Tyrone Electrical Services Pty Ltd

[2014] FWC 8235

[2014] FWC 8235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tyrone Electrical Services Pty Ltd
(AG2014/9891)

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 NOVEMBER 2014

Application for variation of the Tyrone Electrical Services Pty Ltd Single Enterprise Agreement 2012.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Tyrone Electrical Services Pty Ltd (“the Employer”) for the approval of a variation to the Tyrone Electrical Services Pty Ltd Single Enterprise Agreement 2012 (“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:

1. At clause 10, Breach of Agreement add a new sub clause (b) in the following terms:

(b) Employees agree that any serious misconduct such as damage to property, dishonesty, maling ering, drunkenness or assault on a fellow employee or employer shall also be grounds for summary dismissal. Whereby wages shall be paid up until the time of dismissal only and no leave loading shall be payable on accrued annual leave.”

2. At clause 11.3, Casuals, add a new paragraph (a) in the following terms:

(a) A casual employee is one engaged and paid as such. A casual employee shall be paid per hour 1/38 of the gross weekly ordinary all purpose rate of pay prescribed for the classification in which the employee is ordinarily employed for the work performed, plus a loading as per the award deemed cover all allowances.
(b) renumber paragraph (a) as paragraph (b)

3. At clause 14, Consultative Mechanism, add a new first dot point to sub clause 14.4 in the following terms:

● Meetings shall be held as and when appropriate with a minimum of one per year.

4. At clause 17, Protective Clothing add a new sentence in the following terms:

Employees shall be provided with the following protective clothing, two (2) sets per year if required, under the conditions outlined below herein

5. At clause 18, Tools add a new phrase to the last dot point in the following terms:

Maximum payable - $750, or as agreed

6. At clause 21, add a new dot point to sub clause (a) in the following terms:

● Fares as per 33.4 up to 50kms

7. At clause 22, Allowances add a new dot point to 22.1 in the following terms:

● Fares as per 33.4 up to 50kms

8. Add a new table at paragraph (c) of sub clause 22.3 in the following terms:

Leading HAND LEVEL 1 (5-10 TRADE EMPLOYEES*	$1.00
Leading Hand Level 2 (11-14 employees)	$2.00
Leading Hand Level 3 (15-39 employees)+	$3.00
Leading Hand Level 4 (40+ employees)	$4.00

Trade Employees does Not Include Apprentices, Mechanical Operators or Trainees

9. At clause 23, Payment of Wages and Allowances add a new sub clause 23.3, Weekly Pay Slips in the following terms:

Weekly pay slips shall be hand delivered, sent by regular post or emailed on the day they are processed, which shall be on or prior to the nominated company pay day and, they shall contain the following information;
● Name of employee
● The date of the payment
● Period to which pay relates
● Ordinary hourly rate
● Overtime rates
● Number of hours or days worked during th period distinguishing between ordinary time and overtime
● Any additional allowances that are included in the net amount fo teh payment
● All deductions from the employee’s gross pay
● Gross payment and amount actually paid
● Annual leave accumulated.

10. At clause 27, RDO System add a new third dot point to sub clause 27.1 in the following terms:

● Apart from 1 accrued Rostered day Off (RDO), all RDOs accumulated from the previous year must either be taken as time off or paid out by 30 June each year.

11. At clause 33, Travelling & Transport add a new table to paragraph (c) in the following terms:

Travel Allowance
Distance from Company Premises
0-50Km	$25/day	$26/day	$27/day	$28/day	$29/day

12. At clause 33, Inclement Weather add new paragraphs (b) and (c) to sub clause 34.2 in the following terms:

(a) Where it is confirmed by the company and employees that the temperature is 35 degrees celsius or a greater, employees shall no longer be required to work in exposed (non shaded) areas. Furthermore, where it is confirmed by the company and employees that the temperature is 38 degrees, employees shall not be required to remain on the work site for the final hour of the ordinary working day on commercial building sites within a 30km radius of the Townsville CBD.

(b) Employees may be relocated from their ordinary work site to an alternative work site (that may either provide air conditioning or, not be exposed to such extreme heat.”

13. At clause 36, Personal Leave add a new paragraph (f), Proof of Sickness to sub clause 36.1 in the following terms:

Proof of sickness is required for all sick days off and a certificate from a duly qualified medical practitioner stating that the employee was unable to attend for duty on account of personal illness or an injury by accident is required.

14. At Clause 40, Termination of Employment add a new sub clause 40.4, Summary Dismissal in the following terms:

Nothing in this agreement shall affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty, misconduct or refusing duty and in such cases the wages shall be paid up to the time of dismissal only.

15. At Clause 40, Termination of Employment add a new sub clause 40.5, Stand Downs in the following terms:

Nothing in this agreement shall affect the right of the employer to deduct payment for any day an employee cannot be usefully employed because of any strike, stoppage of work or by any cause for which the employer cannot reasonably be held responsible

16. At clause 44, Enterprise Specific Matters add a new paragraph (a) to sub clause 44.2, Battery Drills provided by Employees in the following terms:

All employees agree to provide their own battery drill at work and to use it wherever necessary to improve efficiency and productivity. Minimum battery voltage shall be a minimum of 18 volts.

17. At clause 44, Enterprise Specific Matters sub clause 44.2 renumber paragraph (a) as paragraph (b)

18.At Appendix B, Definitions for Appendix B add a Relevant Experience Definition to Level 5 in the following terms:

This person would have the necessary experience to carry out any type of electrical installation in Australia, some Commercial and Domestic work. This person would have all the installation knowledge to be able to perform all the tasks associated with the above mentioned type of work. This would also inc clued a person only experienced in small commercial and domestic installations and is a tradesperson recently qualified. The company and employee would be actively working in this space.

Signed for and on behalf of Signed for and on behalf of the employees:

Tyrone Electrical Services Pty Ltd

_____________________ __________________________________

[Name] [Name of Employee]

[Position] [Position]

[Address] [Address]

[Date] [Date]

[4] The variation was approved by a majority of employees, in accordance with s.209, on 10 August 2014. The application was not lodged until 14 November 2014. The explanation provided by the employer is that they thought it had already been lodged by the National Electrical and Communications Association. In the circumstances I grant an extension of the period for lodgement pursuant to s.210(3)(b).

[5] The variation is approved and will come into operation on 19 November 2014.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE895469  PR557934 >