UGL Operations & Maintenance Pty Ltd

[2015] FWCA 6799

[2015] FWCA 6799

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
(AG2015/5661)

UGL OPERATIONS & MAINTENANCE PTY LTD LNG PROJECTS UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 OCTOBER 2015

Application for variation of the UGL Operations & Maintenance Pty Ltd LNG Projects Union Greenfield Agreement.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by UGL Operations & Maintenance Pty Ltd for the approval of a variation to the UGL Operations & Maintenance Pty Ltd LNG Projects Union Greenfield Agreement (“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), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Australian Workers’ Union, as organisations covered by the Agreement, have filed declarations in support of the variation.

[3] The Agreement is varied as follows:

A. At clause 3, by adding a new subclause (e) as follows:

“(e) Where this agreement does not provide for the same terms and conditions that are provided to employees of Bechtel under the Bechtel Queensland LNG Projects Union Agreement 2014 (Bechtel Agreement), and where those terms and conditions are better than the terms and conditions provided under this Agreement, the employer will recognise those terms and conditions as reflective of the current Curtis Island market conditions and will provide employees with the terms and conditions equal to the terms and conditions of the Bechtel Agreement.”

B. At clause 5, by amending the nominal expiry day to read “30 April 2017”.

C. At sub clause 7.5(a), by deleting “$80” and replacing it with “$90”.

D. At sub clause 8.1(b), by replacing paragraph VI as follows:

“VI. remain at their workface until their designated break/s and finishing time. The Employer shall make clear what are reasonable times to pack-up and/or depart the workface prior to a work break and/or finishing time. Five minutes shall be allowed for wash-up prior to a break and/or finishing time.”

E. At subclause 11.2(a), in the table of allowances, by amending the Leading Hand Allowances as follows:

Leading Hand (as defined)	Weekly	Hourly
(i) 1-9 Employees	73013	2.03
(ii) 10-19 Employees	109.20	3.03
(iii) 20 or more Employees	146.25	4.06

F. At subclause 11.2(b), by replacing the table as follows:

Travel:

A flat daily travel allowance will be paid to each employee, for each day the employee reports for work and works as directed by their Employer.

The Travel Allowance includes reimbursement for all costs, expense and inconvenience incurred with any travel to and from a Project, and to and from the workplace for the crew pre-start meeting.

$45.00 per day

*Increases to $50.00 per day as of 1 November 2014

*Increases to $55.00 per day as of 1 November

2016

Ferry Allowance:

A flat daily ferry allowance will be paid to each employee for inconvenience incurred (including unforeseen delays) associated with ferry travel for each day the employees reports for work and works as directed by the Employer.

In the event of road access to any project replacing the need for ferry travel, such payment will cease and all travel will be compensated as Per the travel allowance as stated above.

The above allowance is only payable to employees requiring daily travel, by ferry, to and from the project site. It is not payable to employees such as non-local employees who may utilise the ferry service for R&R, mobilisation/demobilisation and other related purposes.

$35.00 per day

Curtis Island "island living Allowance"

A flat daily allowance will be paid to each employee required to reside in one of the Curtis Island construction camps on the island. (Not applicable to those employees who reside in mainland camps - who are in receipt of the ferry allowance)

This will be paid for each day the employee resides in the construction camp and reports to work as rostered and works as directed. It is not payable for non- work days.

This allowance is paid in recognition of the uniqueness of the Curtis Island Project.

$10.00 per day

Curtis Island LNG Project Productivity Payment

A flat daily allowance will be paid to each employee (local or non-local) who reports to work and works as directed. It is not payable for non-work days.

This payment does not apply for periods of authorised or unauthorised leave including, but not limited to R&R, annual, Long Service, Personal Leave, Workers Compensation and any form of industrial action.

The payment is made for the commitment of the employee to the achievement of optimum productivity, continuous work, complying with timekeeping requirements and performing duties within the employees assigned classification group as per Clause 11 on the Curtis Island LNG Projects.

$30 per day

From 1st November 2014

Meal Allowance:

An employee shall receive a $10.20 meal allowance where the employee works two (2) hours or more overtime after the ordinary ceasing time, Monday to Friday.

In the circumstances where an employee is required to work more than 8 hours overtime on either a Saturday or Sunday, a meal will be provided or a payment of $10.20 meal allowance in This provision shall not apply to employees who are in receipt of board and lodging or to employees who are supplied with meals lieu will be made.

$10.20

First Aid:

An employee appointed by the Employer to be a first aid attendant will be paid a flat 1st Aid payment per week

Weekly

$19.30

G. At sub clause 14.1(b), by replacing the table of increases as follows:

Date	% increase
1 May 2014	2.5
1 November 2014	2.5
1 May 2015	2.5
1 November 2015	2.5
1 May 2016	2.5
1 November 2016	2.5

H. At clause 16.2, by deleting subclause (i) and replacing it with (i)-(k) as follows:

“i) Furthermore it is the intention of the Parties that at levels subclause 16.2(a) (3) and (4), each step in the process be completed within three (3) days.

j) At levels 16.2(a)(1) and 16.2(a)(4) inclusive of the above, the employee may have their appointed union delegate who is entitled to represent the industrial interests of the employee under the terms of this Agreement in attendance.

k) At all levels of the disputes resolution process, an employee or employees covered by this Agreement involved in the dispute may nominate a representative of their choosing.”

I. At clause 21, by deleting the text and replacing as follows:

“The employer will consult with the Union parties to this agreement before mobilisation of employees to the Project(s) to discuss the employee hiring and induction process, workplace health and safety committees, right of entry protocols and general workplace consultation over the life of the Projects(s). Right of entry will be strictly in accordance with the Act.”

J. At clause 22, by replacing the clause as follows:

“Employee Representatives

The Company recognises the role of Union delegates or Employee Representatives to represent Employees in employment matters. The Company agrees to grant Employee Representatives or Union delegates reasonable paid time off work to:

a) consult and speak with Employees about matters relating to their employment such as a grievance or dispute;

I. consult and confer with Officials of the Union;

II. consult with the Company including participating in any consultation process set out under this Agreement;

III. represent the interests of Employees to the Company and before industrial tribunals;

IV. participate in any bargaining for an agreement to replace this agreement.

b) Employees will be entitled to meet with the Employee Representative or delegate on an as needs basis, but if such meetings are to occur in working time they will require the consent of the Company in writing.

c) The employer shall, where requested by the delegate(s), provide him/her with reasonable facilities to produce and store electronic documents, photocopy a reasonable number of documents and send and receive documents via a facsimile or other electronic means, where the Employer possesses such a machine. Nothing in this subclause requires the Employer to supply the Delegate(s) with dedicated office space to perform their delegate duties”

K. By adding a new clause 24 as follows:

“24. Code Compliance

The Parties to this agreement note that the Federal Government has foreshadowed that a new Building Code may apply to this agreement during the period of its operation. At the time of bargaining, the proposed terms of that new Code, and its commencement date, are uncertain and imprecise.

The parties intend to comply with the new Code, should it come into effect. Should the new Code come into effect, the terms of this agreement will apply to the extent of any inconsistency with the provisions of the new Code provided that the agreement cannot, as a result:

a. Apply in any manner so that each employee covered by the agreement would not be better off overall than if the relevant modern award applied to the employee; or

b. Contain an unlawful term; or

c. Otherwise apply in a manner inconsistent with the Fair Work Act 2009.

Should any terms of the Agreement be affected by the application of the new Code, and as such would breach the Code, then the terms would no longer have effect and the bargaining representatives for the Agreement will renegotiate the affected terms of this agreement, and may agree to make a variation to the affected terms of the Agreement under section 207 of the Fair Work Act 2009.”

L. By replacing Appendix 4 – Rates and Allowances – as follows:

a) Weekly All Purpose Wage

Level	From Lodgement $per week	From 01/05/14 $per week	From 01/11/14 $per week	From 01/05/15 $per week	From 01/11/15 $per week	From 01/05/16 $per week	From 01/11/16 $per week
A	1604.55	1644.66	1685.79	1727.93	1771.13	1815.41	1860.79
B	1573.28	1612.61	1652.93	1694.25	1736.60	1780.02	1824.52
C	1542.04	1580.59	1620.10	1660.60	1702.12	1744.68	1788.29
D	1511.38	1549.16	1587.90	1627.60	1668.29	1709.99	1752.74
E	1444.1	1480.20	1517.21	1555.14	1594.01	1633.86	1674.71

b) Weekly All Purpose Allowances

Allowance	From 01/11/13 $per week		From 01/05/14 $per week		From 01/11/14 $per week	From 01/05/15 $per week		From 01/11/15 $per week		From 01/05/16 $per week	From 01/11/16 $per week
Leading Hand
(i) 1 to 9 employees	73.13		75.00		76.88	78.80		80.77		82.79	84.86
(ii) 10 to 19 employees	109.20		112.00		114.80	117.67		120.61		123.63	126.72
(iii) 20 or more employees	146.25		150.00		153.75	157.59		161.53		165.57	167.71
Licensed Riggers, Dogmen and Scaffolders	37.06		37.98		38.93	39.90		40.90		41.92	42.97
Tradesperson's Tool Allowance	41.89		42.93		44.00	45.10		46.23		47.38	48.57
Tradesperson's Allowance	85.58		87.72		89.91	92.16		94.46		96.83	99.25
Plumbing and/or Electrical License	55.55		56.94		58.36	59.82		61.32		62.85	64.42
Crane Operation
Lofty or Tower Crane		83.3		85.38	87.51		89.70		91.94	94.24		96.60
Mobile Crane
(i) Upto80t		18.51		18.97	19.44		19.93		20.43	20.94		21.46
(ii) Over 80 and up to 120t		64.85		66.47	68.13		69.83		71.58	73.37		75.20
(iii) Over 120 and up to 300t		74.05		75.9	77.80		79.75		81.74	83.79		85.88
(iv) Over 300t		83.31		85.4	87.54		89.73		91.97	94.27		96.63
(v) Over 500t		90.32		92.58	94.89		97.26		99.69	102.18		104.74
Qualification Allowances
(i) Welder – Tested		37.06		37.98	38.93		39.90		40.90	41.92		42.97
(ii) Welder – Special Class		64.85		66.47	68.13		69.83		71.58	73.37		75.20
(iii) Welder – Special Class Exotic Materials		113.49		116.33	119.24		122.22		125.28	128.41		131.62
(iv) Instrumentation Tradesperson		37.06		37.98	38.93		39.90		40.90	41.92		42.97
(v) Instrumentation Tradesperson – Complex Systems		64.85		66.47	68.13		69.83		71.58	73.37		75.20
(vi) Electrical/Mechanical Tradesperson Special Class		64.85		66.47	68.13		69.83		71.58	73.37		75.20
(vii) Control Systems Tradesperson		64.85		66.47	68.13		69.83		71.58	73.37		75.20
(viii) Instrumentation and Control Tradesperson		166.65		170.82	175.09		179.47		183.96	188.56		193.27
(ix) Electronics Tradesperson		166.65		170.82	175.09		179.47		183.96	188.56		193.27

c) Weekly Flat Allowances

Allowance	From Lodgement $per week	From 01/05/14 $per week	From 01/11/14 $per week	From 01/05/15 $per week	From 01/11/15 $per week	From 01/05/16 $per week	From 01/11/16 $per week
First Aid Attendant	18.83	19.3	19.78	20.28	20.78	21.30	21.84

[4] The variation is approved and will come into operation on 7 October 2015.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE406338  PR572518>