National Integrated Services Pty Ltd T/A National Insulation Contractors

[2013] FWC 8689

[2013] FWC 8689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

National Integrated Services Pty Ltd T/A National Insulation Contractors
(AG2013/9596)

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 NOVEMBER 2013

Application for variation of the National Integrated Services Pty Ltd Workshop and On-Site Agreement 2012.

[1] An application has been made for a variation to an enterprise agreement known as the National Integrated Services Pty Ltd Workshop and On-Site Agreement 2012 (the Agreement). The agreement is a single enterprise agreement. This application was made by National Integrated Services Pty Ltd T/A National Insulation Contractors pursuant s.210 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for variation have been met.

[3] In accordance with s.210 of the Act, the Agreement is varied as follows:

1. By deleting the first paragraph of clause 5 - Scope and inserting the following:

“This Agreement shall apply to the employment of all persons employed by National integrated Services Pty Ltd in the classifications referred to in clause 15C and Attachment 1 of this Agreement engaged throughout Australia.”

2. By deleting clause 5(a) and inserting the following:

“5(a) The Agreement shall apply to all employees engaged in all work related to fabrication, Installation, Lagging, asbestos removal & Miscellaneous work associated with the companies workshop at Yennora and client’s sites performing Preparation, Shutdown and/or outage work throughout Australia.”

3. By inserting in clause 17 the following:

“17.5 Remote Site Project Allowance

At the discretion of National Integrated Services an employee may be entitled for each hour worked, a Remote Site Project Allowance up to a maximum of $5.50 per hour (flat allowance) this allowance will be paid for all hours Worked. The remote Site Project Allowance is not payable for work performed in a metropolitan region or in any NIS Workshop Facilities.

The Remote Site Project Allowance shall be deemed to contain compensation for all disabilities associated with being located for work purposes by NIS employees on remote projects.”

[4] The variation to the Agreement is approved and will operate from 12 November 2013.

[5] A copy of the consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE899327  PR544150 >