Point 2 Point Secure Pty Ltd

[2015] FWCA 469

[2015] FWCA 469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2014/11012)

POINT 2 POINT SECURE NSW AND THE TRANSPORT WORKERS’ UNION FAIR WORK AGREEMENT 2011-2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 12 FEBRUARY 2015

Application for variation of the Point 2 Point Secure NSW and the Transport Workers’ Union Fair Work Agreement 2011-2015.

[1] An application has been made for approval of a variation of the Point 2 Point Secure NSW and the Transport Workers’ Union Fair Work Agreement 2011-2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the employer party to the Agreement.

[2] I am satisfied that each of the relevant requirements of ss.210 and 211 of the Act have been met. I approve the variations which are as follows:

• To amend clause 1(j) to read:

“Permanent Employee means a person engaged on a weekly higher basis to work up to 38 hours per week.”

• To amend clause 12.1 to read:

“Ordinary hours of work for permanent employees are up to 38 hours per week.”

• To amend clause 12.4 to read:

“The span of ordinary hours will be from 6.00 a.m. to 10.00 p.m. Monday to Sunday.”

• To amend clause 13.2.2 to read:

“38 hours per week.”

• To amend Clause 14 - Annual Leave sub clause (b) to read:

“For permanent employees working 38 hours per week this accrual is equivalent to an entitlement four weeks’ paid annual leave for each completed year of service on a cumulative basis.”

• To amend Clause 14 - Annual Leave sub clause (c) to read:

“Permanent employees who work less than 38 hours per week will accrue annual leave on a pro-rata basis.”

• To amend Clause 14 - Personal Leave (Sick/Carer’s Leave) sub clause (b) to read:

“For permanent employees working 38 hours per week this accrual is equivalent to an entitlement 10 days’ paid personal leave for each completed year of service on a cumulative basis.”

• To amend Clause 14 - Personal Leave (Sick/Carer’s Leave) sub clause (c) to read:

“Permanent employees who work less than 38 hours per week will accrue personal leave on a pro-rata basis.”

• To replace the wording of Appendix A with the following:

“Employees will be employed in one of the following classifications as set out below:

Cleaner:

Cleaners perform the tasks customarily performed by cleaners utilizing a range of materials and equipment to clean a range of surfaces in order to maintain a clean and hygienic condition. Employees in this classification are responsible for the quality of their own work, subject to general supervision.

FLM Security Guard:

Security guards watch, guard or protect persons and/or premises and/or property at sites and locations. Employees in this classification are responsible for the quality of their own work, subject to general supervision. FLM Security Guards perform dedicated guarding duties for ITS Technicians.

SLM Security Guard

Security guards watch, guard or protect persons and/or premises and/or property at sites and locations. Employees in this classification are responsible for the quality of their own work, subject to general supervision. In addition to general guarding duties, SLM Security Guards may be required to provide safe access and use E-Services system to report on jobs to ITS, obtain combinations and security data.

Equipment Servicer:

Equipment servicers undertake routine servicing, repair and maintenance work within established guidelines and procedures which is not of a nature to require a qualified tradeperson.

Cash Collector:

Cash collectors

Multi-Classification Employee

A multi-classification employee possesses the skills required to perform the work of all other classifications as set out above and is regularly required to perform work across two or more classifications.

Employees who perform work of another classification as an incidental part of their work are not a multi-classification employee and will be paid the classification relevant to the majority of their work.”

• To add the following paragraph into Appendix B:

The pay rates below will apply from 1 October 2014

Classification	Ordinary Hourly Rate from 1 October 2014
Cleaner	$20.91
FLM Security Guard	$23.40
SLM Security Guard	$24.50
Equipment Servicer	$23.06
Cash Collector	$25.00
Multi-Classification Employee	$27.56

[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation operates on and from the date of this decision.

COMMISSIONER

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