Lean Field Developments Pty Ltd

[2015] FWCA 5067

[2015] FWCA 5067

FAIR WORK COMMISSION

DECISION

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

Lean Field Developments Pty Ltd
(AG2015/4044)

LEAN FIELD DEVELOPMENTS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 JULY 2015

Application for variation of the Lean Field Developments Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Lean Field Developments Pty Ltd for the approval of a variation to the Lean Field Developments Pty Ltd Enterprise Agreement 2014 (“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.

[3] The Agreement is varied as follows:

A. At clause 18.1, the table is replaced as below:

Classification	As of 1 June 2015 hourly rate	As of 1 June 2016 hourly rate	As of 1 Jan 2017 hourly rate
Level 5	$ 34.70	$ 35.57	$ 36.46
Level 4	$ 33.90	$ 34.75	$ 35.62
Level 3	$ 32.10	$ 32.90	$ 33.73
Level 2	$ 30.20	$ 30.96	$ 31.73
Level1	$ 29.30	$ 30.03	$ 30.78
Entry Level	$ 27.30	$ 27.98	$ 28.68

B. By replacing clause 19 as below:

19. Classification

An Employee will be engaged as one of the following:

Level 5

Means an Employee who is required to perform, and does perform, any or all of the following functions or is required to operate and does operate, the following equipment, and who has completed all appropriate licences, and who has been assessed by the employer as being competent in those functions or equipment:

• Welder (Pressure) - Trade Certified



• Electrical & Instrumentation Technician



• Steel Welder (1st Class and B Class Pressure Welder)



• Leading Hand



• Electrical Technician



• Electrical and Instrumental Technician



• Plant Operator (Specialist)



• Truck Driver - multiple combinations




Level 4

Means an Employee who is required to perform, and does perform, any or all of the following functions or is required to operate and does operate, the following equipment, and who has completed all appropriate licences, and who has been assessed by the employer as being competent in those functions or equipment:

• Fitter - Certificate III in Engineering - Mechanical Trade



• Fitter - Certificate III in Engineering - Piping Trade



• Boilermaker - Certificate III in Engineering - Fabrication Trade



• Electrician - Certificate III in Electro tecnology - Systems



• Plant Mechanic



• Instrument Tube Fitter



• Other Tradespersons



• Advanced Rigger



• Mobile Crane Over 60 Tonnes



• Excavator Operator - Appointed in writing by the Employer as a Special Class Operator for Live Pipeline Excavations



• Plant Operator



• Machine Operator (Advanced)



• Boiler Maker



• Pipe Fitter (Advanced)




Level 3

Means an Employee who is required to perform, and does perform, any or all of the following functions or is required to operate and does operate, the following equipment, and who has completed all appropriate licences, and who has been assessed by the employer as being competent in those functions or equipment:

• Excavator Operator



• Trenching Machine Operator (Rock saw Trencher or Bucket Wheel Trencher)



• Side boom Operator



• Crawler Tractor Operator (eg Bulldozer)



• Grader Operator



• Front End Loader Operator



• Backhoe Operator



• Non Slewing Mobile Crane Operator



• Slewing Mobile Crane (up to 60 Tonnes) Operator



• Poly welder Advanced - Electro-Fusion Large Diameter, Manifold installation,



• Fast Fusion Machine



• Bending Machine Operator



• Rigger (to intermediate level)



• Scraper (over 20m3) Operator



• Truck Driver - Heavy combination



• Truck Driver - Heavy Rigid



• Vehicle Mounted Crane



• Welder - with no Trade Certification



• Fitter - with no Trade Certification



• Pipefitter- with no Trade Certification




Level 2

Means an Employee who is required to perform, and does perform, any or all of the following functions or is required to operate and does operate, the following equipment, and who has completed all appropriate licences, and who has been assessed by the employer as being competent in those functions or equipment:

• Articulated Dump Truck



• Truck Driver - Medium Rigid



• Truck Driver - Fuel or Service Truck



• Truck Driver - Not elsewhere classified



• Scraper Operator 20m3 and under



• Skid Steer (e.g. Bobcat)



• Forklift Operator



• Tack Welding Rig Tractor



• Roller Operator - Over 2 litre engine



• Rubber Tyred Tractor - Power Operated Attachment (e.g. tractor with slasher)



• Poly welder Basic - Butt Welding



• Sandblaster



• Hand wrapper or Coater



• Pipe layer - With pipe laying certificate



• Hydrostatic Pressure Testing Equipment Operator



• Dogman



• Serviceman (Non Trades)



• Mandrel placing expanding and contracting



• Material and Tool Storeman



• Advanced Trades Assistant



• Operator (Basic)



• Storeman



• Fuel or Service Operator




Level 1

Means an Employee who is required to perform, and does perform, any or all of the following functions or is required to operate and does operate, the following equipment, and who has completed all appropriate licences, and who has been assessed by the employer as being competent in those functions or equipment:

• Labourer not elsewhere classified



• Stores Labourer



• Rehabilitation Labourer



• Trades Assistant



• Driver of Mobile Equipment not elsewhere specified on-propelled Equipment Operators



• Pipe X-ray Technician's Assistant



• Concrete Finisher



• Mobile Winch Unit



• Jackhammer Operator



• Vibratory Compactor Machine Operator



• Holiday Detector Operator



• Mandrel Operator



• Clamp Operator



• Survey Instrument Hand



• Post-hole Digger/Fencer



• Buffer & Grinder



• Traffic Controller




Entry Level

An Employee at this Level is an entry level Employee with less than 3 months experience in the industry. An Employee at this level would be expected to move to level 1 at the completion of the probationary period, subject to a satisfactory performance review.

a) Each employee upon appointment will be designated into a classification which will establish the employees' rate of pay.

b) There will be no demarcation or restrictions between functions or organisational status including, or between traditional crafts, occupations, vocations or callings.

c) The Employer may direct an employee to carry out such duties and use tools and equipment as may be required provided that the employee has been properly instructed in the use of such tools and equipment.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The variation is approved and will come into operation on 31 July 2015.

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

SENIOR DEPUTY PRESIDENT

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