Tesa Group Pty Ltd

[2014] FWCA 9284

[2014] FWCA 9284

FAIR WORK COMMISSION

DECISION

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

Tesa Group Pty Ltd
(AG2014/10703)

TESA GROUP - ENTERPRISE AGREEMENT 2012

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 DECEMBER 2014

Application for variation of the TESA Group - Enterprise Agreement 2012.

A. This Agreement is varied as follows:

1. Delete subclause 11.2 and insert:

11.2 Wages

The rates below are the minimum weekly/hourly rates which will be paid to all permanent employees. Casual employees will be paid the minimum hourly rate plus a 25% casual loading.

From the date of approval by Fair Work Australia Hourly Rates. UNDERGROUND MINE	From the date of approval by Fair Work Australia Hourly Rates. OPEN CUT MINE
Mineworker Level 1	$27.94	$20.77
Mineworker Level 2	$29.94	$22.05
Mineworker Level 3	$31.37	$23.10
Mineworker Level 4	$34.59	$25.46

11.2 a) Pay increases

On the first full pay period on or after 1^st December 2014, employees shall receive a pay increase calculated on the basis of 1% of the rate prescribed in the table above in accordance with their classification.

On the first full pay period on or after 1^st December 2015, employees shall receive a pay increase calculated on the basis of 3% of the rate prescribed in the table above in accordance with their classification.

11.2 b) The rates above are inclusive of all award allowances except where otherwise indicated in the Agreement.

A $2.00 per hour “Tool Allowance for a Tradesperson” will be paid (for all hours worked) in addition to the above wage rates.

11.2 c) Wages in this agreement shall not be permitted to fall below the minimum wages in the Black Coal Mining Modern Award as varied from time to time.

11.2 d) TESA shall also conduct a review of the wage increases every June and December of each year with the view of enhancing the prescribed increases, based on market trading conditions. TESA shall consult with employees each time a review occurs.

11.2.1 The Company may at its discretion pay higher rates and allowances where this is negotiated with the Client. These will be advised to the employee in writing at the time of engagement at each site.

11.2.2 Except by agreement all wages are to be paid by electronic funds transfer on a weekly basis. Employees may nominate the account(s) into which funds and deductions are to be transferred. The Company will make every effort to address any concerns that employees may have if the payment of their wages is delayed.

11.2.3 Upon termination of employment wages due to an employee are to be paid on the day of such termination or forwarded by electronic funds transfer or posted to the employee's last known address within seventy two (72) hours.

11.2.4 When an employee is moved by the Employer from his/her existing Classification Level to the next level, or to an alternate work / client site the employer will notify the employee of this change in writing with a new “Summary of Entitlement”.

2. Delete existing subclause 11.8 a) and insert:

a) Re Induction

Employees that are required to complete re-inductions (site specific) for the purpose of continuation of engagement at that client site will be paid a payment of $210 per occasion, when this occurs outside of rostered hours. Re-induction payment does not apply to employees that choose to cease engagement at one client site and commence elsewhere. Applicable inductions in this case will not be paid for attendance.

3. Delete subclause 11.9 and insert:

11.9 Safety Talk Payments

A standard payment of $9.45 will be paid to each employee for attendance at mandatory safety talks. Safety talks are contained to a limit of 15 minutes in duration.

B. Pursuant to the terms of the varied agreement, this order shall operate from 18 December 2014 and shall remain in force until the Agreement is replaced or terminated.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE898537  PR559366>