Transfield Services Pty Ltd

Case

[2013] FWCA 7640

2 OCTOBER 2013

No judgment structure available for this case.

[2013] FWCA 7640

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Transfield Services Pty Ltd
(AG2013/2459)

TRANSFIELD SERVICES LIMITED (MAINTENANCE WORK - SURFACE MINING SITES & ASSOCIATED FACILITIES-QLD) ENTERPRISE AGREEMENT 2011- 2014

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 2 OCTOBER 2013

Application for variation of the Transfield Services Limited (Maintenance Work - Surface Mining Sites & Associated Facilities-QLD) Enterprise Agreement 2011 - 2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Transfield Services Pty Ltd for the approval of a variation to the Transfield Services Limited (Maintenance Work - Surface Mining Sites & Associated Facilities-QLD) Enterprise Agreement 2011 - 2014 (“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.

[3] The Agreement is varied as follows:

    (a) By deleting sub clause 15.1.6 and replacing it with the following:

    “Where a compressed roster is in place allowing the average 35 hours to be worked over a lesser weekly period of 5 days Monday to Friday, then the compressed roster hours above 7 hours each day will be paid at ordinary time and not at overtime rates: Example: in place of 5 days x 7 hours = 35 hours, employees work 4 x 8.75 hour days = 35 hours, then any hours (in this example) worked above 8.75 hrs each day will be paid at the applicable overtime rates.”

    (b) In clauses A1.4; A1.4a; A1.5.1; A1.5.2; A1.5.3; and A1.5.4, by amending the date of the final escalations from “1/1/2014” to “1/7/2014”.

[4] The variation is approved and will come into operation on 2 October 2013.

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

SENIOR DEPUTY PRESIDENT

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