UGL Operations and Maintenance Pty Ltd
[2015] FWCA 2687
•20 APRIL 2015
| [2015] FWCA 2687 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
UGL Operations and Maintenance Pty Ltd
(AG2015/762)
UGL OPERATIONS & MAINTENANCE PTY LTD (CALTEX LYTTON REFINERY - QLD) UNION AGREEMENT 2013 - 2015
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 20 APRIL 2015 |
Application for variation of the UGL Operations & Maintenance Pty Ltd (Caltex Lytton Refinery - QLD) Union Agreement 2013 - 2015.
[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by UGL Operations and Maintenance Pty Ltd for the approval of a variation to the UGL Operations & Maintenance Pty Ltd (Caltex Lytton Refinery - QLD) Union Agreement 2013-2015 (“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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has filed a statutory declaration in support of the variation.
[3] The Agreement is varied as follows:
(a) In clause 5, by amending the first paragraph to read:
The Agreement commences operation on the seventh day after approval by the Fair Work Commission, and will nominally expire on the 31st December 2015.
(b) By replacing clause 14 as follows:
HOURS OF WORK
14.1 Ordinary Hours
14.1.1 The ordinary hours of work shall be an average of 35 per week to be worked on one of the following basis:
a) 35 hours within a work cycle not exceeding 7 consecutive days; or
b) 70 hours within a work cycle not exceeding 14 consecutive days; or
c) Those prescribed under clause 14.2; or
d) Those arranged on an individual basis.
14.1.2 The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.
14.1.3 The ordinary hours of work prescribed herein shall be worked continuously, (except for meal breaks), at the discretion of the Company, between 6.00 am and 6.00 pm. Provided that the actual ordinary hours of work shall be determined by agreement between the Company and the majority of Employees in the work section or sections concerned.
14.2 Productivity Roster
14.2.1 The ordinary hours of work, Monday to Friday, will:
a) Commence at 7.30am and finish at 5.00pm; and
b) include a meal break, incorporating a 20 minute paid rest period and 30 minute unpaid meal break, from 11.40am to 12:30p.m; and
c) employee’s engaged on this system will be receive an allowance equivalent to 30 minutes paid at time and a half the base rate of pay
14.2.2 The ordinary hours of work, Saturday and Sunday, will:
a) commence at 7.30am and finish at 5.00pm; and
b) include a meal break, incorporating a 20 minute paid rest period, 20 minute paid crib break and an additional 10 minute paid break, from 11.40am to 12:30p.m.
Starting and Finishing Location
Employees shall start and finish paid time at full amenities located at any worksite within the Refinery or associated facilities (including a shutdown/turnaround site) provided the Employees are notified by the Company prior to the first day they are required to work there. Employees shall be suitably attired and ready for work at the start of paid time.
14.3 The introduction of a 35 hour week was introduced in accordance with the provisions of the AIRC Full Bench: Standard Hours (Oil Companies) Award 1974 (print AW796032) and the standards set in that decision will apply under this Agreement where any inconsistency exists.
14.4 Rostered Days Off (RDO's)
Subject to the following, Employees will be entitled to an RDO every fortnight. The date of taking RDO’s will be posted in advance following discussion and agreement by the site Consultative Committee.
14.4.1 Time towards RDO’s is accrued on all worked days, Public Holidays, Personal Leave and Annual Leave. Days taken as Leave Without Pay (LWOP) do not accrue time towards RDO’s. 11
14.4.2 Employees will work a 7.8 hour ordinary working day and bank .8 of an hour (48 minutes) each paid day towards having a paid RDO. This arrangement will give Employees working the 9-day cycle 35 hours ordinary pay for each week of the cycle.
14.4.3 The RDO will be observed by all Employees on the site but will be accrued during plant shutdowns, emergency situations or unscheduled maintenance. Where an RDO is accrued for reasons outlined herein the day/s shall be:
a) worked as ordinary time and banked to take at a later date or
b) paid at the appropriate overtime rate.
14.3.4 Any banked RDO’s must be taken within 3 months.
(c) By replacing the rates of pay table in Appendix A, part A as follows:
Mechanical Maintenance Employees
Mechanical Maintenance Employees Classification | From Commencement 4.5% | From 01/06/2014 4% | From 01/06/15 2% |
Band A | $32.1495 | $33.4355 | $34.1042 |
Band B | $32.7630 | $34.0735 | $34.7550 |
Band C | $36.2742 | $37.7252 | $38.4797 |
Band D | $37.5258 | $39.0268 | $39.8073 |
C10 | $38.1427 | $39.6684 | $40.4618 |
C8* | $39.8570 | $41.4513 | $42.2803 |
C7 | $40.2745 | $41.8855 | $42.7232 |
C6 | $42.4884 | $44.1879 | $45.0717 |
[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.
[5] The variation is approved and will come into operation on 20 April 2015.
[6] A consolidated copy of the Agreement is attached to this decision.
SENIOR DEPUTY PRESIDENT
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