RCR O'Donnell Griffin Pty Limited T/A O'Donnell Griffin

Case •

[2015] FWCA 1464

•

6 MARCH 2015

No judgment structure available for this case.
[2015] FWCA 1464
FAIR WORK COMMISSION

DECISION


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

RCR O'Donnell Griffin Pty Limited T/A O'Donnell Griffin
(AG2014/10534)

RCR O'DONNELL GRIFFIN QUEENSLAND LNG PROJECTS UNION GREENFIELD AGREEMENT

Electrical contracting industry

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 6 MARCH 2015

Application for variation of the RCR O'Donnell Griffin Queensland LNG Projects Union Greenfield Agreement.

[1] An application has been made for a variation to an enterprise agreement known as the RCR O’Donnell Griffin Queensland LNG Projects Union Greenfield Agreement (the Agreement). The Agreement is a greenfields agreement. This application was made by RCR O’Donnell Griffin Pty Ltd (the Employer) pursuant to s.210 of the Fair Work Act 2009 (the Act) on 18 December 2014.

[2] The Agreement was certified by me in a decision on 5 May 2014 [2014 ] FWCA 2930. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) is the organisation covered by the Agreement. Its nominal expiry date is 14 April 2015.

[3] The variation involves very extensive changes to the Agreement. They relate to:

    ● The Agreement’s duration
    ● Redundancy entitlements
    ● Shift work
    ● Hours of Work
    ● Classifications
    ● Rates of pay
    ● Allowances
    ● A number of other conditions and administrative matters.

[4] I conducted a telephone conference of the parties on 3 February 2015. As a result of the explanation provided by the Employer and the CEPU I am satisfied that the variation is appropriate, given the need to conform to the standard in wages and conditions established for the Bechtel Curtis Island workforce. There were, however, a number of issues with the presentation of the variation. These have now been resolved through discussions between the Employer and the CEPU.

[5] Subsequent to the conference, reformatted versions of the variation and the consolidated agreement, incorporating the variations, have been provided. Both documents are attached to this decision. They have been agreed to by the CEPU.

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

[7] The variation to the Agreement can be found at Annexure A to this decision.

[8] The variation is approved and, in accordance with s.216 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 12 May 2016.

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

DEPUTY PRESIDENT

Appearances:

A. Tait for the Applicant.

P. Rogers for the CEPU.

Hearing details:

2015

February 3 (telephone conference).

Annexure A

Summary of Variations to the RCR O’Donnell Griffin Queensland LNG Projects Union Greenfield Agreement

11 December 2014

Clause

Description

Reason

BOOT

3. Parties

Add new clause b)

Employees of the Employer as defined in subclause 4(a) (Employees)

Conforms to Bechtel Agreement and as addressed with ETU.

Defines Employees as party to the agreement

Clarification

4. Application

Add new clause b) 2)

“scope of work” is limited to scope of work for the QCLNG Project, the APLNG Project and the GLNG Project, which includes PJET activities and functions, and does not include any other projects or expansions; and

Conforms to Bechtel Agreement and as addressed with ETU.

Definition not included in original agreement

No material change to employees

Add new clause e)

Whilst the Employer may contract work to independent contractors for a variety of reasons, the Employer acknowledges that it is not its intention to use contracting to undermine the terms and conditions of employees under this Agreement.

Conforms to Bechtel Agreement and as addressed with ETU.

Not included in original agreement.

No material change to employees.

6. Duration of the Agreement

Amendment

Change period of agreement from one (1) year to two (2) years

Extends the period of the agreement from one to two years

Maintains employment opportunities for longer period

8.2 Probation Period

Add new clause b)

A formal mid-point probation performance review will be conducted and discussed with the Employee

Conforms to Bechtel Agreement and as addressed with ETU.

Review period

8.3 Termination of Employment

Add new clause e)

Neither the Employer, nor employee shall provide notice which extends into an R&R week

Conforms to Bechtel Agreement and as addressed with ETU.

Clarification

8.5 Redundancy entitlements

Delete existing clause

a) The Employer will pay $82.00 per week (pro-rata for part time employees) to each employee (other than a casual employee) engaged under this Agreement for each week of service on a Project(s), upon termination. Payment into an Approved Employee Entitlement Fund will satisfy compliance with this clause. ACIRT and CIRTQ (with its related benefits fund, Jetco) indicate that they are Approved Employee Entitlement Funds.

b) Where an employee takes an unauthorised absence, the employee will not accrue redundancy entitlements under clause 8.5 (a) above for that day. An employee will accrue at the daily rate of $14.80 for each day worked during the week (limited to Monday-Friday) of the unauthorised absence. The daily rate of accruals will apply to part time employees. The weekly amount in clause 8.5 (a) above will be increased by $2 per year each 1 May, for the duration of the Agreement as set out in the escalation table in sub-clause 15.1 (b). The corresponding pro rata amount set out in clause 8.5 (b) above will be increased accordingly.

c) The payments under this clause are inclusive of any statutory entitlements an employee may have to severance or redundancy payments.

Replace with

a) The Employer will pay $90.00 per week (pro-rata for part time employees) for each employee (other than a casual employee) engaged under this Agreement for each week of service on the Project(s) into one of the following:

    1) for electrical and all sprinkler fitting, plumbing, electrical and instrumentation tradespersons, roofing/siding, electrical storepersons and electrical trades assistants - a combination of CIRTQ and Jetco, the CIRTQ related benefits fund (comprising $10 per week to Jetco and the balance to CIRTQ);

    2) for sheet metal, mechanical and fabrication tradespersons, non-destructive testing employees and industrial painters - ACIRT;

    3) in the case of crane drives, mobile crane drivers, excavator drivers, forklift drivers, carpenters and painters – ACIRT or a combination of BERT and BEWT, the BERT related benefits fund; and

    4) in respect of all occupations and roles within the scope of the classification structure, except those listed in subclauses 8.5(a)(1), 8.5(a)(2) and 8.5(a)(3) – ACIRT.

b) Where an employee takes an unauthorised absence, the employee will not accrue redundancy entitlements under subclause 8.5(a) above for that day. An employee will accrue at the daily rate of $18.00 for each day worked during the week (limited to Monday - Friday) of the unauthorised absence. The daily rate of accruals will apply to part time employees.

c) The weekly amount in subclause 8.5(a) above will be increased to $92.00 on 1 May 2015, and then by $2.00 per year each 1 May, for the duration of the Agreement. The corresponding pro rata amount set out in subclause 8.5(b) above will be increased accordingly.

The payments under this clause are inclusive of any statutory entitlements an employee may have to severance or redundancy payments.

Increase redundancy payment from $82 to $90 per week.

Increase pro-rata day rate value to $18.00.

Increase by $2 increment annually

Clarified to ensure payments made to ACIRT & CIRTQ and aligns with requirements of ETU

10% initial increase then 2% increase next year

9.1 Setting Ordinary Hours of Work

Add to clause b) 6)

remain at their workface until their designated finishing time. The Employer shall make clear what are reasonable times to pack-up and/or depart the workface prior to a work break and/or finishing time. Five minutes shall be allowed for wash-up prior to a break and/or finishing time.

Conforms to Bechtel Agreement and as addressed with ETU.

Clarifies expectations required prior to breaks and/or finishing time

Clarification

9.2 Hours of work

Add to clause a) 2)

Generally, employees (other than shift workers) will work within the above start and finish times. The above start and finish times, by agreement between the Employer and the directly affected employee, may be moved by up to one hour either way without penalty, by agreement between the Employer and the directly affected employees, or failing agreement, by the Employer giving one (1) weeks’ notice to the directly affected employees.

Conforms to Bechtel Agreement and as addressed with ETU.

Clarifies notice Employer to give to Employees to make changes to start and finish times where agreement can’t be reached

Clarification

9.3 Shift Work

Delete existing clause

a) The nominal ordinary hours of shift work (whether continuous or not) will be an average of 36 hours per week from Monday to Sunday inclusive over a work roster cycle.
b) Shift Penalties — Monday to Friday:

    (1) Day shift (not day work) - Base Hourly Rate

    (2) Afternoon/night shift — Base Hourly Rate plus a flat shift loading of 15% of the employee's Base Hourly Rate, for all hours that the employee is engaged on an afternoon/nightshift

c) Shift Penalties— Monday to Friday— Non-Rotating:

    (1) Permanent non-rotating shift (night shift) — Base Hourly Rate plus a flat shift loading of 30% of the employee's Base Hourly Rate, for all hours that the employee is engaged on a permanent non-rotating shift (night shift)

d) Shift Penalties — Weekends:

    (2) All ordinary shifts worked by shift workers between midnight Friday and midnight on Saturday shall be paid Base Hourly Rate plus a flat shift loading of 50% of the employee's Base Hourly Rate.

    (3) All ordinary shifts worked by shift workers between midnight Saturday and midnight on Sunday shall be paid Base Hourly Rate plus a flat shift loading of 100% of the employee's Base Hourly Rate.

e) Majority Hours

    (1) Where the majority of ordinary hours fall on a particular day determines the shift penalty payment for the ordinary hours of a particular shift.

    (2) To avoid confusion, a 10 hour nightshift, commencing at 6:00pm on Friday and finishing at 4:00am on Saturday would be deemed to be a "Friday' shift for determining ordinary time shift penalty with the overtime paid in accordance with subclause 12.4 (e).

f) Afternoon shift means any shift commencing after 2.00pm.
g) Night shift means any shift commencing at or after 6.00pm.
h) The arrangements for non-rotating night shift work will be:

    (1) Shift cycles must run for at least five days duration. Where less than five (5) consecutive shifts are worked then employees shall be paid for each shift, one half time extra for the first two (2) hours and time extra for the remaining hours in addition to the Base Hourly Rate. The consecutive nature of a shift will not be deemed to be broken if work is not carried out on a Saturday, Sunday or RDO or on any public holiday.

    (2) Notice of the commencement of shift work must be at least 48 hours, other than in emergencies, or unless otherwise agreed.

Replace with

    a) Night shift means any shift commencing after 2:00pm and finishing at or before 7:00am.
    b) The ordinary hours of night shift work will be an average of thirty-six (36) hours per week, averaged over a fifty-two (52) week period from Monday to Friday inclusive.
    c) Employee(s) shall be engaged on night shift by agreement with their Employer. Such agreement shall not be unreasonably withheld.
    d) No rotational night shift work will be undertaken. Once an employee is engaged on night shift work, they will continue to work the regular night shift roster until they return to day work.
    e) The arrangements for night shift work will be:
    1) Shift cycles must run for at least five (5) days duration. Where less than five (5) consecutive shifts are worked, the employee is still considered a shift worker, but shall not, for those shifts, be paid the night shift loading in subclause 9.3(f) below and instead shall be paid for each shift, one half time extra for the first two (2) hours and time extra for the remaining hours in addition to the Base Hourly Rate. The consecutive nature of a shift will not be deemed to be broken by any authorised or unauthorised absence or if work is not performed on a Saturday, Sunday, Public Holiday or any RDO.
    2) Forty-eight (48) hours notice of the commencement of shift work must be provided to affected employee(s), other than in emergencies, or unless otherwise agreed. In the absence of forty-eight (48) hours notice, the Employer shall treat the hours worked as a normal work day and pay for all hours worked at appropriate penalty rates, until such time the forty eight (48) hours since the request to commence shift work has lapsed.
    3) If an employee works less than five (5) consecutive shifts, they will not be entitled to the higher rates of pay under clause 9.3(e)(1) if they are also entitled to overtime under clause 12.4(e).

f) Night Shift Penalties

    1) All night shifts worked between Monday and Friday shall attract a flat shift loading of 30% of the employee’s Base Hourly Rate, for all hours that the employee is engaged on those shifts.
    2) All night shifts worked between midnight Friday and midnight on Saturday shall attract a flat shift loading of 50% of the employee’s Base Hourly Rate, for all hours that the employee is engaged on those shifts.
    3) All night shifts worked between midnight Saturday and midnight on Sunday shall attract a flat shift loading of 100% of the employee’s Base Hourly Rate, for all hours that the employee is engaged on those shifts.
    4) The flat night shift loading is calculated as a percentage of the employee’s Base Hourly Rate and is not compounded by any overtime rates or other allowances.

g) Majority Hours

    1) For the purpose of clarifying subclause 9.3(f), where the majority of ordinary hours of the shift fall on a particular day, this determines the shift penalty payment that applies to that particular shift. By way of example, a ten (10) hour nightshift, commencing at 6:00pm on Friday and finishing at 4:00am on Saturday would be deemed to be a ‘Friday shift’.
    2) If a shift has exactly the same amount of ordinary hours across two days, then the shift penalty payment that applies to the first of the two days will apply to that particular shift. By way of example, an eight (8) hour night shift commencing at 8:00pm on Friday and finishing at 4:00am on a Saturday would be deemed to be a “Friday shift”.

Conforms to Bechtel Agreement and as addressed with ETU.

Clarifies new Shift Work requirements under Bechtel Agreement.

Deletes reference to Afternoon/Night shift with 15% penalty and defines Day and Night shift and associated penalties only.

Change to shift work pattern

9.4 Examples of operation of hours of work

Modify Clause

Conforms to Bechtel Agreement and as addressed with ETU.

Moved table from Appendix in previous agreement to 9.4

Formatting only

9.5 Rosters

Add new clause d)

In recognition of Union concerns about work cycles, the Employer commits to move to a 3-1 work cycle for non-local employees in the second half of the third year of the term of this Agreement. The Employer also commits to meeting with the Unions in the first half of the third year of the term of this Agreement to discuss appropriate work cycles for local employees and to establish mechanisms to convert to a 3-1 work cycle for non-local employees.

Conforms to Bechtel Agreement and as addressed with ETU.

Roster cycle to change from 4-1 to 3-1 cycle 2nd half of the 3rd year term.

More favourable roster swing for employees

9.6 Rostered Day Off (RDO)

Add to clause a)

Subject to a minimum of one (1) weeks’ prior approval by the Employer, and subject to operational requirements, a non-local employee may take a singular RDO within the four (4) week roster cycle for private business. This provision is intended to be used for the ‘one off’ requirements of the employee as opposed to enabling regular absences from the project.

Conforms to Bechtel Agreement and as addressed with ETU.

Clarifies taking of single RDO days

Clarification

10.2 Accommodation

Add new clauses b) c) and d)

b) Where the Project staffing levels and the circumstances of the individual Project can accommodate the cessation of motelling (also known as “book in book out”) on a sustainable basis, the practice will cease. Each Project is expected to reach this cessation point at a different time, specifically the APLNG Project during first quarter 2015, the GLNG Project during first quarter 2015 and the QCLNG Project during fourth quarter 2014.
c) Construction camp utilisation levels will be reviewed by the individual Projects and lead delegate/s of the Unions named in subclause 3(c) on a monthly basis commencing fourth quarter 2014.
d) The camp capacity of each of the three Projects is: the QCLNG Project 1700 rooms, the GLNG Project 1680 rooms, the APLNG Project 2600 rooms. Once motelling has ceased on a particular Project (in accordance with subclause 10.2(b)), an adequate number of camp rooms will remain in service so as to allow and maintain permanent room allocation.

Conforms to Bechtel Agreement and as addressed with ETU.

Provides clarity of accommodation for non-local employees.

Expands and clarifies

10.4 Project closure at Christmas

Add to clause a)

Where applicable, the terms set out in subclauses 10.5 h) and 10.5 i) will apply.

Conforms to Bechtel Agreement and as addressed with ETU.

10.5 Rest & Recreation

Add clauses g) h) and i)

g) As clarification, the default position is that all non-local employees will work 4 (four) hours on the last working day of the employee’s work roster, and will travel on project supplied charter flights where they are provided.
h) In the event that an employee using the charter flight reaches their final interstate High Capacity Airport (or an airport midway through their journey), at or after 10pm (Queensland time) on the last day after working four (4) hours, they will have the option of being provided with overnight accommodation. Also, on a case-by-case basis (and as approved by the Site Manager for the Project) accommodation may be provided where there is a significant journey for the employee to drive after reaching the final High Capacity airport;
i) Notwithstanding subclause 10.5(g) above, an employee using the charter flight who would reach their final interstate High Capacity Airport (or an airport midway through their journey), at or after 9pm and in the normal course of events would not arrive at their usual place of residence until after 10pm (Queensland time) on the last working day, after they have worked the four (4) hours, will be able to either utilise subclause 10.5(g) above, or alternatively will have the option of:

    1) Reporting to work on the last day, but leaving before the full four (4) hours work have been completed;
    2) Catching an earlier commercial flight; and
    3) Taking authorised leave without pay for those hours not worked.

Conforms to Bechtel Agreement and as addressed with ETU.

Provides clarity of accommodation for non-local employees.

Provides clarification in the event the Employer provides Charter flights.

Clarification

11.3 Classification Groups

Add Category to a) Apprentices

* Where a 5th year dual tradesperson apprentice has completed their 4th year apprenticeship, and holds a current electrical licence, the employee will be paid 100% of Group A.

Conforms to Bechtel Agreement and as addressed with ETU.

Provides clarity for Junior dual trade apprentices and associated % pay rate

Clarification and uplift for dual trade 5th year Junior apprentices

Delete b) Adult Apprentices

Any employee engaged as an adult apprentice will be paid at the remuneration level of the Classification Group as set out below or the appropriate apprentice yearly percentage of Group A (as outlined above), whichever is the greater.

Replace with b) Adult Apprentices

An adult apprentice is defined as a person who is 21 years of age or older at the time of entering an apprenticeship.

    1) Existing Employees

    Existing employees of the Employer who are offered an adult apprenticeship will maintain their current base hourly rate of pay (not inclusive of allowances) in accordance with their existing classification or will be paid in accordance with the adult apprentice payment table below as per their designated equivalent year of apprenticeship whichever is the greater.

    2) New Employees

    New employees of the Employer who are employed as adult apprentices will be paid in accordance with the adult apprentice payment table below as per their designated equivalent year of apprenticeship.

Adult Apprentice Payment Table

Conforms to Bechtel Agreement and as addressed with ETU.

Confirms with changes to legislation Apprentice Rates of Pay

Increase to

Add to Group A

Non Destructive Testing person
Lofty and / or Tower Crane Driver
Mobile Crane Driver over 80 t capacity
Dual & Advanced Ticketed (As defined)
Final trim Grade Operator
Formworker/Formsetter
Licensed Drainlayer
Driver of crawler tractors D8, D9, D10 and D11 (power above 228 kW)
Driver of Grader – over 100 BHP
Driver of excavator – over 100 BHP
Driver of Tractor – over 150 BHP
Driver of scraper loader – makers heaped capacity over 26 cm, equivalent to CAT 633.

Driver of Front End Loader – greater than 4.7 cm

Driver of trucks – over 20 tonnes capacity

Driver of pneumatic tyred tractor and wheel loader – over 110 kW

Conforms to Bechtel Agreement and as addressed with ETU.

Categories were included in Definitions section in previous agreement but not outlined in this clause

Adjusts previous formatting ommission

Add Group B

Cryogenic Insulator
Concrete Finisher
Rigger – Licenced pursuant to the Act and/or Regulations

Scaffolder - Licenced pursuant to the Act and/or Regulations

Dogger - Licenced pursuant to the Act and/or Regulations
Steel Fixer
Structural Concreting
Mobile Crane Driver –up to 80 t capacity
Driver of crawler tractor up to and including CAT D6 and D7 (power between 104-171 kW)
Driver of Grader – up to 100 BHP
Driver of excavator – up to 100 BHP
Driver of Tractor – up to 150 BHP
Driver of motor vehicle – carrying capacity over 6.09 tonnes
Driver of scraper loader – capacity up to 24 cubic yards
Driver of Front End Loader – greater than 2.5 cm and up to 4.7 cm
Driver of road roller – up to 20 tonnes ballasted weight
Operator of Road Paving Machine
Driver of trucks – up to 20 tonnes
Backhoe Operator
Driver of pneumatic tyred tractor up to 110 kW
Concrete pump operator and concrete cutting or drilling machine operator

Fork lift driver – lifting capacity in excess of 2.3 tonnes

Conforms to Bechtel Agreement and as addressed with ETU.

Categories were included in Definitions section in previous agreement but not outlined in this clause

Adjusts previous formatting ommission

Add Group C

Non-cryogenic Insulator
Cladder
Chainperson (more than 6 months experience)
Storeperson
Serviceperson
Pipe Laying
Touch Up Painter
Driver of crawler tractor up to and including CAT D5 (power up to 67 kW)
Driver of Front End Loader – up to 2.5 cm
Fork lift driver – lifting capacity up to 2.3 tonnes
Trades Assistant to Electrical Tradesperson
Tack Welder
Driver of motor vehicle – makers capacity over 1.27 tonnes
Driver of excavator up to ¾ cubic yard capacity
Stress Reliever
Driller (civil)

Conforms to Bechtel Agreement and as addressed with ETU.

Categories were included in Definitions section in previous agreement but not outlined in this clause

Adjusts previous formatting ommission

Add Group D

Labourer
Trades Assistant to Mechanical Tradesperson
Formsetters Assistant
Chainperson (less than 6 months experience)

Conforms to Bechtel Agreement and as addressed with ETU.

Categories were included in Definitions section in previous agreement but not outlined in this clause

Adjusts previous formatting ommission

Add Group E

An entry level employee with less than three months experience
An employee at this level would be expected to move to Group D at the completion of the probationary period, subject to satisfactory performance review.

Conforms to Bechtel Agreement and as addressed with ETU.

Categories were included in Definitions section in previous agreement but not outlined in this clause

Adjusts previous formatting ommission

12.1 Weekly All Purpose Wage/Base Hourly Rate

Update Schedule of Rate a) Table

Conforms to Bechtel Agreement and as addressed with ETU.

Increase to rates of pay - 2.5%

12.2 Summary of Allowances

Add to clause a) 2)

All Purpose Allowance: An allowance that is added to the Base Hourly Rate and applies for the purposes of calculating overtime or paid leave (including Rostered Days Off, Public Holidays, Annual Leave, Personal Leave and Compassionate Leave).

Conforms to Bechtel Agreement and as addressed with ETU.

Provides clarification of payment of all purpose allowances

Clarification

Add new clause b)

a) All Purpose Allowances do not apply to calculation of Shift Penalties, Mobilisation / Demobilisation and R&R travel payment.

Conforms to Bechtel Agreement and as addressed with ETU.

Provides clarification of when payment of all purpose allowances not applicable

Clarification

Update c) schedule of All Purpose Allowances

Conforms to Bechtel Agreement and as addressed with ETU.

Increase to allowances

Add to c) definitions

* All licensed tradespeople are required to maintain tradesperson licences/certificates applicable to their trade. The employee is required to provide a copy of applicable licences/certificates to the Employer upon renewal.

** Welding allowances are not cumulative

Conforms to Bechtel Agreement and as addressed with ETU.

Employee required to maintain licences

Clarification

Update d) schedule of Flat Allowances

Increase Ferry Allowance from $25.00 to $35.00 per day

Include two new allowances

Increase First Aid allowance from $18.83 to $19.30 per day

Conforms to Bechtel Agreement and as addressed with ETU.

Inclusion of new allowances – Curtis Island “island living” allowance and Curtis Island LNG Project Productivity Payment

Increase to existing and additional of two new allowances

12.4 Overtime Rates

Add new clause g)

The Employer may withdraw overtime on a Project due to operational reasons. To effect this cancellation, the Employer shall post a signed notice on a designated notice board (or boards) no later than 1.30pm the day prior to the impacted overtime shift

Conforms to Bechtel Agreement and as addressed with ETU.

Clarification

13. Superannuation

Amend a)

Replace Aust Q and Spec Q with Energy Super

Conforms to Bechtel Agreement and as addressed with ETU.

Name change of superannuation fund to reflect current Fund name.

Formatting only

Increase rates b) & c)

b) Increase rate from $160.00 to $180.00 per week

c) Further increase to $185.00 per week from 1 May 2016

Conforms to Bechtel Agreement and as addressed with ETU.

12.5% Increase to superannuation dollar rate 2014 and 3% 2016

14.3 Weekend Overtime/Public Holiday

Add New Clause b)

Where clause 14.3 applies, clause 14.1 will not apply.

Conforms to Bechtel Agreement and as addressed with ETU.

Provides clarification where day workers weekends or public holidays

Clarification

15.1 Escalations

Amend Schedule b)

Conforms to Bechtel Agreement and as addressed with ETU.

Provides timing and percentage of increases

2 x 2.5% increases per annum

Delete

* Agreed escalations beyond expiry date of agreement. Not included in Appendix 4.

Applicable to previous agreement

Increases clarified as per schedule in 15.1 b)

16.4 Public Holidays

Amend Clause a)

Change May Day to Labour Day

Conforms to Bechtel Agreement and as addressed with ETU.

In line with gazetted State Public Holidays

Clarification

Add to Clause C

Public holidays that are gazetted in Queensland for a weekend and do not have a day declared in lieu, will only attract payment and penalties should an employee be normally rostered to work ordinary hours on the gazetted day of the holiday If a public holiday falls during an employee’s R&R, and the employee would be normally rostered to work hours on that day, then the employee will be paid their Base Hourly Rate for the ordinary hours they would normally have worked on that day.

Conforms to Bechtel Agreement and as addressed with ETU.

Allows employees to be paid for PH during R&R period.

Employee paid when on R&R for PH – more generous than previous entitlement

17. Equitable Treatment Process

Add new Clause

17.1 Objective of the Equitable Treatment Process

The Equitable Treatment Process is an interactive process to deal with concerns in respect of an employee’s performance, and/or behaviour. The supervisor is responsible to initiate any action under this process. All formal counselling shall be documented.

17.2 Steps in the Equitable Treatment Process

a) The employee concerned shall receive formal counselling from the supervisor.

b) If the concern continues, the employee shall be counselled by a more senior manager. The employee shall be formally warned, in writing, of the impact of continuing with the unsatisfactory performance and/or behaviour and this may include an indication that the employee’s job is at risk.

c) If the concern continues and the employee does not respond to a formal warning of possible dismissal, employment may be terminated.

d) At levels 17.2(a) to 17.2(c) inclusive of the above, the employee may choose to have their appointed union delegate under the terms of this Agreement in attendance.

e) In counselling set out in levels 17.2(a) to 17.2(c) inclusive, the employee shall be advised of:

    1) The performance and/or behaviour deemed to be unsatisfactory,
    2) The action to take to correct the problem,
    3) The consequence of the unsatisfactory performance and/or behaviour continuing.

    f) The above steps do not need to be progressed separately for each separate performance and/or behaviour concerned, but may be progressed based on distinct and/or cumulative performance and/or behaviour concerns.
    g) In circumstances involving serious misconduct, immediate termination of employment may occur without the above steps.
    h) Similarly, where more serious cases of unsatisfactory performance and/or behaviour warrant, the above steps may be condensed and the Employer may progress directly to formal counselling by a more senior manager and/or formal warning.
    i) The Parties acknowledge that nothing within this Clause 17.2 shall prevent and/or limit the Employer from having informal discussions about performance and/or conduct of an employee, with that employee.

Conforms to Bechtel Agreement and as addressed with ETU.

New Clause

18. 2 Steps in the Dispute Resolution Process

Amend Clause a) 5)

Change Fair Work Australia to Fair Work Commission

Conforms to legislative changes

Clarification

Add new Clauses b) and c)

    b) At levels 18.2(a)(1) and 18.2(a)(4) inclusive of the above, the employee may have their appointed union delegate who is entitled to represent the industrial interests of the employee under the terms of this Agreement in attendance.

c) At all levels of the disputes resolution process, an employee or employees covered by this Agreement involved in the dispute may nominate a representative of their choosing.

Conforms to Bechtel Agreement and as addressed with ETU.

Provides clarity on who employee can nominate as representative

Clarification

18.3 Dispute Resolution Process Training

Delete Clause

a) For the purpose of this clause an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.
b) An eligible employee representative will be entitled to up to five days' paid leave per year to undertake training that will assist them in their settlement of disputes role. The time of taking such leave will be agreed between them and the Employer so as to minimise any adverse effect on the employer's operations.

Conforms to Bechtel Agreement and as addressed with ETU.

Moved to new Clause 25. Delegates

Formatting only

19. Income Protection

Increase rates b)

Increase cost of policy from 1.4% to 1.6% 2014 and then from to 1.8% from 1 May 2015

Conforms to Bechtel Agreement and as addressed with ETU.

Increase to existing IP coverage

22. Employee Consultation

Delete Clause 22 in its entirety

a) This clause will apply where:

    (1) The Employer has made a definite decision to introduce a major change to production, program, organization, structure or technology in relation to its enterprise; and

    (2) the change is likely to have a significant effect on the employees.

b) The Employer will notify the employees of a decision of a kind referred to in 17(a).
c) As soon as practicable after the decision in 17(a) has been made, the Employer will discuss, and provide the affected employees with information about, the nature of the change and the effect the change is likely to have on employees.
d) For the purposes of 17(c), the affected employees may have an employee representative in attendance.
e) Nothing in 17(a) to (c) requires the Employer to disclose confidential or commercially sensitive information to the employees or their representatives.

The employer commits to consulting with the Union parties before mobilisation of employees to the Project(s) to discuss the employee hiring and induction process, workplace health and safety committees, right of entry protocols and general workplace consultation over the life of the Projects(s). Right of entry will be strictly in accordance with the Act. All consultations will be strictly in accordance with the National Code of Practice for the Construction Industry.

Replace Clause 22 in its entirety

    a) The Employer shall consult with the affected employees about major workplace changes that are likely to have a significant effect on the employees, or a change to their regular roster or ordinary hours of work.
    b) An employee may be represented for the process set out in this Clause 22, if they choose.
    c) Normal and customary incidences associated with the construction industry and construction projects are not considered major workplace changes. Such incidences include:

    1) the downsizing of labour resources due to program requirements; or
    2) the completion, or partial completion, of any construction work covered by this Agreement.

    d) If a term in this Agreement provides for a major change to production, program, organisation, structure or technology, the requirements set out in this Clause 22 shall not apply.
    e) For a change to the employees’ regular roster or ordinary hours of work, the Employer must:

    1) provide information to the employees about the change, subject to the Employer not being required to disclose confidential or commercially sensitive information; and
    2) invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

consider any views given by the employees about the impact of the change.

Conforms to Bechtel Agreement and as addressed with ETU.

Aligned with FWC standard

Standardisation only

23. Workplace Flexibility

Add new clause b)

All other requirements for an IFA are as per Regulation 2.08 and Schedule 2.2 of the Fair Work Regulations 2009, and must be complied with.

Conforms to Bechtel Agreement and as addressed with ETU.

Aligned with FWC standard

Standardisation only

24. Temporary Foreign Labour

Add new clause

    a) The Parties to the Agreement recognise that there may be a requirement to engage Temporary Foreign Labour to supplement the Australian workforce after extensive sourcing and recruitment efforts demonstrate that there still remains insufficient suitable Australian workers available to do the work.
    b) For the purpose of this clause “Temporary Foreign Labour” shall mean any person who requires a temporary visa to live and work within Australia whilst engaged in the classifications listed in this Agreement.
    c) Where the Employer is required to engage such labour, the Employer shall ensure:

    1) that all temporary foreign labour employed will continue to be employed in accordance with the work entitlements of their visas;
    2) the employee receives the same wages as per this Agreement;
    3) wages will be direct credited to the employee’s Australian bank account;
    4) recruitment is undertaken pursuant to the Project Recruitment Process, inclusive of;

    i. medical examinations (both for employment and immigration) at no cost to the employee;
    ii. detailed letter of offer;
    iii. pre-employment verification of qualification, English competency and competency testing to verify skill and capability is to Australian standard; and

    5) the employee incurs no upfront costs or costs on an ongoing basis as a result of recruitment.

Conforms to Bechtel Agreement and as addressed with ETU.

Provides parameters for engagement of foreign labour and pay and conditions

Clarifies pay and conditions

25. Delegates

Add new clause

25.1 Appointed Union Delegates
a) The Employer will recognise duly elected employee representative(s) (delegates) of the Unions named in subclause 3(c), as advised in writing by the relevant Union, that verifies the Union is satisfied that a proper election has been conducted by employees of the Employer whom the Union can represent, and that the delegate is a person who can represent the industrial interest of employees of the Employer.
b) The delegate will only be recognised for the purpose of representing employees of the Employer within that Union’s coverage.
c) The Employer will, where requested, provide delegates with reasonable access to facilities including phone, facsimile, computer / printer, photocopier.
25.2 Delegates Training
a) The Parties to this Agreement recognise the value of enabling recognised delegates to attend formal courses that promote the practice of sound industrial relations and which will assist the delegate to resolve issues in accordance with the Disputes Resolution Process set out in Clause 18 of this Agreement.
b) Application to the Employer to release the employee must be in writing and be provided with no less than 14 days’ notice of the proposed training.
c) The granting of leave pursuant to this clause will be subject to the Employer being able to make adequate staffing arrangements during the period of leave.
d) Employees on leave approved in accordance with this clause, will be paid without loss of earnings (excluding shift penalties) for rostered time hours.
e) All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause will be the responsibility of the employee.

Conforms to Bechtel Agreement and as addressed with ETU.

Provides clarity regarding union delegates and moves delegates training previously 18.3

Clarification and formatting

Appendix 2

ExampleNon-Local Roster

Update Example Non-Local Roster

Conforms to Bechtel Agreement and as addressed with ETU.

Formatting

Appendix 4 – Rates and Allowances

Increase rates a) Weekly All Purpose Wage

Conforms to Bechtel Agreement and as addressed with ETU.

Increase set for term of Agreement

Increase to AP Rates of Pay

Increase allowances b) Weekly All Purpose Allowances

Conforms to Bechtel Agreement and as addressed with ETU.

Increase set for term of Agreement

Increase to AP Allowances

Increase allowances c) Weekly Flat Allowances

Conforms to Bechtel Agreement and as addressed with ETU.

Increase set for term of Agreement

Increase to Flat Allowances

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