T & C Services Pty Limited

[2015] FWCA 2090

[2015] FWCA 2090

FAIR WORK COMMISSION

DECISION

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

T & C Services Pty Limited
(AG2015/58)

THOMAS & COFFEY LIMITED (WOLLONGONG) AIR CONDITIONING SERVICES ENTERPRISE AGREEMENT (2014)

Electrical contracting industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 26 MARCH 2015

Application for variation of the Thomas & Coffey Limited (Wollongong) Air Conditioning Services Enterprise Agreement (2014).

A. An application has been made for approval of a variation of the Thomas & Coffey (Wollongong) Air Conditioning Services Enterprise Agreement (2014). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by T & C Services Pty Limited.

B. The agreement shall be varied as follows:

1. By deleting the Title of the Agreement from clause 1 and inserting T & C Services Pty Ltd Trading as Thomas & Coffey (Wollongong) Air Conditioning Services Enterprise Agreement 2014.

2. By deleting clause 2 (c) and inserting the following:

“Company” means T & C services Pty Ltd (Wollongong Division).

3. By deleting from clause 7 third last paragraph “HRM-02-08”.

4. By inserting a new paragraph in clause 8.6 after the sixth paragraph the following:

Any employee who is made redundant by the Company will be paid an additional 1.5% loading on each Week of severance pay paid in accordance with this clause. This provision will remain for the life of the agreement.

5. By deleting the second paragraph of clause 10.2 and inserting the following:

The Company’s contribution will be 9.50% of Ordinary Time Earnings (OTE), or such greater percentage as provided by legislation from time to time. OTE does not include workers compensation payments made to an employee who is not required to attend work due to incapacity.

6. By deleting clause 10.3(b)(ii).

7. By deleting from clause 23 in the first paragraph “HSS-02-12”.

8. By deleting from clause 24 in the first paragraph “HRM-02-14”.

9. By deleting from clause 27 in the second paragraph “HRM-02-08”.

10. By deleting the table from Appendix A - Classifications & Pay Rates and inserting the following:

Grade	Current	30th January 2015
$	$
1%
Trades Assistant
Permanent	$29.36	$29.65
Casual	$36.69	$37.06
Technician
Unlicensed	$34.32	$34.66
Grade 1	$35.00	$35.35
Grade 2	$36.47	$36.83
Grade 3	$37.95	$38.33
Casual	$42.68	$43.11
Leading Hand Allowance
Per Hour	$1.16	$1.17
Working Supervisor
Permanent	$40.82	$41.23
Allowances
Travel Allowance (per kilometre)	$0.93	$0.94
Meal Allowance (per meal)	$11.65	$11.77
Living Away (day)	$64.05	$64.69
Weekend Call Out	$124.23	$125.47

C. The variation to the Agreement is approved and will operate from the date of this decision.

D. A consolidated version of the Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

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