Ozroll Industries Pty Ltd

Case •

[2015] FWCA 1840

•

18 MARCH 2015

No judgment structure available for this case.
[2015] FWCA 1840
FAIR WORK COMMISSION

DECISION


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

Ozroll Industries Pty Ltd
(AG2015/394)

OZROLL INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 18 MARCH 2015

Application for variation of the Ozroll Industries Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Ozroll Industries Pty Ltd for the approval of a variation to the Ozroll Industries Pty Ltd Enterprise Agreement 2013, including renaming the Agreement to update the year to “2015” (“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) On the cover page, by updating the Agreement name to read:

    Ozroll Industries Pty Ltd Enterprise Agreement 2015

(b) In clause 1, by updating the Agreement name to read Ozroll Industries Pty Ltd Enterprise Agreement 2015.

(c) By replacing subclauses 31.2.1 and 31.2.2 as follows:

    “31.2.1 Wages will be increased from the first full pay period commencing on or after 1 July 2015, 2016, 2017 and 2018 in line with the applicable minimum weekly wage percentage increase determined by Fair Work Australia in its Annual Wage Review.

    31.2.2 2018 Wage Increment: It is agreed that the wage increment for 1 July 2018 will be the only wage increase for the 12 months commencing 1 July 2018.”

(d) By replacing Appendix A as follows:

    Employee classifications will be as follows:

    C14

    Probationary full time employees with no trade certification or qualifications

    Fit for purpose, holds driving license, ability to operate simple tools and work under instruction.

    C13

    Assembler min 6 months experience

    Able to cut, pin and have general assembly knowledge, work with minimal instruction.

    C12

    Assembler min 1 years' experience

    As per C13 plus able to assemble without direction, basic troubleshooting knowledge.

    C12

    Store man minimum 2 years' experience

    Hold forklift and driver's license, accurately assemble customer orders, Load and unload vehicles.

    C11

    Assembler min 2 years' experience

    As per C12 plus able to operate all machinery, assemble entire job from start to finish without direction, including prep, troubleshoot issues, train new employees and hold fork lift license.

    C10

    Storeman min 3 years' experience

    As per C12 plus demonstrated knowledge and understanding of business systems, able to assemble complex orders, work with little supervision, plus completion of cert Ill in Warehousing.

    C10

    Trade qualified assembler/domestic installers min 1 years’ experience

    Minimum C13 and must be trade qualified (carpentry, joiner, glazier) hold driver's license.

    C9

    Trade qualified assembler/domestic installers min 2+ years' experience

    As per C10 plus holds licenses for Forklift, and working at heights.)

    C8

    Trade qualified assembler/commercial installers min 1 years' experience

    As per C10 plus hold licenses for following Forklift and working at heights.

    C7

    Trade qualified assembler/commercial installers min 2+ years' experience

    As per C8 plus hold licenses for at least two of the following (boom lift under 16m, boom lift over 16m, Swing lift, or Scissor lift.)

(e) By replacing Appendix B as follows:

    Manufacturing and Associated Industries and Occupational Award 2010

    Adult employees

    Wage rates effective 01/01/15

    Federal Minimum Wages increase 0.41

    Hourly rate

    $

    Rate per Week (38 hour week)

    $

    Casual Hourly Rate (+25% Loading)

    $

    Level C14

    16.87

    641.06

    21.09

    Level C13

    17.60

    668.80

    22.00

    Level C12 (Stores Grade 1)

    18.27

    694.26

    22.84

    Level C11 (Stores Grade 2)(Paint Manufacturing)

    18.89

    717.82

    23.61

    Level C10

    21.00

    798.00

    26.25

    Level C9

    21.50

    817.00

    26.88

    Level C8

    26.00

    988.00

    32.50

    Level C7

    31.00

    1178.00

    38.75

    Allowances

    Per Week

    $

    Per Meal

    $

    Leading Hand <10 employees

    32.66

    Leading Hand 11 to 20 employees

    48.77

    Leading Hand >20 employees

    62.09

    First Aid

    14.82

    Meal Allowance

    13.23

(f) By replacing Appendix C as follows:

    Allowances

    Daily rates unless specified

    From

    From

    From

    From

    From

    Allowance title

    1/07/2014

    1/07/2015

    1/07/2016

    1/07/2017

    1/07/2018

    Explosive power tools

    1.86

    1.95

    2.05

    2.16

    2.27

    First-aid attendant (minimum qualification) per day

    3.33

    3.50

    3.68

    3.86

    4.05

    Multi-storey: commencement to 15th floor

    1.08

    1.13

    1.19

    1.25

    1.31

    Multi-storey: 16th to 30th

    1.29

    1.35

    1.42

    1.49

    1.57

    Multi-storey:31th to 45th

    2.00

    2.10

    2.21

    2.32

    2.44

    Multi-storey: 46th to 60th

    2.58

    2.71

    2.85

    2.99

    3.14

    Multi-storey: 61st and upwards

    3.01

    3.32

    3.49

    3.66

    3.85

    Swing scaffold first 4 hours 0-15 storeys

    5.68

    5.96

    6.27

    6.58

    6.91

    Swing scaffold after 4 hours 0-15 storeys

    1.19

    1.25

    1.32

    1.38

    1.45

    Swing scaffold first 4 hours 16-30 storeys

    7.32

    7.69

    8.07

    8.47

    8.89

    Swing scaffold after 4 hours 16-30 storeys

    1.55

    1.62

    1.71

    1.79

    1.88

    Swing scaffold first 4 hours 31-45 storeys

    8.66

    9.09

    9.55

    10.03

    10.53

    Swing scaffold after 4 hours 31-45 storeys

    1.83

    1.92

    2.02

    2.12

    2.23

    Swing scaffold first 4 hours 46-60 storeys

    14.18

    14.89

    15.64

    16.42

    17.24

    Swing scaffold after 4 hours 46-60 storeys

    2.98

    3.13

    3.29

    3.45

    3.62

    Swing scaffold first 4 hours greater than 60

    storeys

    18.09

    18.99

    19.93

    20.93

    21.98

    Swing scaffold after 4 hours greater than

    60 storeys

    3.80

    3.98

    4.19

    4.40

    4.62

    Tool allowance per hour:

    3.63

    3.70

    3.89

    4.08

    4.28

(g) By replacing Appendix D as follows:

    Site Allowance

    A site allowance shall be paid at the appropriate rate per hour flat for hours worked.

    Site allowance per hour

    Value of project

    1/07/2014

    1/07/2015

    1/07/2016

    1/07/2017

    1/07/2018

    $0- $20m

    1.79

    1.87

    1.97

    2.07

    2.17

    $20- $100m

    2.63

    2.76

    2.89

    3.03

    3.19

    $100- $200m

    3.68

    3.86

    4.05

    4.25

    4.47

    $200- $300m

    4.73

    4.96

    5.21

    5.47

    5.74

    $300- $400m

    5.25

    5.51

    5.79

    6.08

    6.38

    $400- $500m

    5.78

    6.06

    6.37

    6.69

    7.02

    $500- $600m

    6.30

    6.62

    6.95

    7.30

    7.66

    $600- $700m

    7.35

    7.72

    8.10

    8.51

    8.93

    $700m and over

    8.40

    8.82

    9.26

    9.72

    10.21

[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 18 March 2015.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE405124  PR562110>

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