LGM Industries Pty Ltd

[2014] FWCA 5136

[2014] FWCA 5136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

LGM Industries Pty Ltd
(AG2014/6815)

LGM INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 AUGUST 2014

Application for variation of the LGM Industries Pty Ltd Enterprise Agreement 2013.

[1] An application has been made LGM Industries (the Applicant) for variation of the LGM Industries Pty Ltd Enterprise Agreement 2013 (the Agreement) as follows.

A. Clause 6 of the Agreement is amended to read as follows:

6 CLASSIFICATIONS AND WAGE RATES

6.1 Employees (other than apprentices) shall be paid no less than the following rates of pay:

Level	Permanent Ordinary Hourly Rate $	Casual (+13%) Ordinary Hourly Rate $
Group 1	22.50	24.50
Group 2	24.30	27.45
Group 3	27.00	30.50
Group 4	28.80	32.55
Group 5	31.50	35.60
Group 6	33.00	37.30

6.2 These rates of pay incorporate all allowances, penalty rates and overtime rates, unless specifically set out otherwise in this Agreement.

6.3 The above establish minimum rates of pay only and these rates may be increased at the Company’s discretion based upon years of experience in the industry and relevant qualifications.

6.4 Pay rates will be reviewed by the Company on an annual basis starting on the second year anniversary of approval of this Agreement.

6.5 Additional monies shall be paid to any employee who is deployed to work at any site other than the Company’s Halifax workshop location. Such additional monies shall be remunerated in the form of a ‘site allowance’ which shall be a flat hourly rate of $2.00 per hour paid for all hours actively worked on site exclusive of any monies which may be paid for travel time as specified in Clause 7 above.

6.5 Allowances

Allowances	Hourly Rate $
Leading Hand	$2
Pressure Pipe Welding To A S 4 0 4 1 (G T A W)	$2
Site Allowance	$2

B. Clause 7 of the Agreement is amended to read as follows:

Travel To and From the Bunbury Workshop and or Site

7.5 The employer and employee agree that for any site work within a 30 kilometre radius of LGM Industries Halifax workshop location the employee will drive their private vehicle to site rather than having to travel to the Workshop location in order to access a Company vehicle.

7.6 Such arrangements promote greater flexibility in start and finish times and do not require an employee to make a journey to the workshop location nor return there upon completion of their shift.

7.7 It is further agreed that the Company will not be liable for any damage as a result of accident or repairs for any breakdown which may occur during travel to site and return to the employee’s residence.

7.8 For the avoidance of doubt:

(a) no payment will be made for travel time from the employee’s home to the Bunbury Workshop located at 53 Halifax Drive, Bunbury, WA 6230 or from the Bunbury Workshop location to the Employee’s home;

(b) no payment shall be made for any travel time from the employee’s home to any other work site or the return to their home from any work site in their private vehicle where such site is located within a 30 kilometre radius from the Bunbury Workshop location.

7.9 Any travel required which is greater than a 30 kilometres radius to site should be done in Company Vehicles and employees will be paid for the travel time so incurred at their ordinary rate of pay.

7.10 Where an employee chooses to drive their private vehicle the Employee shall be paid as per 7.9 above for the travel time required.

C. Subclause 9.1 of the Agreement is amended to read as follows:

9.1 Ordinary Hours will not exceed 38 per week with 2 ‘additional’ hours to be worked each week and credited toward a ‘rostered day off’ (see 9.4 below) over a specified roster cycle and shall be worked in the following manner, Monday to Friday 8 hours per day.

D. A new subclause 9.4 is inserted into Clause 9 of the Agreement after Clause 9.3:

9.4 Rostered Day Off (RDO)

To promote flexibility in the workplace and provide additional leave time for family and personal matters for staff the following will be established:

a) Employees will work a 40 hour week comprising 38 ordinary hours and 2 ‘additional hours’ to be credited toward a rostered day off and paid at ordinary time rates of pay.

b) Eight (8) hours shall be accrued each 4 weeks and shall be taken as a paid day off work at a time mutually agreed between the employee and the employer.

c) For payroll and accounting purposes accrued RDO’s must be taken in minimum increments of one day (8 hours).

d) The Employer may also require an Employee to take accrued RDO’s by giving a minimum of 3 days’ notice or where the business shuts down all or any part of the business.

E. Subclauses 10.3 and 10.4 of the Agreement are amended to state as follows:

10.3 Subject to the provisions of this clause, all work done beyond the ordinary hours on any day, Monday to Friday, inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

10.4 Overtime performed on:

(a) Saturdays - the first 2 hours shall be paid at time and a half and thereafter at double time.

F. Subclause 14.7 of the Agreement is amended to read as follows:

14.7 Employees will be paid an annual leave loading of 15% of their ordinary over Award pay rate as specified at sub clause 6.1 above for all accrued annual leave.

G. A new subclause is inserted at 15.6 of the Agreement:

15.6 An Employee who has given notice of the taking of personal/carer’s leave must provide the Employer with evidence that would satisfy a reasonable person that the leave is being taken for the specified reason. To avoid doubt, evidence that would satisfy a reasonable person for the purposes of taking personal leave will be the production of a Doctor’s Certificate.

H. A new line entry is inserted into Appendix 1 of the Agreement under the heading “Group 3 - Task Undertaken” as follows:

“Tradesperson with less than 12 months experience post apprenticeship.”

[2] The variation is approved and will come into force on 1 August 2014.

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

DEPUTY PRESIDENT

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