Transfield Services (Australia) Pty Ltd T/A Allwater JV
[2013] FWCA 9802
•12 DECEMBER 2013
[2013] FWCA 9802 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty
Transfield Services (Australia) Pty Ltd T/A Allwater JV
(AG2013/10080)
ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2012 - NETWORKS AGREEMENT
Water, sewerage and drainage services | |
COMMISSIONER STEEL | ADELAIDE, 12 DECEMBER 2013 |
Application for variation of the Allwater JV Employees Enterprise Agreement 2012 - Networks Agreement.
[1] An application has been made to vary the Allwater JV Employees Enterprise Agreement 2012 - Networks Agreement (the Agreement) to remove an ambiguity or uncertainty. The agreement is a single enterprise agreement and the application was made by Transfield Services (Australia) Pty Ltd T/A Allwater JV pursuant to s.217 of the Fair Work Act 2009 (the Act).
[2] United Voice being the relevant employee organisation covered by the Agreement has supported the application by way of written submission to the Commission.
[3] The application came about as a result of an unintentional error contained within Appendix C of the Agreement giving rise to incorrectly calculated pay rates and allowances.
[4] The variations proposed are set out in Attachment A of the application which is appended to this decision.
[5] I am satisfied that each of the requirements of s.217 of the Act have been met. Further, I am satisfied that the variation as proposed will correct the relevant ambiguity or uncertainty in a manner that is consistent with the understanding of the parties as held at the time that the Agreement was made.
[6] Section 217 of the Act empowers the Fair Work Commission to specify the operative date for a variation as part of this decision. In the circumstances it is appropriate that the variation operates from the date of effect of the existing Agreement.
[7] Accordingly, the Agreement is hereby varied in accordance with Attachment A and the variation will operate on and from 12 September 2013. The consolidated version of the agreement, as varied, is attached to this decision.
COMMISSIONER
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ATTACHMENT A
APPENDIX C - Wage Rates
Nov-12 | Sep-13 | Sep-14 | ||||
Weekly | Hourly | Weekly | Hourly | Weekly | Hourly | |
OPS41 | $1,250.54 | $32.91 | $1,300.56 | $34.23 | $1,339.58 | $35.25 |
OPS33 | $1,170.54 | $30.80 | $1,217.36 | $32.04 | $1,253.88 | $33.00 |
OPS31 | $1,100.43 | $28.95 | $1,144.45 | $30.11 | $1,178.79 | $31.02 |
CM7 | $1,000.04 | $26.32 | $1,040.04 | $27.37 | $1,071.25 | $28.20 |
CM6 | $964.50 | $25.39 | $1,003.08 | $26.40 | $1,033.17 | $27.19 |
CM5 | $929.90 | $24.47 | $967.09 | $25.45 | $996.10 | $26.21 |
CM4.2 | $903.25 | $23.78 | $939.38 | $24.73 | $967.56 | $25.47 |
CM4.1 | $891.52 | $23.47 | $927.18 | $24.41 | $955.00 | $25.14 |
Allowances
Allowance (/wk) | 5 December 2012 | September 2013 | September 2014 |
Meal Allowance | $11.93 | $12.41 | $12.78 |
First Aid | $15.35 | $15.96 | $16.44 |
Team Leader | $31.22 | $32.47 | $33.44 |
Towing (GTM<3000kg) daily | $2.95 | $3.07 | $3.16 |
Towing (GTM>=3000kg) daily | $5.91 | $6.14 | $6.33 |
Water Training | $33.58 | $34.92 | $35.97 |
Versatility | $25.13 | $26.13 | $26.91 |
General On-Call
Payment for general on call is as follows:
Effective from 1st full pay period commencing on or after 5th December 2012
Type of General on-call allowance | Amount per week | Amount per day (Mon - Fri) | Amount per day (Sat, Sun, Public Holiday) |
Less frequent than 1 in 3 with a vehicle provided | $203.81 | $22.71 | $45.13 |
Less frequent than 1 in 3 without a vehicle provided | $229.76 | $25.60 | $50.87 |
1 in 3 with a vehicle provided | $273.04 | $30.41 | $60.49 |
1 in 3 without a vehicle provided | $298.98 | $33.31 | $66.22 |
Effective from 1st full pay period commencing on or after 1 September 2013
Type of General on-call allowance | Amount per week | Amount per day (Mon - Fri) | Amount per day (Sat, Sun, Public Holiday) |
Less frequent than 1 in 3 with a vehicle provided | $211.96 | $23.62 | $46.93 |
Less frequent than 1 in 3 without a vehicle provided | $238.95 | $26.63 | $52.90 |
1 in 3 with a vehicle provided | $283.96 | $31.63 | $62.91 |
1 in 3 without a vehicle provided | $310.94 | $34.64 | $68.87 |
Effective from 1st full pay period commencing on or after 1 September 2014
Type of General on-call allowance | Amount per week | Amount per day (Mon - Fri) | Amount per day (Sat, Sun, Public Holiday) |
Less frequent than 1 in 3 with a vehicle provided | $218.32 | $24.33 | $48.34 |
Less frequent than 1 in 3 without a vehicle provided | $246.12 | $27.43 | $54.49 |
1 in 3 with a vehicle provided | $292.48 | $32.57 | $64.79 |
1 in 3 without a vehicle provided | $320.27 | $35.68 | $70.93 |
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