UGL Operations & Maintenance Pty Ltd

[2016] FWCA 941

[2016] FWCA 941

FAIR WORK COMMISSION

DECISION

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

UGL Operations & Maintenance Pty Ltd
(AG2015/7871)

UGL OPERATIONS & MAINTENANCE PTY LTD BHP BILLITON - OLYMPIC DAM OPERATIONS SERVICES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 FEBRUARY 2016

Application for variation of the UGL Operations & Maintenance Pty Ltd BHP Billiton - Olympic Dam Operations Services Enterprise Agreement 2014.

[1] An application has been made to vary an enterprise agreement known as the UGL Operations & Maintenance Pty Ltd BHP Billiton - Olympic Dam Operations Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by UGL Operations & Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

[2] The matter has been the subject of extensive telephone conferences in relation to the application of the better off overall test.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Attachment 1.

[4] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.

Printed by authority of the Commonwealth Government Printer

<Price code G, AE409511  PR576986>

Attachment 1

UGL Operations & Maintenance Pty Ltd BHP Billiton – Olympic Dam Operations Services Enterprise Agreement 2014 – Variation to Agreement January 2015

Schedule of Changes

Clause 10. Remuneration

Delete:

10.3 The Hourly Rate paid to the Employee shall be subject to review by the Company in December of each year and will be adjusted in accordance with the 4 quarter CPI (Australia) (September Quarter to September Quarter). Following the review, the adjusted rates will apply from 1^st January the following year.

and replace with:

10.3 The current Hourly Rates paid to Employees outlined in the Appendix shall decrease by 10% effective 1^st May 2016 and then increase by 2.5% effective 1^st May 2017.

Clause 12. Hours of Work

Delete:

12.9 Employees may be required to perform afternoon/night shift work as directed to meet operational requirements. When directed to perform this shift work Employees shall receive a fifteen (15) per-cent loading in addition to the Hourly Rate.

and replace with:

12.9 Employees may be required to perform afternoon/night shift work as directed to meet operational requirements. When directed to perform this shift work Employees shall receive a five (5) per-cent loading in addition to the Hourly Rate.

Clause 13. Accommodation and Meals

Delete:

13.1 The Company will provide non-local Employees (non-residents of Roxby Downs South Australia) with free board and lodging of a ‘camp style’ (Single room accommodation with shared toilet/shower facilities) at or near the Site for all such time that the Employee is required to work. At times, there may be a requirement to accommodate the Employee temporarily at Andamooka or Woomera or such other locations as advised by the Client. These styles of accommodation will also include the provision of breakfast and dinner and will include facilities for Employees to self-prepare a lunch.

and replace with:

13.1 The Company will arrange rental accommodation in Roxby Downs for non-local Employees (non-residents of Roxby Downs) who choose not to reside in private accommodation. A Living Away From Home Allowance (LAFHA) of $175 per week will be paid to Employees who choose this option for the purposes of assisting in the payment of rental and utility charges.

Clause 14. Travel Arrangements

Delete:

14.1 If Employees are required to travel by plane to the Site, those Employees will be required to assemble at the applicable airport as designated by the Company ("the Assembly Point"). The Company shall be responsible for agreed transport costs including payment of airfares and other agreed costs associated with transporting the Employees between the Assembly Point and the Site and return. Employees will receive a total payment of 3 hours for the return trip from Adelaide to Olympic Dam and return.

14.2 If an Employee undertakes travel by means other than by plane (e.g. car or bus), the Employee will receive payment of 5 hours per trip for travelling between Adelaide and the Site or return. This travel must be approved by an Employee's supervisor prior to the travel taking place.

14.3 Travel will normally be undertaken on the first and last days of the rostered on work period of the relevant roster cycle. There may be occasions, however, due to Site requirements and/or flight availability where it is necessary to travel to Site either the day before the rostered on work period of the relevant work cycle and/or the day after.

14.4 The above mentioned provisions contained in this clause 14 are not applicable if an Employee resides at Roxby Downs. Documentary evidence of address may be required by the Company (i.e. current drivers licence) as proof of usual place of residence.

and replace with:

14.1 All travel to and from the Olympic Dam site shall be the responsibility of the Employee and the

Company shall not be responsible for travel and ancillary costs including time spent travelling.

14.2 Travel will normally be undertaken on the first and last days of the rostered on work period of the relevant roster cycle. There may be occasions, however, due to Site requirements and/or flight availability where it is necessary to travel to Site either the day before the rostered on work period of the relevant work cycle and/or the day after.

Appendix

Delete:

Existing Rates of Pay			Rates of Pay Effective 1 April 2014
Classification	Permanent All Purpose Weekly Rate	Permanent All Purpose Hourly Rate	Casual All Purpose Hourly Rate	Permanent All Purpose Weekly Rate	Permanent All Purpose Hourly Rate	Casual All Purpose Hourly Rate
Trades Assistant	1206.16	31.741	38.089	1238.72	32.598	39.117
Rigger Scaffolder	1244.54	32.751	39.301	1278.13	33.635	40.362
Dogman	1275.47	33.565	40.277	1309.88	34.470	41.364
Storesperson	1275.47	33.565	40.277	1309.88	34.470	41.364
Advanced Rigger Scaffolder	1317.31	34.666	41.599	1352.87	35.602	42.722
Crane Driver 15-40 Non Slewing	1317.31	34.666	41.599	1352.87	35.602	42.722
Carpenter	1386.28	36.481	43.778	1423.73	37.467	44.960
Mechanical Tradesperson	1386.28	36.481	43.778	1423.73	37.467	44.960
Mechanical Tradesperson LH 3-10	1443.28	37.981	45.578	1547.25	40.717	48.860
Electrical Tradesperson	1524.94	40.130	48.156	1566.11	41.214	49.456
Coded Welder	1569.40	41.300	49.560	1611.77	42.415	50.898
Electrical Tradesperson LH 3-10	1581.94	41.630	49.956	1689.63	44.464	53.357
Dual Electrical Instrument Technician	1605.54	42.251	50.701	1648.88	43.392	52.070
Coded Welder LH 3-10	1626.40	42.800	51.360	1735.27	45.665	54.798

and replace with:

Appendix - Wage Rates
Rates of Pay Effective 1 Jan 2015			Rates of Pay Effective 1 May 2016			Rates of Pay Effective 1 May 2017
									Classification	Permanent All Purpose Weekly Rate	Permanent All Purpose Hourly Rate	Casual All Purpose Weekly Rate	Permanent All Purpose Weekly Rate	Permanent All Purpose Hourly Rate	Casual All Purpose Hourly Rate	Permanent All Purpose Weekly Rate	Permanent All Purpose Hourly Rate	Casual All Purpose Hourly Rate
Trades Assistant	1267.21	33.3478	40.0173	1152.01	30.3161	36.3794	1180.81	31.074	37.289
Rigger Scaffolder	1307.53	34.4086	41.2903	1188.66	31.2805	37.5366	1218.38	32.063	38.475
Dogman	1339.99	35.2628	42.3154	1218.17	32.0571	38.4685	1248.62	32.859	39.430
Storesperson	1339.99	35.2628	42.3154	1218.17	32.0571	38.4685	1248.62	32.859	39.430
Advanced Rigger Scaffolder	1383.99	36.4208	43.7050	1258.17	33.1098	39.7318	1289.63	33.938	40.725
Crane Driver 15-40 Non Slewing	1383.99	36.4208	43.7050	1258.17	33.1098	39.7318	1289.63	33.938	40.725
Carpenter	1456.49	38.3288	45.9945	1324.08	34.8443	41.8131	1357.18	35.715	42.858
Mechanical Tradesperson	1456.49	38.3288	45.9945	1324.08	34.8443	41.8131	1357.18	35.715	42.858
Mechanical Tradesperson LH 3-10	1582.83	41.6535	49.9842	1438.94	37.8668	45.4402	1474.91	38.814	46.576
Electrical Tradesperson	1602.15	42.1619	50.5943	1456.48	38.3284	45.9941	1492.89	39.287	47.144
Coded Welder	1648.84	43.3906	52.0687	1498.94	39.4459	47.3351	1536.42	40.432	48.518
Electrical Tradesperson LH 3-10	1728.49	45.4867	54.5840	1571.36	41.3515	49.6218	1610.64	42.385	50.862
Dual Electrical Instrument Technician	1686.82	44.3900	53.2680	1533.47	40.3545	48.4255	1571.81	41.363	49.636
Coded Welder LH 3-10	1775.18	46.7153	56.0584	1613.80	42.4685	50.9622	1654.15	43.530	52.236