Siganto & Stacey Pty Ltd
[2013] FWCA 6303
•30 AUGUST 2013
[2013] FWCA 6303 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Siganto & Stacey Pty Ltd
(AG2013/7987)
SIGANTO & STACEY PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION, SITE SHEETMETAL & RELATED TASKS, ENTERPRISE AGREEMENT 2012
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 30 AUGUST 2013 |
Application for variation of the Siganto & Stacey Pty Ltd and the Australian Manufacturing Workers Union, Site Sheetmetal & Related Tasks, Enterprise Agreement 2012.
[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Siganto & Stacey Pty Ltd for the approval of a variation to the Siganto & Stacey Pty Ltd and the Australian Manufacturing Workers Union, Site Sheetmetal & Related Tasks, Enterprise Agreement 2012 (“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. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has provided a declaration in support of the variation.
[3] The Agreement is varied as follows:
(a) In Clause 3 “Arrangement”, the contents list is varied by adding a new sub clause (c) under Clause 31 - Classification and Wages:
(c) Commissioning Field Staff
(b) In Clause 31 “Classification and Wages”, by adding a new subclause 31(d)(c):
(c) Commissioning Field Staff
The parties agree to implement a skills based Classification Structure for employees engaged in lagging. That structure will be:
Classification | Description |
TRAINEE | U/21 Trainee with no industry experience. |
Commissioning Technician ECW 1[b] (after 6 months in industry) ECW 1[c] (after 12 months in industry) | 21 or older with no industry experience. |
Commissioning Technician | A trade qualified employee who can carry out one of the following with limited supervision: (a) Air Balancing |
Commissioning Technician | A trade qualified employee who can carry out all of the below with limited supervision and must be accredited on two of: (a) Air Balancing |
Commissioning Technician | A trade qualified employee who can carry out all of the below with limited supervision, must be accredited on all the below and operating in a “mentor” capacity: (a) Air Balancing |
Senior Commissioning Technician | A trade qualified employee who can carry out all of the above work classes and a demonstrated knowledge of Tri generation commissioning with minimum supervision and must be accredited on all of: (a) Air Balancing |
In determining the appropriate classification/reclassification of a position or job to be filled by an employee, Siganto & Stacey will give full regard to:
(i) whether the employee has proven competencies for the classification sought within an approved skills package.
(ii) whether the employee is or likely to utilise 50% or more of the competencies above during his/hers employment with Siganto & Stacey over a reasonable period of time and whether the employee possesses the skills required for the employees base level of pay.
(iii) experience and/or qualifications of the employee in relevant indicative tasks nominated in the classification category.
If a dispute arises as to the proper classification or job to be filled by an employee the matter will be determined in accordance with the Dispute Settlement Procedure of this agreement provided that the parties may seek to have the process reviewed by an accredited Registered Training Organisation. This process may include a formal competency assessment by an accredited Registered Training Organisation and matching of that assessment against the competency requirements of the position and the work required by Siganto & Stacey to be performed by the employee.
(c) In schedule 2, with the addition of a new classification pay rate to the table of wages:
ECW6 | 120% | 37.84 | 38.59 | 39.36 | 40.55 | 41.76 | 43.22 | 44.74 | 46.31 | 47.93 | 48.64 |
[4] The variation is approved and will come into operation on 30 August 2013.
[5] A consolidated copy of the Agreement is attached to this decision.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, AE898936 PR540946>
0
0
0