Transfield Services (Australia) Pty Ltd

[2015] FWCA 1760

[2015] FWCA 1760

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2015/2006)

TRANSFIELD SERVICES (MILLMERRAN POWER STATION-QLD) GREENFIELDS ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 MARCH 2015

Application for variation of the Transfield Services (Millmerran Power Station-QLD) Greenfields Enterprise Agreement 2014 - 2017.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Transfield Services (Australia) Pty Ltd for the approval of a variation to the Transfield Services (Millmerran Power Station-QLD) Greenfields Enterprise Agreement 2014 - 2017 (“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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has provided a declaration in support of the application.

[3] The Agreement is varied as follows:

By deleting clause 20.5 and replacing it as below:

20.5 Provided in any week where employees working an average 42 hour week via a compressed roster (i.e. compressing 5 x 8.4hr working days into 4 x 10.5 hr working days) and are rostered to work their average 42 hours and a public holiday falls and the public holiday coincides with their non-working day of the week Monday to Friday, then the applicable employee/s in order that they are not disadvantaged will be entitled under the aforementioned circumstances to an extra 8.4 hours pay at their ordinary classified hourly rate.(Note: the aforementioned as contained herein within 20.5 has no application to any employee when working a 24/7 continuous shift work roster and when his/her non rostered working day/s coincides with a Public Holiday/s). Explanation: It is normal that for any week where a public holiday falls that although the hours paid do not change for a full time employee, the eligible hours worked do by the mere fact of a public holiday falling. i.e. in a 42 hour arrangement the working week becomes 33.6 hours plus 8.4 hours public holiday payment = 42 hours paid. The terms of the first sentence herein recognises that compressed roster employees (excluding employees working a 24/7 continuous shift work roster) are not disadvantaged by this application.

[4] The variation is approved and will come into operation on 13 March 2015.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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