Shire of Kent
[2013] FWCA 82
•29 JANUARY 2013
[2013] FWCA 82 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Shire of Kent
(AG2012/13815)
SHIRE OF KENT ENTERPRISE AGREEMENT 2010
Local government administration | |
COMMISSIONER CLOGHAN | PERTH, 29 JANUARY 2013 |
Variation of enterprise agreement.
[1] On 29 November 2012, the Shire of Kent (“the Employer”) made application to Fair Work Australia, now the Fair Work Commission (“the Commission”), to approve a variation to the Shire of Kent Enterprise Agreement 2010 (“the 2010 Agreement”).
[2] The application is made pursuant to s.210 of the Fair Work Act 2009 (“the FW Act”).
[3] The 2010 Agreement commenced on 13 August 2010 and the parties are the Employer and all employees of the Employer excluding those on “maximum term contracts”.
[4] In support of the application, the Employer has provided:
● Form F23-Application for Approval of Variation of Enterprise Agreement;
● Form F23A-Employer’s Declaration in Support of Approval of Variation of Enterprise Agreement;
● Form F23B-Declaration of Employee Organisation in Support of Application for Approval of Variation of Enterprise Agreement - Terence Zuppicich;
● Form F23B-Declaration of Employee Organisation in Support of Application for Approval of Variation of Enterprise Agreement - Marc Anderson;
● Works Department Meeting Minutes - Acceptance of new Enterprise Agreement.
[5] The application was the subject of communication with the Employer to ensure certainty of what is now Schedule B - Wage Rates. In addition, a conference with Mr Demis Hartley occurred on 24 January 2013.
[6] Pursuant to s.211 of the FW Act, the Agreement is varied as follows.
● Delete “2010” and insert in lieu “2012” in Clause 1 - Title.
● Delete the current provision in subclause 9.4 and insert in lieu:
“9.4 All wage movements for the life of this variation agreement have been negotiated between the Local Government and its employees at the commencement of the agreement with the resultant wage movements to be a 5% increase as from 1 July 2012 and a further 4% at 1 July 2013 and 1 July 2014.
The wages rates applicable for the commencement of this variation agreement and at each anniversary date are attached as Schedule B to this agreement.”
● Insert new Schedule B after Schedule A as follows:
SCHEDULE B – WAGE RATES
The rates of pay applicable as at the various anniversary dates of this agreement are as follows:
Position | Rate as at 30 June 2012 (Previous Rates) | Rate as at 1 July 2012 | Rate as at 1 July 2013 | Rate as at 1 July 2014 |
LEADING HAND | $26.22 | $27.27 | $28.36 | |
TRUCK DRIVER L 1 | $23.84 | $25.03 | $26.03 | $27.07 |
TRUCK DRIVER L 2 | $22.70 | $23.84 | $24.79 | $25.78 |
TRUCK DRIVER L 3 | $23.29 | $24.23 | $25.20 | |
GRADER DRIVER | $22.70 | $23.84 | $24.79 | $25.78 |
GARDNER | $22.70 | $23.84 | $24.79 | $25.78 |
DEPOT ATTENDANT | $22.70 | $23.84 | $24.79 | $25.78 |
LOADER OPERATOR | $23.29 | $24.23 | $25.20 |
[7] The variations were made by employees on 16 November 2012 and, pursuant to s.216 of the FW Act, are operative from 29 January 2013.
[8] A consolidated version of the varied enterprise agreement is attached to this Decision.
COMMISSIONER
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