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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves T & C Services Pty Limited and the Transport, Storage and Logistics Union of Australia. The union sought a variation of the Thomas & Coffey Limited (Wollongong) Air Conditioning Services Enterprise Agreement (2014) to provide for a new classification and remuneration for a position titled 'Assistant Engineer'. The union argued that the new role required additional skills and responsibilities that were not adequately reflected in the existing classification structure.

The legal issues before the Commission included whether the 'Assistant Engineer' position warranted a new classification under the enterprise agreement and, if so, what the appropriate remuneration for this position should be. The Commission needed to consider the nature of the role, the skills and experience required, and the duties and responsibilities involved, in comparison to existing classifications within the enterprise agreement. The Commission also had to determine whether the union had sufficiently demonstrated that the new position warranted a new classification and appropriate remuneration.

The Fair Work Commission found that the 'Assistant Engineer' position did indeed warrant a new classification. The Commission noted that the role required a higher level of technical skill and responsibility than the existing classifications, and that the union had provided sufficient evidence to support this claim. The Commission determined that the appropriate classification for the 'Assistant Engineer' position should be 'Engineer Level 2' and set the remuneration accordingly. The Commission also ordered that the new classification and remuneration would apply from the date of the application.

The Fair Work Commission ordered that the Thomas & Coffey Limited (Wollongong) Air Conditioning Services Enterprise Agreement (2014) be varied to include a new classification of 'Engineer Level 2' for the position of 'Assistant Engineer'. The new classification and remuneration came into effect from the date of the application. The decision provides guidance for employers and unions on the process for seeking and obtaining variations to enterprise agreements.

T & C Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established