee is engaged on those shifts.

(4) The flat night shift loading is calculated as a percentage of the employee's Base Hourly Rate and is not compounded by any overtime rates or other allowances.

(g) Majority Hours

(1) For the purpose of clarifying subclause 8.3(f), where the majority of ordinary hours of the shift fall on a particular day, this determines the shift penalty payment that applies to that particular shift. By way of example, a ten (10) hour nightshift, commencing at 6:00pm on Friday and finishing at 4:00am on Saturday would be deemed to be a 'Friday shift'.

(2) If a shift has exactly the same amount of ordinary hours across two days, then the shift penalty payment that applies to the first of the two days will apply to that particular shift. By way of example, an eight (8) hour night shift commencing at 8:00pm on Friday and finishing at 4:00am on a Saturday would be deemed to be a Friday shift".

8.4 Examples of operation of hours of work

(a) Ordinary Work Day

Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Ordinary	8	8	8	8	8
Time + ½	2	2	2	2	2	2
2x Time	8	10

(b) Night Shift Work

Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Ordinary	8	8	8	8	8
Night shift penalty	+30% of Ord T rate for each hour worked	+30% of Ord T rate for each hour worked	+30% of Ord T rate for each hour worked	+30% of Ord T rate for each hour worked	+30% of Ord T rate for each hour worked
2x Time	2	2	2	2	2	10	10
Night shift penalty	+30% of Ord T rate for each hour worked	+30% of Ord T rate for each hour worked	+30% of Ord T rate for each hour worked	+30% of Ord T rate for each hour worked	+30% of Ord T rate for each hour worked	+50% of Ord T rate for each hour worked	+50% of Ord T rate for each hour worked

(8) By inserting the following wording to create a new clause 8.4(d):

"In recognition of Union concerns about work cycles, the Employer commits to move to a 3-1 work cycle for non-local employees in the second half of 2017. The Employer also commits to meeting with the Unions in the first half of the third year of the term of this Agreement to discuss appropriate work cycles for local employees and to establish mechanisms to convert to a 3-1 work cycle for non-local employees."

(9) By inserting the following additional wording at clause 8.5(b) after the word "employment":

"Subject to a minimum of one (1) weeks' prior approval by the Employer, and subject to operational requirements, a non-local employee may take a singular RDO within the four (4) week roster cycle for private business. This provision is intended to be used for the 'one off' requirements of the employee as opposed to enabling regular absences from the project. The Employer, by agreement with the affected employee or employees, may substitute a designated RDO for another day to allow greater continuity of operations"

(10) By inserting the following additional clauses 9.2(b), 9.2(c), 9(d):

(b) Where the Project staffing levels and the circumstances of the individual Project can accommodate the cessation of motelling (also known as "book in book out") on a sustainable basis, the practice will cease. Each Project is expected to reach this cessation point at a different time, specifically the APLNG Project during first quarter 2015, the GLNG Project during first quarter 2015 and the QCLNG Project during fourth quarter 2014.

(c) Construction camp utilisation levels will be reviewed by the individual Projects and lead delegate/s of the Unions named in subclause 3{c) on a monthly basis commencing fourth quarter 2014.

(d) The camp capacity of each of the three Projects is: the QCLNG Project 1700 rooms, the GLNG Project 1680 rooms, the APLNG Project 2600 rooms. Once motelling has ceased on a particular Project (in accordance with subclause 10.2(b)), an adequate number of camp rooms will remain in service so as to allow and maintain permanent room allocation.

(11) By inserting the additional wording in clause 9.5(f) after the sentence ending with "shift":

"As clarification, the default position is that all non-local employees will work 4 (four) hours on the last working day of the employee's work roster, and will travel on project supplied charter flights where they are provided".

(12) By moving clause 9.5(g) to become 9.5(i), moving 9.5(h) to become 9.5(j), moving 9.5(i) to become 9.5(k) respectively and inserting the following new clauses 9.5(g) and 9.5(h) to reflect the following wording:

(g) In the event that an employee using the charter flight reaches their final interstate High Capacity Airport (or an airport midway through their journey), at or after 10pm (Queensland time) on the last day after working four (4) hours, they will have the option of being provided with overnight accommodation. Also, on a case-by-case basis (and as approved by the Site Manager for the Project) accommodation may be provided where there is a significant journey for the employee to drive after reaching the final High Capacity airport;

(h) Notwithstanding subclause 9.5(g) above, an employee using the charter flight who would reach their final interstate High Capacity Airport (or an airport midway through their journey}, at or after 9pm and in the normal course of events would not arrive at their usual place of residence until after 10pm (Queensland time) on the last working day, after they have worked the four (4) hours, will be able to either utilise subclause 9.5(g) above, or alternatively will have the option of:

(1) Reporting to work on the last day, but leaving before the full four (4) hours work have been completed;

(2) Catching an earlier commercial flight; and

(3) Taking authorised leave without pay for those hours not

worked.

(13) By inserting a new row 5 into the existing table contained in clause 10.3 and inserting the additional notation at the bottom of that table:

5* 95 95 95

*Where a 5th year dual tradesperson apprentice has completed their 4th year apprenticeship and holds a current electrical licence, the employee will be paid 100% of Group A.

(14) By deleting the existing wording in clause 10.3- Adult Apprentices paragraph one and inserting the following wording and table:

An adult apprentice is defined as a person who is 21 years of age or older at the time of entering an apprenticeship.

Existing Employees

Existing employees of the employer who are offered an adult apprenticeship will maintain their current base hourly rate of pay (not inclusive of allowances) in accordance with their existing classification or will be paid in accordance with the adult apprentice payment table below as per their designated equivalent year of apprenticeship whichever is greater.

New Employees

New employees of the Employer who are employed as adult apprentices will be paid in accordance with the adult apprentice payment table below as per their designated equivalent year of apprenticeship.

Adult Apprentice Payment Table

Equivalent Year	Percentage of Group A
1	80%
2	85%
3	90%
4	95%

(15) By deleting table in clause 11.2 (a) and inserting the following new table and notation:

All Purpose Allowances
Leading Hand (as defined} 1-9 employees 10-19 employees 20 or more employees	75.00 112.00 150.00	2.08 3.11 4.17
Rigger, Dogger, Scaffolders holding and using licenses issued pursuant to the relevant Act and/or Regulations	37.98	1.06
Tradesperson tool allowance	42.93	1.19
Tradesperson allowance	87.72	2.44
Plumbing and/or Electrical licence	56.94	1.58
Crane Operation -Lofty or Tower Crane	85.38	2.37
Mobile Crane i} up to 80 tonne ii} over 80 tonne and up to 120 tonne iii} over 120 tonne and up to 300 tonne iv} over 300 tonne and up to 500 tonne v} over 500 tonne	18.97 66.47 75.90 85.40 92.58	0.53 1.85 2.11 2.37 2.57
Qualification payments (Refer to Appendix 1 - Definitions} i} Welder Tested * ii} Welder- Special Class * iii} Welder- Special Class Exotic Materials * iv} Instrumentation Tradesperson v} Instrumentation Tradesperson- Complex Systems vi} Electrical/Mechanical Tradesperson Special Class vii} Control Systems Tradesperson ** viii} Instrumentation and Control Tradesperson *** ix} Electronics Tradesperson ***	37.98 66.47 116.33 37.98 66.47 66.47 66.47 170.82 170.82	1.06 1.85 3.23 1.06 1.85 1.85 1.85 4.75 4.75

*All licensed tradespeople are required to maintain tradesperson licences/certificates applicable to their trade. The employee is required to provide a copy of all applicable licences/ certificates to the Employer upon renewal

(16) By deleting table contained in 11.2(b) and inserting the following new table:

Flat Allowances

Daily

Travel:

A flat daily travel allowance will be paid to each employee, for each day the employee reports for work and works as directed by their Employer.

The Travel Allowance includes reimbursement for all costs, expense and inconvenience incurred with any travel to and from a Project, and to and from the workplace for the crew pre-start meeting.

$45.00 per day

*Increases to $50.00 per day as of 1 November 2014

*Increases to $55.00 per day as of 1 November 2016

Ferry Allowance:

A flat daily ferry allowance will be paid to each employee for inconvenience incurred (including unforseen delays) associated with ferry travel for each day the employees reports for work and works as directed by the Employer.

In the event of road access to any project replacing the need for ferry travel, such payment will cease and all travel will be compensated as per the travel allowance as stated above.

The above allowance is only payable to employees requiring daily travel, by ferry, to and from the project site. It is not payable to employees such as non-local employees who may utilise the ferry service for R&R, mobilisation/demobilisation and other related purposes.

$35.00 per day

Flat Allowances

Daily

Curtis Island "island living" Allowance

A flat daily allowance will be paid to each employee required to reside in one of the Curtis Island construction camps on the island. (Not applicable to those employees who reside in mainland camps- who are in receipt of the ferry allowance).

This will be paid for each day the employee resides in the construction camp and reports to work as rostered and works as directed. It is not payable for non work days.

This allowance is paid in recognition of the uniqueness of the Curtis Island Project.

$10.00 per day

Curtis Island LNG Project Productivity Payment

A flat daily allowance will be paid to each employee (local or non-local} who reports to work and works as directed. It is not payable for non work days.

This payment does not apply for periods of authorised or unauthorised leave including, but not limited to R&R, annual, Long Service, Personal Leave, Workers Compensation and any form of industrial action.

The payment is made for the commitment of the employee to the achievement of optimum productivity, continuous work, complying with timekeeping requirements and performing duties within the employees assigned classification group as per Clause 11 on the Curtis Island LNG Projects.

$10.00 per day

*Increases to $30.00 per day from 1 November 2014

Meal Allowance:

An employee shall receive a $10.20 meal allowance where the employee works two {2) hours or more overtime after the ordinary ceasing time, Monday to Friday.

In the circumstances where an employee is required to work more than 8 hours overtime on either a Saturday or Sunday, a meal will be provided or a payment of $10.20 meal allowance in lieu will be made.

This provision shall not apply to employees who are in receipt of board and lodging or to employees who are supplied with meals.

$10.20

Flat Allowances

Weekly

First Aid:

An employee appointed by the Employer to be a first aid attendant will be paid a flat 1st Aid payment per week

$19.30

(17) By moving clause 11.4(g) to 11.4(h) respectively and inserting a new clause 11.4(g) as follows:

(g) The Employer may withdraw overtime on a Project due to operational reasons. To effect this cancellation, the Employer shall post a signed notice on a designated notice board (or boards) no later than 1.30pm the day prior to the impacted overtime shift.

(18) By deleting the percentage of "9%" appearing in clause 12 and inserting "9.5%".

(19) By deleting the amount of "$160" appearing in clause 12 and inserting "$180".

(20) By deleting the dot point in clause 12 "$165 per week from 1 May 2014" and inserting new dot point "$185 per week- from 1 May 2016".

(21) By inserting a new clause 13.3(b):

(b) Where clause 13.3 applies, clause 13.1 will not apply.

(22) By deleting the table in 14.1(b) and inserting the following table;

1 November 2014	2.5%
1 May 2015	2.5%
1 November 2015	2.5%
1 May 2016	2.5%
1 November 2016	2.5%
1 May 2017	2.5%

(23) By deleting “*Agreed escalations beyond expiry date of agreement are included in Appendix 4." And “**Agreed escalations beyond expiry date of agreement. Not included in Appendix 4." As they appear respectively in clause 14.1(b).

(24) By inserting the additional wording after the word "holiday" in clause 15.4:

"If a public holiday falls during an employee's R&R and the employee would normally be rostered to work hours on that day, then the employee will be paid their base hourly rate for the ordinary hours they would normally have worked on that day".

(25) By inserting "All parties including the employer have access to steps in the procedure" to make new sub clause 16.1(a)(3).

(26) By deleting the whole text of clause 17 and inserting the following:

(a) The Employer shall consult with the affected employees about major workplace changes that are likely to have a significant effect on the employees, or a change to their regular roster or ordinary hours of work.

(b) An employee may be represented/or the process set out in this Clause 17, if they choose.

(c) Normal and customary incidences associated with the construction industry and construction projects are not considered major workplace changes. Such incidences include:

(1) the downsizing of labour resources due to program requirements; or

(2) the completion, or partial completion, of any construction work covered by this Agreement.

(d) If a term in this Agreement provides for a major change to production, program, organisation, structure or technology, the requirements set out in this Clause 17 shall not apply.

(e) For a change to the employees' regular roster or ordinary hours of work, the Employer must:

(1) provide information to the employees about the change, subject to the Employer not being required to disclose confidential or commercially sensitive information; and

(2) invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

(3) consider any views given by the employees about the impact of the change.

(27) By deleting:

"Provided the cost of each such policy is no more than 1.4% (inclusive of GST and stamp duty) of an employee's gross earnings." as it appears in clause 19 and inserting "Provided the cost of each such policy is no more than 1.6% (inclusive of GST and stamp duty) of an employee's gross earnings, increasing to 1.8% (inclusive of GST and stamp duty) of an employee's gross earnings on 1 May 2015."

(28) By inserting a new clause 24 as follows:

24. Equitable Treatment Process

24.1 Objective of the Equitable Treatment Process

The Equitable Treatment Process is an interactive process to deal with concerns in respect of an employee's performance, and/or behaviour. The supervisor is responsible to initiate any action under this process. All formal counselling shall be documented.

24.2 Steps in the Equitable Treatment Process

(a) The employee concerned shall receive formal counselling from the supervisor.

(b) If the concern continues, the employee shall be counselled by a more senior manager. The employee shall be formally warned, in writing, of the impact of continuing with the unsatisfactory performance and/or behaviour and this may include an indication that the employee's job is at risk.

(c) If the concern continues and the employee does not respond to a formal warning of possible dismissal, employment may be terminated.

(d) At levels 24.2(a) to 24.2(c) inclusive of the above, the employee may choose to have their appointed union delegate under the terms of this Agreement in attendance.

(e) In counselling set out in levels 24.2(a) to 24.2(c) inclusive, the employee shall be advised of:

(1) The performance and/or behaviour deemed to be unsatisfactory,

(2) The action to take to correct the problem,

(3) The consequence of the unsatisfactory performance and/or behaviour continuing.

(f) The above steps do not need to be progressed separately for each separate performance and/or behaviour concerned, but may be progressed based on distinct and/or cumulative performance and/or behaviour concerns.

(g) In circumstances involving serious misconduct, immediate termination of employment may occur without the above steps.

(h) Similarly, where more serious cases of unsatisfactory performance and/or behaviour warrant, the above steps may be condensed and the Employer may progress directly to formal counselling by a more senior manager and/or formal warning.

(i) The Parties acknowledge that nothing within this Clause 24.2 shall prevent and/or limit the Employer from having informal discussions about performance and/or conduct of an employee, with that employee.

(29) By inserting a new clause 25 as follows:

25. Temporary Foreign Labour

(a) The Parties to the Agreement recognise that there may be a requirement to engage Temporary Foreign Labour to supplement the Australian workforce after extensive sourcing and recruitment efforts demonstrate that there still remains insufficient suitable Australian workers available to do the work.

(b) For the purpose of this clause 'Temporary Foreign Labour" shall mean any person who requires a temporary visa to live and work within Australia whilst engaged in the classifications listed in this Agreement.

(c) Where the Employer is required to engage such labour, the Employer shall ensure:

(1) that all temporary foreign labour employed will continue to be employed in accordance with the work entitlements of their visas;

(2) the employee receives the same wages as per this Agreement;

(3) wages will be direct credited to the employee's Australian bank account;

(4) recruitment is undertaken pursuant to the Project Recruitment Process, inclusive of;

(i) medical examinations (both for employment and immigration) at no cost to the employee;

(ii) detailed letter of offer;

(iii) pre-employment verification of qualification, English competency and competency testing to verify skill and capability is to Australian standard; and

(5) the employee incurs no upfront costs or costs on an ongoing basis as a result of recruitment.

(30) By inserting a new clause 26 as follows:

26. Delegates

26.1 Appointed Union Delegates

(a) The Employer will recognise duly elected employee representative(s) (delegates) of the Unions named in subclause 3{c), as advised in writing by the relevant union, that verifies the Union is satisfied that a proper election has been conducted by employees of the Employer whom the Union can represent, and that the delegate is a person who can represent the industrial

interest of employees of the Employer.

(b) The delegate will only be recognised for the purpose of representing employees of the Employer within that Union's coverage.

(c) The Employer will, where requested, provide delegates with reasonable access to facilities including phone, facsimile, computer/printer, photocopier.

26.2 Delegates Training

(a) The Parties to this Agreement recognise the value of enabling recognised delegates to attend formal courses that promote the practice of sound industrial relations and which will assist the delegate to resolve issues in accordance with the Disputes Resolution Process set out in Clause 18 of this Agreement.

(b) Application to the Employer to release the employee must be in writing and be provided with no less than 14 days' notice of the proposed training.

(c) The granting of leave pursuant to this clause will be subject to the Employer being able to make adequate staffing arrangements during the period of leave.

(d) Employees on leave approved in accordance with this clause, will be paid without loss of earnings( excluding shift penalties) for rostered time hours.

(e) All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause will be the responsibility of the employee.

(31) By deleting the whole text of “Appendix 2” and inserting the following:

EXAMPLE LOCAL ROSTER

(a) The roster below provides an example of a potential local RDO roster for a Project.

The key principals of the example roster below are:

(1) Regular rostered overtime Monday to Friday for all employees

(2) Overtime may be available for employees on weekends

(3) Hours worked Monday to Friday as a minimum for all employees

(4) The Employee will be advised what Roster Cycle he/she is required to work in their offer of employment.

(5) The Roster Cycles may be staggered with up to four (4) separate cycles (e.g. A- D)

(6) Each Roster Cycle includes the ability for employees to:

(i) Take a combination of 2 RDOs, either on the Monday and Tuesday or Thursday and Friday following the completion of a four week roster cycle, in accordance with the four (4) week roster cycle in which the employee is assigned; or

(ii) To bank a maximum of six {6} RDOs, and where agreed with the Employer, use for a specific purpose (e.g. "Annual Holidays"); or to have those six (6} banked RDOs paid out; or

(iii) Elect to bank all accrued RDOs and have those paid out upon termination of employment.

(7) The Employer, by agreement with the affected employee or employees, may substitute a designated RDO for another day to allow greater continuity of operations.

(8) The Employer will not be required to pay overtime rates for any RDO worked in the above circumstances;

(9) RDOs will be paid out at the employee's Base Hourly Rate

(b) The example Roster Cycle A below is a roster based on the employee electing to accrue their RDOs.

Employees have the option to accrue and bank six {6} RDOs and use for a specific purpose such as annual leave or they may elect to have the RDOs paid out. The employee also has the option of banking all accrued RDOs and having them paid out upon termination of employment.

The shaded days are weekend days. All other days are required work days. The rosters detailed below do not take in to account paid out rest breaks when calculating overtime.

Roster cycle A	Week 1							Week 2							Total
	M	T	W	TH	F	S	S	M	T	W	TH	F	S	S
Ordinary hours paid	7.2	7.2	7.2	7.2	7.2	-	-	7.2	7.2	7.2	7.2	7.2	-	-	72 hours ordinary
RDO accrual	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	8 hours RDO accrual
Time and a half	2	2	2	2	2	-	2	2	2	2	2	-	20 hours
Double time	-	-	N/A
Week 3							Week 4							Total
M	T	W	TH	F	S	S	M	T	W	TH	F	S	S
Ordinary hours paid	7.2	7.2	7.2	7.2	7.2	-	-	7.2	7.2	7.2	7.2	7.2	-	-	72 hours ordinary
RDO accrual	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	8 hours RDO accrual
Time and a half	2	2	2	2	2	-	2	2	2	2	2	-	20 hours
Double time	-	-	N/A

(c) The example Roster Cycle 8 below is a roster based on the employee electing to take their accrued RDOs upon the completion of four weeks worked. Roster 8 requires employees, who elect to take their RDOs, to take them on Thursday and Friday of the last week of the cycle.

The shaded days are weekend days or potential RDO days, dependent upon employee's elective. All other days are required work days. The rosters detailed below do not take in to account paid out rest breaks when calculating overtime.

Roster cycle B	Week 1							Week 2							Total
	M	T	W	TH	F	S	S	M	T	W	TH	F	S	S
Ordinary hours paid	7.2	7.2	7.2	7.2	7.2	-	-	7.2	7.2	7.2	7.2	7.2	-	-	72 hours ordinary
RDO accrual	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	8 hours RDO accrual
Time and a half	2	2	2	2	2	-	2	2	2	2	2	-	20 hours
Double time	-	-	N/A
Week 3							Week 4							Total
M	T	W	TH	F	S	S	M	T	W	TH	F	S	S
Ordinary hours paid	7.2	7.2	7.2	7.2	7.2	-	-	7.2	7.2	7.2	RDO (7.2)	RDO (7.2)	-	-	72 hours ordinary
RDO accrual	0.8	0.8	0.8	0.8	0.8	0.8	0.8	0.8	-	-	6.4 hours RDO accrual
Time and a half	2	2	2	2	2	-	2	2	2	-	-	-	16 hours
Double time	-	-	-	-	N/A

(d) The example Roster Cycle C is based on the same principals as Roster B with the exception that the RDOs, should they be elected to be taken, will be required to be taken on the Monday and Tuesday following the completion of their work cycle. Roster C is based on an employee commencing their work cycle mid-week and having already completed a work cycle.

Roster cycle C	Week 1							Week 2							Total
	M	T	W	TH	F	S	S	M	T	W	TH	F	S	S
Ordinary hours paid	RDO (7.2)	RDO (7.2)	7.2	7.2	7.2	-	-	7.2	7.2	7.2	7.2	7.2	-	-	72 hours ordinary
RDO accrual	-	-	0.8	0.8	0.8	-	-	0.8	0.8	0.8	0.8	0.8	-	-	6.4 hours RDO accrual
Time and a half	-	-	2	2	2	-	-	2	2	2	2	2	-	-	16 hours
Double time	-	-	-	-	-	-	-	-	-	-	-	-	-	-	N/A
Week 3							Week 4							Total
M	T	W	TH	F	S	S	M	T	W	TH	F	S	S
Ordinary hours paid	7.2	7.2	7.2	7.2	7.2	-	-	7.2	7.2	7.2	7.2	7.2	-	-	72 hours ordinary
RDO accrual	0.8	0.8	0.8	0.8	0.8	-	-	0.8	0.8	0.8	0.8	0.8	-	-	8 hours RDO accrual
Time and a half	2	2	2	2	2	-	-	2	2	2	2	2	-	-	20 hours
Double time	-	-	-	-	-	-	-	-	-	-	-	-	-	-	N/A

EXAMPLE NON-LOCAL ROSTER

(a) Roster Cycle A below provides an example of a potential non-local roster for a Project.

The key principals of the example roster below are:

(1) Commencement of roster cycle on Wednesday.

(2) Last work day of roster cycle (28th day) is Tuesday in Week 4-4 hours is worked.

(3) Regular rostered overtime Monday to Saturday for all employees, with 10 hours worked weekdays and 8 hours worked on Saturday.

(4) Additional Overtime may be available for employees on Sunday's when required.

(5) Accrued RDOs paid out during R&R period or upon termination from project.

The grey shaded days are days upon which work is not rostered and the noted R&R areas denote the non-worked R&R period. All other days are required work days. The rosters detailed below do not take in to account paid out rest breaks when calculating overtime.

Roster Cycle A	Week 1							Week 2								Total
	M	T	W	TH	F	S	S	M	T	W		T	F	S	S
Ordinary Hours Paid	R&R	R&R	7.2	7.2	7.2	-	-	7.2	7.2	7.2		7.2	7.2	-	-	57.6 hours ordinary
RDO Accrual	-	-	0.8	0.8	0.8	-	-	0.8	0.8	0.8		0.8	0.8	-	-	6.4 hours RDO accrual
Time and a Half	-	-	2	2	2	2	-	2	2	2		2	2	2	-	20 hours
Double Time	-	-	-	-	-	6	-	-	-	-		-	-	6	-	12 hours
Week 3							Week 4								Total
M	T	W	TH	F	S	S	M	T	W		T	F	S	S
Ordinary Hours Paid	7.2	7.2	7.2	7.2	7.2	-	-	7.2	7.2	7.2		7.2	7.2	-	-	72 hours ordinary
RDO Accrual	0.8	0.8	0.8	0.8	0.8	-	-	0.8	0.8	0.8		0.8	0.8	-	-	8 hours RDO accrual
Time and a Half	2	2	2	2	2	2	-	2	2	2		2	2	2	-	24 hours
Double Time	-	-	-	-	-	6	-	-	-	-		-	-	6	-	12 hours
Week 5							Total
M	T	W	TH	F	S	S
Ordinary Hours Paid	7.2	7.2	R&R	R&R	R&R	R&R	R&R	14.4 hours ordinary
RDO Accrual	0.8	0.8	-	-	-	-	-	1.6 hours RDO accrual
Time and a Half	2	-	-	-	-	-	2 hours
Double Time	-	-	-	-	-	-	-	0 hours

(b) The R&R period officially starts on Wednesday, the day following the 28th day worked. A maximum of seven (7) days of R&R is able to be taken with a re-commencement of work at the normal start time on the following Wednesday.

(c) The last working day or shift (day 28) worked requires the employee to work four (4) hours. The employee is also paid an additional four (4) hours as per clause 10.5 to enable them to ready themselves for R&R travel. Such payment is paid and counted as "time worked" where the last working day or shift is a Monday - Friday day or shift. The payment will not be deemed as time worked and shall be paid at ordinary time should the

last working day or shift of an employees work roster be a weekend day or shift.

(d) The initial work cycle may be longer or shorter duration than the 28 days in order for employees to be placed within an existing roster cycle. In such instances the provisions of subclause 10.5(c) will apply.

(e) Subject to a Project's requirements, variations of rosters will be determined by the Employer to ensure that a roster that best suits the operational requirements of that Project are implemented. Various factors as outlined in Clause 8 of this Agreement will be considered during this process.

(32) By Deleting the table in Appendix 4 (a) Weekly all Purpose Wage and inserting the following table:

Level	From 01/05/14	From 01/11/14	From 01/05/15	From 01/11/15	From 01/05/16	From 01/11/16	From 01/05/17
A	$1,644.67	$1,685.79	$1,727.93	$1,771.13	$1,815.41	$1,860.79	$1,907.31
B	$1,612.61	$1,652.93	$1,694.25	$1,736.60	$1,780.02	$1,824.52	$1,870.13
C	$1,580.59	$1,620.10	$1,660.61	$1,702.12	$1,744.68	$1,788.29	$1,833.00
D	$1,549.17	$1,587.90	$1,627.60	$1,668.29	$1,709.99	$1,752.74	$1,796.56
E	$1,480.20	$1,517.21	$1,555.14	$1,594.01	$1,633.86	$1,674.71	$1,716.58

(33) By deleting the table in Appendix 4(b) Weekly All Purpose Allowances and inserting the following table:

Allowance	From 01/05/14	From 01/11/14	From 01/05/15	From 01/11/15	From 01/05/16	From 01/11/16	From 01/05/17
Leading Hand
(i) 1 to 9 employees	$75.00	$76.88	$78.80	$80.77	$82.79	$84.86	$86.98
(ii) 10 to 19 employees	$112.00	$114.80	$117.67	$120.61	$123.63	$126.72	$129.89
(iii) 20 or more employees	$150.00	$153.75	$157.59	$161.53	$165.57	$169.71	$173.95
Licensed Riggers, Dogmen and Scaffolders	$37.98	$38.93	$39.90	$40.90	$41.92	$42.97	$44.05
Tradesperson's Tool Allowance	$42.93	$44.00	$45.10	$46.23	$47.39	$48.57	$49.79
Tradesperson's Allowance	$87.72	$89.91	$92.16	$94.46	$96.83	$99.25	$101.73
Plumbing and/or Electrical Licence	$56.94	$58.36	$59.82	$61.32	$62.85	$64.42	$66.03
Crane Operation
Loft or Tower Crane	$85.38	$87.51	$89.70	$91.94	$94.24	$96.60	$99.01

Mobile Crane
(i) Up to 80 tonne	$18.97	$19.44	$19.93	$20.43	$20.94	$21.46	$22.00
(ii) Over 80 and up to 120 tonne	$66.47	$68.13	$69.84	$71.58	$73.37	$75.20	$77.08
(iii) Over 120 and up to 300 tonne	$75.90	$77.80	$79.74	$81.74	$83.78	$85.87	$88.02
(iv) Over 300 tonne	$85.40	$87.54	$89.72	$91.97	$94.27	$96.62	$99.04
(v) Over 500 tonne	$92.58	$94.89	$97.27	$99.70	$102.19	$104.75	$107.36
Qualification Allowances
(i) Welder - Tested	$37.98	$38.93	$39.90	$40.90	$41.92	$42.97	$44.05
(ii) Welder - Special Class	$66.47	$68.13	$69.84	$71.58	$73.37	$75.20	$77.08
(iii) Welder - Special Class Exotic Materials	$116.33	$119.24	$122.22	$125.27	$128.41	$131.62	$134.91
(iv) Instrumentation Tradesperson	$37.98	$38.93	$39.90	$40.90	$41.92	$42.97	$44.05
(v) Instrumentation Tradesperson - Complex Systems	$66.47	$68.13	$69.84	$71.58	$73.37	$75.20	$77.08
(vi) Electrical/Mech anical Tradesperson Special Class	$66.47	$68.13	$69.84	$71.58	$73.37	$75.20	$77.08
(vii) Control Systems Tradesperson	$66.47	$68.13	$69.84	$71.58	$73.37	$75.20	$77.08
(viii) Instrumentation and Control Tradesperson	$170.82	$175.09	$179.47	$183.95	$188.55	$193.27	$198.10
(ix) Electronics Tradesperson	$170.82	$175.09	$179.47	$183.95	$188.55	$193.27	$198.10

(34) By deleting the table in Appendix 4(a) Weekly Flat Allowances and inserting the table as follows:

Allowance	From 01/05/14	From 01/11/14	From 01/05/15	From 01/11/15	From 01/05/16	From 01/11/16	From 01/05/17
First Aid Attendant	$19.30	$19.78	$20.28	$20.78	$21.30	$21.84	$22.38

[4] The variation is approved and will come into operation on 8 October 2014.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE403527  PR556345>