Beruflich Dokumente
Kultur Dokumente
DECISION
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Application for approval of the Goodline QCLNG Project Upstream Works Agreement.
[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on
19 November 2013 by Ribshire Pty Ltd T/A Goodline for the approval of a Greenfields
agreement known as the Goodline QCLNG Project Upstream Works Agreement (“the
Agreement”).
[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I
am satisfied that the AMWU, AWU and CEPU are entitled to represent the industrial interests
of a majority of employees who will be covered by the Agreement in relation to work that is
to be performed under it and that it is in the public interest to approve the Agreement.
[4] On 28 November 2013 the Employer provided an undertaking to the Fair Work
Commission. This undertaking is attached to and taken to be a term of the Agreement.
[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of
ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act.
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[2013] FWCA 9476
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Fair Work Act 2009 (Cth), Section 172(2)(b)
Note - this agreement is to be read together with an undertaking given by the employer. The undertaking is
taken to be a term of the agreement. A copy of it can be found at the end of this agreement.
Goodline QCLNG Upstream Works Agreement
Between
and
The Australian Workers' Union
and
and
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15. Superannuation .................................................................................................................~......... 20
16. Work I rest breaks ........................................................................................................................20
16.1 Day Workers .........................................................................................................................20
16.2 Shift Worl<ers ..................................................................,......................................................21
16.3 Weekend Overtime/PubRc Holiday ........................................................................................21
16.4 Genarat .................................................................................................................................21
17. Increases in rates ..............................................._,,................................................- ....................21
17.1 E!scalatlons .........................................~.................................................................................. 21
18. Leave.............................................................................................................................................22
18.1 Annualleave ........................................................................................................................22
18.2 Personal Leave .....................................................................................................................22
18.3 Compassionate Leave ........................................................................................................... 23
18.4 Public Holidays ......................................................................................................................23
18.5 Olher Leave ..........................................................................................................................24
19. Dispute Resolution Process ............ ,_ ................_ .......................................................................24
19.1 Objective of the Dispute Resolution Process .........................................................................24
19.2 Steps In the Dtspute Resolution Process ...............................................................................24
19.3 Role of union delegates and employee repreaenlatives .........................................................25
20. Employee Consultation ................................................................................................................26
21. Workplace Flexlbllity....................................................................................................................26
22. Income Protection ........................................................................................................................27
23. Personal Protective Equipment...................................................................................................27
24. Stand Down ...................................................................................................................................28
25. Signatures ................................- ..................................................................................................29
Appendix 1 - Definitions..............................................................................................................31
Appendix 2 -Indicative Rosters .................................................................................................313
Appendix 3 -Inclement We;"~ther ................................................................................................38
Appendix 4- Rato~;; and AUowancesAppendlx 5- Map .............................................................43
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2. Title
(a) This Agreement will be known as the Goodline QCLNG Project Upstream Works
Agreement (Agreement),
(b) This Agreement has been made in accordance with section 172(2)(b) of the Fair
Work Act 2009 (C!h) (Act),
3. Parties
(a) The Employer party to this Agreement is Ribshire Pty Ltd T/A Good line (ACN 085
847 892) (Employer}.
(b) The Union parties to this Agreement are:
(1) the Australian Workers' Union (AWU- Queensland Branch of employees) in
respect of all classifications within the scope of the Project except those
classifications listed below as covered by the AMWU or the CEPU;
(2) the Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union (AMWU) in respect of all mechanical and fabrication tradespersons
non-destructive testing persons and industrial painters; and
(3) the Communications , Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union (CEPU) in respect of all sprinkler fitting,
plumbing, electrical and roofing/siding tradespersons and electrical trades
assistants.
4. Application
(a) This Agreement covers and will apply to each of the Parties, and to the employees
of the Employer party:
(1) performing on site construction work and commissioning/ pre-commissioning
work as defined within the Employer's scope of work on construction of the
QCLNG Upstream Projects in Queensland (the Project),
(2) in any of the work classifications Identified in Clause 13 in this Agreement.
(b) In this Agreement:
( 1) "Site" means the site as defined by the Employer
(2) "Project" means QGC's QCLNG main and early upstream works, including
associated commissioning and pre-commissioning activities, and up-grade,
minor works & shut-down on existing facilities
(3) "Upstream works" means all work in relation to the gas field development
and associated infrastructure upstream from any tie in point to the QCLNG
main export pipeline for delivery of first gas at QCLNG Gladstone Project
(4) "Main Works" means all work In relation to the gas field development and
associated infrastructure for the purpose of delivering first gas CSG to the
Gladstone LNG facility.
(5) "Early Works" means all work in relation to the gas field development and
associated infrastructure for the purpose of delivering CSG to the local
domestic market up to and including first gas at QCLNG.
"First Gas" means the completion of trains one and two.
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(c) The Agreement does not apply to, or cover the Parties or employees of the
employer party In relation to:
(1) any commissioning activities beyond those detailed in subclause 4(b);
(2) maintenance, upgrades, minor works, Ghut down and associated work done
outside of the scope of the Employer's contract for construction at the Project
site(s) beyond those detailed in subclause 4(b);
(3) delivery and transportation of materials and equipment to and from the Project
slte(s) where the provider of the delivery/transport is not the Employer;
(4) transport of personnel to and from the Project site(s) where the provider of the
transport is not the Employer;
(5) off site manufacturing and fabrication including delivery and transportation to
the Project site(s);
(6) any activity associated with the construction of pipelines downstream to Curtis
Island including the main collection header;
(7) the operation of any accommodation facilities, including construction vfllages,
motels, caravan parks, etc. that may accommodate employees engaged on
the construction or operation of the Project;
(8) clerical, administrative, management, supervisory (other than leading hands),
professional or salaried staff;
(9) security/site control personnel unless security/ site control work is undertaken
by employees who have their employment regulated by this agreement and
are classified within clause 13 - Classification Groups;
(1 0) service activities, office cleaning, office equipment installation and servicing;
and
(11) engineers, surveyors and technicians.
(d) This Agreement is stand alone and insular in nature and has been developed by the
Parties to reflect and accommodate the specific circumstances of the Project While
this Agreement operates It will, to the extent allowed under the Act, apply to the
exclusion of all other State or federal industrial awards, agreements, preserved
State agreements, notional agreements preserving State awards or other industrial
instruments.
5. No Extra Claims
It is a condition of this Agreement that the Parties and each of the employees
covered by this Agreement will not pursue any extra claims, award or over award,
for the duration of the Agreement as specified in Clause 6 of this Agreement. This
includes claims relating to changes arising from award variations or decisions of
Fair Work Australia.
It is also a condition of this Agreement that the Unions and each of the employees
covered by it will not take industrial action in support of extra claims, award or over
award, for the duration of the Agreement.
7. Objectives
(a) The objectives of this Agreement are to:
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( 1) maintain a safe and healthy work site.
(2) treat employees with fairness and respect.
(3) provide open and regular information to its employees and engage in
interactive communication processes.
(4) encourage excellence and recognise the talents of employees and allow
employees to work to the fullest extent of their capacity.
(5) address any concerns raised by employees in a timely manner.
(b) Each employee is accountable to:
(1) establish and maintain a safe and healthy work area, ensure safe and healthy
work practices are followed at all times and within duly of care, take
responsibility for personal safety and that of other employees.
(2) comply with relevant Environmental Safely and Health regulations,
procedures and practices and for taking responsibility for personal safely and
that of team mates.
(3) comply with the Project site work rules as specified and as amended from
time to time.
(4) participate in and comply with the Project's cultural and environmental
processes.
(5) ensure their personal fitness for work.
(6) maintain uninterrupted continuity of work.
(7) deal with other employees and their Employer with fairness and respect.
(8) work towards project or team goals to the full extent of personal capacity.
(g) accept any counselling offered by their Employer positively.
(10) raise any personal concerns directly with their immediate team leader/
supervisor or another member of the Employer's management team.
8. Contract of employment
Employees (other than casual employees) will be initially engaged on three (3)
months probation.
During the probation period either the employee or the Employer will have the
right to terminate employment after giving the other party one (1) day's notice.
After completion of the probationary period, full time or part lime employment will
be weekly.
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(a) One (1) week's pay is calculated as per the requirements of the Act.
(b) Termination by the Employer will be In accordance with the terms of the Act. Subject
to the Act, as at the date of this Agreement, the required period of notice the
Employer must give an employee is as follows:
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8.4 Abandonment of employment
Subject to the Act, if an employee is absent for more than three {3) consecutive
working days without contacting the Employer and has not explained their absence
to the Employer's satisfaction or cannot be contacted at the last advised address,
the employee will be deemed to have abandoned his/her employment and will as a
consequence have their employment terminated.
9. Code of Conduct
(a) All employees engaged on the Project are required to adhere to the Employer's
Code of Conduct when in proximity of the Site or on the Site.
{b) It is important that employees follow all lawful instructions given by the Employer.
Should any employee not be able to perform the assigned task for any reason
whatsoever, it is their duty to inform the Employer immediately.
(c) Refusal to comply with any lawful instruction may result in disciplinary action, up to
and including termination of employment.
{d) Each employee is accountable for:
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(1) complying with all relevant environmental, safety and health regulations,
procedures and practices, including the Goodline Safety Management Plan;
(2) taking responsibility for personal safety and that of team mates;
(3) abiding by Site work rules and accommodation rules as specified and as
amended from time to time;
(4) participating In and abiding by Project cultural and environmental processes;
(5) their personal fitness for work and complying with the Employer's fitness for
work policy;
(6) maintaining an uninterrupted continuity of work.
10.2 Transport
Queensland road rules apply on all roads unless overridden by specific rules such as the
speed limits defined on posted signs or Site safety rules.
10.5 Children
No children under 16 are to be brought on the Site without the express approval of the
Site Project Management.
10.6 Animals
No animals are to be brought on to the Site. Exception will be made for persons who
require the use of a registered guide dog. Any such person would need to be
accompanied (whilst on the Site) at all times by an inducted employee.
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10.7 Gambling
Gambling on the Site is not permitted. Lotteries or raffles are not permitted other than
those which are approved by the Site Project Management.
10.8 Selling
The selling of merchandise or services on the Site is not permitted other than those which
are approved by the Site Project Management.
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(d) To allow for greater continuity of operation, weekends may be worked as part of the
ordinary hours of work. Subject to Clause 14.4, any such work done on weekend
days shall continue to attract the appropriate penalty rate. This will allow for cyclical,
compacted working weeks, for example, but not limited to; 10 days on 4 days off, 11
days on 3 days off. An employee who works so much overtime between the
completion of the ordinary hours worked on one day and the commencement of the
ordinary hours on the next day that the employee has not had at least ten (1 0}
consecutive hours off duty between those times shall, subject to this subclause, be
released after completion of such overtime until the employee has had ten (10)
consecutive hours off duty without loss of pay for ordinary working time occurring
during such absence.
11.3 Shiftwork
(a) The nominal ordinary hours of shtft work (whether continuous or not) will be an
average of 36 hours per week, averaged over a 52 week period, from Monday to
Sunday inclusive over a work roster cycle.
(b} Shift Penalties- Monday to Friday:
(1} Day shift (not day work)- Base Hourly Rate
(2} Afternoon/night shtft- Base Hourly Rate plus a flat shift loading of 15% of the
employee's Base Hourly Rate, for all hours that the employee is engaged on
an afternoon/nightshift
(c) Shift Penalties- Monday to Friday- Non-Rotating:
(1) Permanent non-rotating shift (night shift)- Base Hourly Rate plus a flat shift
loading of 30% of the employee's Base Hourly Rate, for all hours that the
employee Is engaged on a permanent non-rotating shift (night shift)
(d) Shtft Penalties -Weekends:
(1) All ordinary shifts worked by shift workers between midnight Friday and
midnight on Saturday shall be paid Base Hourly Rate plus a flat shift loading
of 50% of the employee's Base Hourly Rate.
(2) All ordinary shifts worked by shift workers between midnight Saturday and
midnight on Sunday shall be paid Base Hourly Rate plus a flat shift loading of
100% of the employee's Base Hourly Rate.
(e) Majority Hours
(1) Where the majority of ordinary hours fall on a particular day determines the
shift penalty payment for the ordinary hours of a particular shift. To avoid
confusion, a 10 hour nightshirt, commencing at 6:00pm on Friday and finishing
at 4:00am on Saturday would be deemed to be a "Friday" shtft for determining
ordinary time shift penalty with the overtime paid in accordance with
subclause 14.4.
(f) Afternoon shift means any shtft commencing after 2.00pm.
(g} Night shift means any shift commencing at or after 6.00pm.
(h} The arrangements for non rotating night shift work will be:
(1) Shift cycles must run for at least five days duration. Where less than five (5)
consecutive shifts are worked then employees shall be paid for each shift, one
half time extra for the first two (2} hours and time extra for the remaining hours
in addition to the Base Hourly Rate. The consecutive nature of a shift will not
be deemed to be broken if work Is not carried out on a Saturday, Sunday or
RDO or on any public holiday.
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(2) Notice of the commencement of shift work must be at least 48 hours, other
than in emergencies, or unless otherwise agreed.
(i) The Employer can require an employee to work either shift work rosters or day work
rosters. Where an employee who is working shift work rosters is moved to day work
rosters, they will not be a shift worker for the period of time they are working days
and they will not receive shift rates.
11.4 Rosters
(a) Work shall be arranged in accordance with rosters issued by the Employer.
Indicative rosters are Included in Appendix 2.
(b) The Employer shall notify employees of any change in the roster or of the need to
introduce a new roster. The Employer shall consult with employees and provide a
minimum of one (1) weeks' notice before introducing a new roster or to change
between rosters. Shorter periods of notice may operate by agreement with a
majority of affected employee or employees concerned, or in the event of an
emergency.
(c) For the purposes of this clause the implementation or cessation of a night shift Is
not considered as a change in roster or a new roster.
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12.2 Accommodation
(a) Where a Non-Local Employee as defined in clause 12.1 is engaged on the Project
the Employer shall provide camp accommodation. In the event that camp
accommodation is not available suitable board and lodging will be provided.
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(g) Non-Local Employees on an R&R roster cycle will be entitled to travel payments in
accordance with this clause, 12.5 (a) through (I) in lieu of any compensation for
travelling time or associated costs related to R&R travel.
(h) Travel for R&R shall commence on the last working day of the employee's work
roster, with normal work on site continuing for up to eight (8) hours. Non-Local
Employees will be paid travel payment of four (4) hours at the employee's Base
Hourly Rate.
(i) R&R travel returning the employee to the Project will be taken for the employee to
return no later than the last day of the employee's R&R leave to ensure the
employee is able to recommence work activities at their nomnal start time on the first
day of their roster cycle. Travel payments will be:
(1) Non-Local Employees travelling by Bus/ Road will be paid travel payrnent of
four (4) hours at the employee's Base Hourly Rate.
(2) Non-Local Employees on approved Air travel:
(i) Employees engaged from locations in Queensland will be paid travel
payment of four (4) hours at the employee's Base Hourly Rate
(ii) Employees engaged from other locations, will be paid travel payment of
eight {8) hours at the employee's Base Hourly Rate.
(j) The employee's entitlement to R&R travel payments shall be subject to the
employee being available to commence work on the first working day immediately
following the period of R&R and making themselves available to work on each day
of the previous cycle, other than approved leave. Subject to this provision, payment
shall be made in the first pay period after the employee returns from R&R.
(k) For occupational, health and safety reasons, an employee must have their R&R
journey plan approved by their Employer.
{I} It is anticipated that travel time by Road/ Bus from site along the designated route/s
will not exceed an average of five (5) hours travel time. In the event that Road/ Bus
travel time regularly greatly exceeds expectations (ie. greater than five hours travel
time, over more than five consecutive trips) the Company and Unions party to this
agreement agree to enter discussion regarding applicable remuneration for time
spent travelling. To be clear, this is not a commitment to increase travel time
payment but a means of providing flexibility should It become apparent and agreed
between the parties that Increased travel payment is required. All discussions and
actions regarding this matter will be dealt with in accordance with the Dispute
Resolution process outlined in clause 19, and all parties to this agreement agree
that during such discussions and actions work shall continue as normal on the
project.
13. Classifications
13.1 Definitions
For the purposes of clause 13.3, Classification Groups, the definitions of the various
positions are set out in Appendix 1 to this Agreement
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(b) The Classification Group identifies the remuneration level that the employee is
assigned to, however, it does not limit the work which the employee may be
required to perform.
(c) In addition to performing any duties within their assigned group, employees will
perform any duties in groups below that assigned level, provided that such duties
are:
(1) within their skills, competence, qualifications and training; and
(2) consistent with occupational health and safety and statutory requirements.
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Driver of excavator-over 100 bhp
Driver of Tractor- over 150 bhp
Driver of scraper loader- makers heaped capacity over 26 cubic metre, equivalent
to CAT633.
Driver of Front End Loader- greater than 4. 7 cubic metres
Driver of trucks - over 20 tonnes capacity
Driver of pneumatic tyred tractor and wheel loader- over 110 kW
GroupS
Cryogenic Insulator
Concrete Rnisher
Rigger- Licenced pursuant to the Act and/or Regulations
Scaffolder - Licenced pursuant to the Act and/or Regulations
Dogger- Licenced pursuant to the Act and/or Regulations
Steel Fixer
Structural Concreting
Mobile Crane Driver-up to BOt capacity
Driver of crawler tractor up to and including CAT D6 and 07 (power between 104-
171 kW)
Polywelder Advanced (certified to weld in accordance with the relevant Australian
standard for HOPE pipe welding as required by the Project)
Driver of Grader- up to 100 bhp
Driver of excavator- up to 100 bhp
Driver of Tractor - up to 150 bhp
Driver of motor vehicle- carrying capacity over 6.09 tonnes
Driver of scraper loader - capacity up to 24 cubic yards
Driver of Front End Loader- greater than 2.5 cubic metres and up to 4.7 em
Driver of road roller- up to 20 tonnes ballasted weight
Operator of Road Paving Machine
Driver of trucks - up to 20 tonnes
Backhoe Operator
Driver of pneumatic tyred tractor up to 110 kW
Concrete pump operator and concrete cutting or drilling machine operator
Fork lift driver- lifting capacity in excess of 2.3 tonnes
Group C
Non-cryogenic Insulator
Gladder
Storeperson
Serviceperson
Pipe and Conduit Laying
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Polywe\der Basic
Touch Up Painter
Driver of crawler tractor up to and including CAT D5 (power up to 67 kW)
Driver of Front End Loader- up to 2.5 cubic metre
Fork lift driver- lifting capacity up to 2.3 tonnes
Trades Assistant to Electrical Tradesperson
Tack Welder
Driver of motor vehicle - makers capacity over 1.27 tonnes
Driver of excavator up to 5 cubic yard capacity
Stress Reliever
Driller (civil)
Group D
Labourer
Trades Assistant to Mechanical Tradesperson
Formsetters Assistant
Chainperson (less than 6 months experience)
GroupE
An entry level employee with less than three months experience
An employee at this level would be expected to move to Group D at the completion
of the probationary period, subject to satisfactory performance review.
The Weekly All Purpose Wages and Base Hourly Wage Rates are set out In the table
below:
(a)
Group Weekly All Purpose Wage Base Hourly Rate
(36 hours x Base Hourly Rate) (From Date of Lodgement)
(From Date of Lodgement)
$per week $per hour
A 1565.42 43.48
B 1534.91 42.64
c 1504.43 41.79
D 1474.52 40.96
E 1408.88 39.14
(b) The remuneration as detalled In 14.1 (a) shall include, compensation feral\
disabilities and/or special skills (other than those for which allowances are otherwise
expressly provided for within this agreement) and/or special rates associated with,
or likely to be associated with, work on, or in connection with, the Project including
industry allowance, project or similar allowance and any allowance for work at dirty
work, hot work, confined spaces, obnoxious, dust, toxic or irritant materials or other
allowance of a kindred nature.
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14.2 Summary of Allowances
The following allowances are paid, in addition to the Base Hourly Rate set out in
sub-clause 14.1 (a) above, where applicable. For the purposes of this clause the
following applies:
Flat Allowance: An allowance that is paid as a separate stand alone payment to
the Base Hourly Rate and does not form part of either of these rates for the
purposes of calculating overtime penalties or paid leave.
All Purpose Allowance: An allowance that is added to the Base Hourly Rate and
applies for the purposes of calculating overtime or paid leave.
(a) The weekly and/or hourly all purpose allowances are set out in the table below:
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• Welding allowances are not cumulative
•• The Control Systems Tradesperson Allowance will be paid to all Licensed
Electricians
***The Instrumentation and Control Tradesperson and the Electronic Tradesperson
allowance are in lieu of all other electrical allowances except for the electrical
licence allowance.
(b) The weekly and/or daily flat allowances are set out in the table below:
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(b) For day workers, time worked outside of, or in excess of the ordinary working hours
prescribed in clause 11 shall be paid for at the rate of time and a half for tihe first two
(2) hours on any one day Monday to Friday and double time thereafter at the Base
Hourly Rates outlined in sub-clause 14.1 (a), (as escalated in accordance with
17.1).
(c) Overtime worked on the weekend by day workers shall attract the following
penalties:
Saturday: time and a half for the first two hours and double time thereafter with a
minimum of four hours paid or worked.
Sunday: double time for all hours worked, with a minimum of four hours paid or
worked.
(d) An employee other than a shift worker who works on a Saturday, Sunday or holiday
shall be paid for at least four (4) hours at the applicable overtime rate.
(e) For shift workers all time worked in excess of ordinary hours shall be paid at the rate
of double time.
(f) The Employer may withdraw ove111me on the Project without notice in the case of
any industrial action which affects the Project. Industrial action shall include strikes,
bans, limitations or any other form of industrial restriction.
(g) Subject to the Act, an employee, who because of any unauthorised absence, has
not worked in accordance with their roster in any given week, will not be entitled to
work weekend overtime hours in that week.
15. Superannuation
(a) The Employer will make the appropriate contributions as required by the
Superannuation Guarantee Act 1991 (Cth) into a complying superannuation fund.
Australian Super, Aust Q and Spec Q state that they are complying superannuation
funds.
(b) The Employer's contributions will be 9% of Ordinary Time Earnings as defined by
the relevant ATO Ruling as amended from time to time or $160 per week (to weekly
employees) whichever is greater.
(c) The level of minimum Employer contribution, as detailed in sub-clause 15 (b) on
behalf of each employee shall only be adjusted as follows:
• $165 per week-from 1 May 2015
(d) Superannuation contributions will be made to a default fund determined by the
Employer.
16.1 DayWorkers
(a) The Employer will schedule the work day on Monday through Friday so that it is
divided into three periods separated by two (2), 30 minute work breaks. One break
will be paid, and the other break will be unpaid. The Employer may stagger the time
of taking meal and rest breaks to meet operational requirements.
(b) The maximum period between any work break, or a work break and the start or end
of a standard work day, should be five (5) hours.
(c) Where an employee works two or more hours overtime after working ordinary hours,
from Monday to Friday inclusive, after the employee's ordinary working hours as
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prescribed in Clause 11 a crib break of 30 minutes shall be allowed at the
applicable rate of pay or paid as 30 minutes at double time.
(d) The breaks shall be taken so as not to interfere with the continuity of work where
continuity is necessary.
16.4 General
(a) Breaks may be staggered or taken at different times in the day, by different work
groups to suit work requirements.
(b) The breaks sha!! be taken so as not to interfere with the continuity of work where
continuity is necessary.
17.1 Escalations
(a) The Base Hourly Rate and corresponding Weekly All Purpose Wages in sub-clause
14.1 (a) and the All Purpose A!!owances in sub-clause 14.2 (a) will be increased by
the escalations set out in sub-clause 17.1 (b).
The flat weekly first aid allowance as stated in sub-clause 14.2 (b) will also be
Increased by the escalations set out in sub-clause 17.1 (b).
(b) The following increase to the amounts in sub-clause 17.1 (a) will take effect from the
first pay period on the Project after the dates listed:
Date %increase
1" November 2013 2.5
1'1 May 2014 2.5
1" November 2014 2.5
1" May 2015 2.5
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18. Leave
All leave will be taken in accordance with the terms of the Act.
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support their claim for personal leave, stating the nature of the illness and the period
the employee will be unable to attend work.
(i) A failure to follow the steps as detailed in sub-clause 18.2 (g) and (h) will result in
the absence being determined as an "unauthorised absence".
0) Employees who have a paid personal leave entitlement accrued on the Project will
have any unused portion of the entitlement paid out on termination.
(k) Part time employees will be entitled to accrue, and be credited monthly, paid
personal leave on a pro rata basis.
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(d) Employees may be required to work on public holidays however those employees
that do not wish to work on a public holiday shall notify their supervisor at least one
week before that public holiday. Where the Employer requires an employee to work
on a Public Holiday, they will provide one week's notice of such a requirement.
Payment for time worked on a public holiday shall be at time and a half for the hours
worked in addition to ordinary time.
Employees will be entitled to community service leave in accordance with the Act.
All employees other than casual employees who are required to attend for jury
service during the employee's ordinary work hours will be reimbursed by their
Employer an amount equal to the difference between the amount paid for jury
service by the Court and the amount paid to an employee for 8 ordinary hours at the
employee's Base Hourly Rate, for each day of jury service attended that falls on a
scheduled work day in the employee's roster.
The employee is responsible to provide the employer with proof of the times of
attendance and the amount received for jury service.
(c) Portable Long Service Leave
The Employer will be registered with QLeave and will ensure employees are
registered in accordance with QLeave.
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(d) If the matter still remains unresolved, the matter may be raised with the next level of
management (such as the State Manager) and a Senior Union Official (such as a
District Secretary or Assistant State Secretary of the Union)
(e) If still not resolved, the matter may be referred to the Fair Work Commission (FWC)
by the Company, the employee/s covered by the Agreement and raising the
grievance, or one or more of the Unions covered by the Agreement for conciliation.
(f) if still not resolved, the matter may be referred to the Fair Work Commission (FWC),
by:
( 1) the Company;
(2) the employee/s covered by the agreement and raising the grievance; or
(3) one or more of the Unions covered by the Agreement,
for arbitration.
(g) At all levels within 19.2, the employee may have an employee representative in
attendance.
(h) Any employee shall be entitled to invoke the Dispute Resolution Procedure to
resolve a dispute between the Employer and the employee on the Project. Once the
Dispute Resolution Procedure has been invoked by the employee, both the
employee and the Employer shall attempt in good faith to resolve the issue by
utilising the above steps, as required until resolution is reached. In the event that
the issue is not resolved, it will be referred to the FWC for resolution, as set out in
19.2 (e) and (f).
(i) While the above process is being pursued, work shall continue as normal. Failure to
work within the process described in this subclause and I or failure of any employee
to continue work as normal shall constitute a breach of this Agreement by the
employee(s) involved.
0) The resolution of any dispute in accordance with this procedure cannot be
inconsistent with the Code and Implementation Guidelines.
25
accordance with the split above. The banks are non-cumulative and non-
transferable.
Applications for leave must relate to and be supported with evidence to the
satisfaction of the Employer that it is for the sole purpose of enabling the delegate to
attend a training course or conference that is being conducted by the Union or a
recognised training provider that Is designed to provide skills and competencies that
will assist the delegate perform their functions including contributing to the prompt
resolution of disputes and or grievances in the workplace.
The applications to the employer must be in writing, include the nature, content and
duration of the course or conference to be attended, and be provided with 14 days
notice of the proposed training/ conference.
The granting of leave pursuant to this clause shall be subject to the employer being
able to make adequate staffing arrangements amongst current employees during
the period of such leave.
Leave of absence granted pursuant to this clause, shall count as service for all
purposes of this Agreement.
Each employee on leave approved in accordance with this clause, shall be paid at
the employee's Base Hourly rate for ordinary time only.
All expenses (such as travel, accommodation and meals) associated with or
incurred by the employee attending a training course or conference as provided in
this clause shall be the responsibility of the employee or the Union.
An employee may be required to satisfy the employer of attendance at the course or
conference to qualify for payment of leave.
An employee granted leave pursuant to this clause shall, upon request, inform the
employer of the content of the course or conference attended and their observations
on it.
26
(i) long service leave;
(ii) parental leave; and
(2) the arrangement meets the genuine needs of the employer and employee in
relation to one or more of the matters mentioned in paragraph (1 ); and
(3) the arrangement is genuinely agreed by the employer and employee.
(b) The employer must ensure that the terms of the individual flexibility arrangement:
(1) are about permitted matters under section 172 of the Fair Work Act 2009; and
{2) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(3) result in the employee being better off overall than the employee would be if
no arrangement was made.
(c) The employer must ensure that the individual flexibilily arrangement:
(1) is in writing; and
(2) includes the name of the employer and employee;
(3) is signed by the employer and employee and if the employee is under 18
years of age, signed by a parent or guardian of the employee; and
(4) includes details of:
(i) the terms of this enterprise agreement that will be varied by the
arrangement; and
(II) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and
(5) states the day on which the arrangement commences.
(d) The employer must give the employee a copy of the individual flexibility
arrangement within 14 days after It is agreed to.
(e) The employer or employee may terminate the individual flexibility arrangement:
( 1) by giving no more than 28 days written notice to the other party to the
arrangement; or
(2) if the employer and employee agree in writing -at any time.
27
(1) four (4) pairs of standard work issue denim jeans and 6 standard issue long
sleeved shirts or, six (6) pairs of overalls in lieu of shirts and jeans
(2) one (1) pair of standard approved issue safety footwear
(3) one (1) hard hat approved issue
(4) one (1) pair of approved issue safety glasses or if required, prescriplion safety
glasses (transitional lenses)
(5) Employees (other than casuals) who are engaged on the Site between 1 May
and 31 August in any year shall be entitled to a one-off issue of a good quality
cotton work jacket.
(b) It is a requirement that personal protective equipment issue be worn at all times
where required on the Site.
(c) It may be a requirement to wear mono-goggles in areas affected by operational
activities (these will be clearly sign marked). This will be a Project condition of
employment.
(d) Re-issue will be on the basis of fair wear and tear provided the item is produced for
replacement.
(e) An employee who resigns or is dismissed for misconduct within three (3) months of
receiving the issue may have the cost withheld from their final pay.
28
25. Slgnai es
Signed for
I
Ribshlre, T/A Goodllne Level2, 21nnovatlon Parkway Qld 4575
by lis representative
~5Jp~
Witness (slgneture)
Ll j(A_ J&y I/'J2
Name (please print)
;;»
by Its representative
-;:?'.....,.~
Witness (signature)
29
Signed for
Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union 366 Upper Roma Street, Brisbane, Queensland, 4000
by its representative
Signed for
Communications, Electrical, Electronic, Energy, Information, Postal,
Plu~g and/ Allied Services Union 41 Peel Street, Southbank, Qld 4101
\~v
'\. '
by its rep'resentatlve
~,c ~~()J
Witness (signa! )
30
Appendix 1 - Definitions
(for purpose of clause 13.3)
31
(1) Maintain and repair multi-function printed circuitry of the type described in this definition
using circuit diagrams and test equipment;
(2) Work under minimum supervision and technical guidance;
(3) Provide technical guidance to other employees or to management within the scope of
the work described in this definition; and/or;
(4) Prepare reports of a technical nature on specific tasks or assignments as directed and
within the scope of the work described in this definition.
(c) Instrument Tradesperson- Complex Systems
An instrument (mechanical or electrical) tradesperson who is mainly engaged in installing,
repairing, maintaining, servicing, testing, modifying, commissioning, calibrating and fault
finding instruments which make up a complex control system which utilises some combination
of electrical, electronic, mechanical, hydraulic and pneumatic principles, including work on
complex digital and/or analogue control systems utilising integrated circuits.
To be classified as an Instrument Tradesperson - Complex Systems, a tradesperson will
have:
(1) had a minimum of two years on the job experience as a tradesperson working
predominanUy on complex and/or intricate instruments and instrument systems, as will
enable them to perform such work under minimum supervision and technical guidance;
and
(2) satisfactorily completed an appropriate post trade course equivalent to at least two
years part time study or has achieved to the satisfaction of the employer, a comparable
standard of skill and knowledge by other means including in-house training or on the
job experience referred to in (1) above.
(d) Instrument Tradesperson
A tradesperson mainly engaged in installing, (including the installing of inter connecting
instrumentation wiring, not prohibited by the Electricity Act 1976-1990 or hydraulic or
pneumatic instrumentation tubing) repairing, maintaining and servicing industrial instruments
and control systems, including instruments and systems utilising integrated circuits,
An Instrument Tradesperson will have completed an apprenticeship, the greater part of which
involved industrial instrumentation, or alternatively can demonstrate a knowledge and
understanding of industrial instrumentation and can apply lhat knowledge and understanding
to a level which would have been gained by undertaking a formal training course run by a
Slate Education Department or Technical Education Department or its equivalent or by at
least 12 months on the job experience as a tradesperson performing instrument work.
(e) Electrical Tradesperson ·Special Class
An electrical filter or electrical mechanic, who is mainly engaged on complex and/or intricate
circuitry, the performance of which work requires the use of 'additional knowledge' as defined.
For the purpose of this definition 'additional knowledge' means knowledge in excess of that
gained by the satisfactory completion of the appropriate technical college trade course which
has been acquired by the tradesperson by virtue of their:
(1) having had not less than two years on the job experience as a tradesperson working
mainly in such complex and/or intricate circuitry as will enable them to perform such
work unsupervised where necessary and practicable; and
32
(2) having, by virtue of either the satisfactory completion of a prescribed post-trade course
in industrial electronics or the achievement of a comparable standard of knowledge by
other means including the on the job experience referred to in provision (a) hereof,
gained a sufficient comprehension of such complex or intricate circuitry work as will
enable the tradesperson to examine, diagnose and modify systems comprising inter-
connected circuits.
(3) For the purpose of this definition the following courses are deemed to be prescrtbed
post-trade courses in industrial electronics:
(i) Industrial Electronics (Course 'C') of the Department of Education, Queensland;
(ii) Post Trade Industrial Electronics Course of the NSW Department of Technical
Education;
(iii) The Industrial Electronics Course (Grades 1 & 2) approved by the Education
Department of Victoria;
(iv) The Industrial Electronics Course of the South Australian School of Electrical
Technology;
(v) The Industrial Electronics Course of the Technical Education Department of
Tasmania;
(vtl The Certificate in Industrial Electronics of the Technical Education Division of the
Western Australian Educational Department.
(ij Controls Systems Tradesperson
An electrical tradesperson mainly engaged in installing, terminating, testing, modifying,
commissioning or fault finding control circuitry which utilises electrical or electronic principles,
and interpreting electrical drawings which include control circuitry.
An employee at this level would work under minimum supervision and technical guidance.
(g) Electrical Mechanic- Certified
A tradesperson who is required to hold an Electrical Mechanics Certificate issued by the
Electrical Workers' and Contractors' Board, or its equivalent, as a result of additional
responsibilities assumed for testing and connecting their own work.
The additional skills payment shall not apply in whole or in part, until that person completes an
apprenticeship or other equivalent training course.
Controls Systems:
33
For the purpose of this definition "additional knowledge" means knowledge In
excess of that gained by the satisfactory completion of the appropriate technical
college trade course which has been acquired by the tradesperson by virtue of their;
For the purpose of this definition 'mainly engaged' means regularly over a period or
intermittently during a week.
(1) Who is qualified, through passing the tests required (pre-employment and/or
during employment on the Project), to weld to the satisfaction of the Division
of Workplace Health and Safety to the requirements of the relevant
Certificates 1-9 AS 1796, or welding standards of equivalent or greater testing
Integrity and who is engaged on work requiring such qualification; or
(2) Who is qualified to the Division of Occupational Safety Standards and is
required to perform pressure vessel welding or pipe welding.
An employee, who is qualified, through passing the tests required by the employer,
and remains so qualified, and is engaged on work requiring such qualification in
relation to welding either alloy pipework to ASME-831-3 standard, or pressure
vessels and tanks to the relevant standards, in relation to the following materials;
Aluminium
Chrome Molybdenum
A333Grade 6
Such tests may be required prior to employment and during employment, on the
Project, to ensure that qualifications are relevant and up to date.
This allowance only applies to employees whose welds are recorded Non
Destructive Tested (NDT) for the time so worked.
34
An engineering tradesperson (fabrication) who, because of the requirements of the
manufacturer of the workplace, has met and remains capable of meeting a practical
test, e.g. the Department of Occupational Safety Practical Test Requirements for AS
1554SP. Some or all of these welds may be NOT treated.
An employee defined as Dual and Advanced Ticketed is licensed for and certified at
a Project level and must be willing to use the following qualification/skills when
required:
An employee ticketed for two or more of the above qualifications who can
demonstrate a minimum of two years experience in each of these classifications,
and must be willing to use the qualification/skills when required, will be classified as
a Dual and Advanced Ticket.
(o) Labourer
Entry Level is defined as a team member who has less than 3 months construction
work experience. Following the 3 month period the entry level team member will
automatically be employed In the appropriate Group level applicable to that skill
following formal assessment to determine skill or attain appropriate tickets/licences
to align with the Group level.
35
Appendix 2
Roster
Week 1 Week2
Cvcle
M T w T F s s M T w T F s s
R&R
Ordinary Travel
Day
Hours R&R FLY/ 7.2 7.2 7.2 - - 7.2 7.2 7.2 7.2
oW - -
Paid BUS
RDO Day
0.8 0.8 0.8 0.8 0.8 0.8 0.8
Accrual off*
Time
and 2 2 2 2 - 2 2 2 2 - 2 -
a Half
Double
6 8 6 8
Time
Roster
Week3 Week4
Cycle
M T w T F s s M T w T F s s
Ordinary
Hours 7.2 7.2 7.2 7.2 7.2 - - 7.2 7.2 R&R R&R R&R R&R R&R
Paid
RDO
0.8 0.8 0.8 0.8 0.8 0.8
Accrual
Time
and a 2 2 2 2 2 2 - 2 -
Half
Double
Time
6 8 -
• Days off are unpaid
36
Indicative 5 Day Roster
Roster
Week 1 Week2
Cy_cle
M T w T F s s M T w T F s s
Ordinary
Hours 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2
Paid
RDO
0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8 0.8
Accrual
Time
and 2 2 2 2 2 2 2 2 2 2
a Half
Double
Time I
Roster
Week3 Week4
Cycle
M T w T F s s M T w T F s s
Ordinary
Hours 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 RDO RDO
Paid
0.8
RDO
0.8 0.8 0.8 0.8 0.8 0.8 0.8
Accrual
Time
and a 2 2 2 2 2 2 2 2
Half
Double
Time
37
Appendix 3-lnclement Weather
(a) Approach to inclement weather
The Parties to the Agreement will collectively work towards the minimization of the
lost time due to inclement weather. Further to this, the Parties undertake to adopt
the following principles with regards to inclement weather and the idle time
inclement weather creates:
(1) All Parties will adopt a reasonable approach as to what constitutes inclement
weather.
(2) Work will continue in periods of inclement weather where it has been
detennined that it is safe to do so. The Employer will issue wet weather and
appropriate PPE where appropriate.
(3) Nominally the relevant Supervisor in conjunction with the employees and
when appropriate, the Safety Representative will assess the weather
conditions and where necessary, after consultation with the Site Manager,
transfer to other work activities or training.
(4) Employees shall accept transfer to an area on site not affected by inclement
weather where work is available provided the work is within the employee's
skill, competence and training.
(5) Where useful work is not available the use of non-productive time shall be
utilized for activities such as skill development, safety training, presentation
and participating in learning, planning and reprogramming of the Project or
any other utilisation of non-productive time as the Employer may reasonably
require.
(b) Payment
( 1) Monday to Friday
When work (including wet weather activities) ceases or cannot commence because
of inclement weather, employees shall continue to be paid in accordance with this
Agreement but must remain at their Project site until released. After four ordinary
hours. if information indicates the inclement weather will continue, the Employer
may release employees for the remainder of the day. In this situation, employees
shall be paid the ordinary hours normally worked for the day.
38
those hours will not be sufficiently productive because of inclement
weather.
(iii.) To effect this cancellation the Employer shall post a signed notice on a
designated notice board (or boards) no later than 1.3Dpm on Friday
afternoon. It is the employee's responsibility to check this board (or
boards) for such a notice.
(iv.) Employees working in dry situations shall continue to work normal
{i) The following shall apply when, in the event of Inclement weather, the
Employer stands down employees employed under this Agreement:
{il) each employee who:
Shall be paid for the normal rostered ordinary time that occurred during
the stand down
(iii) any employee who, on any day during the inclement weather stand
down:
and an employee who does not present for work at the time referred to
in subparagraph (2) above will not be entitled to payment for the time
'stood down', but instead will only be entitled to payment for actual time
worked.
39
(vi) where, on the day following the resumption of normal operations or on
any subsequent day an employee cannot because of damage caused
to the Project by inclement weather be usefully employed, the
Employer may stand down the employee without pay.
The Employer has the right to stand down an employee without pay for any
day or part of a day for which the employee cannot do work due to any cause
for which the Employer cannot reasonably be held responsible.
The right to stand down an employee is subject to the Employer ensuring that
all reasonable options for other work have been explored before the stand
down is implemented.
Any dispute arising from the application of this clause shall be resolved in
accordance with the dispute resolution process in this Agreement
40
Appendix 4 - Rates and Allowances
(a) Weekly All Purpose Wage
41
Crane Operation
Lofty or 83.30 85.38 87.51 89.70
Tower Crane
Mobile Crane
(i) Upto80t 18.51 18.97 19.44 19.23
(ii) Over 80 and 64.85 66.47 68.13 69.83
UP to 120!
(iii) Over 120 74.05 75.90 77.80 79.75
and up to 300t
(iv) Over 300t 83.31 85.40 87.54 89.73
(v) Over 500! 90.32 92.58 94.89 97.26
42
Appendix 5 - Map
The below map identifies the regions for classifying employees as local and non-local in accordance with clause 12.
~!S}
Wsl!umb..'lla
North
"
,
,Ji~
Parknook
0
CMml'ittl.
•
*For the purposes of the Dalby base, all ofToowoomba, Tara, Yarraman, Wyreema and Chinchilla are included in the radius shown
above.
43
28 November 2013
I refer to the email dated 19 November 2013 from your Associate Laura Fitzpatrick in respect of the
above agreement.
In response to this correspondence, Ribshire Pty Ltd trading as Goodline (ACN 085 847 892) offers
the following undertaking under section 190 of the Fair Work Act 2009 (Cth) in relation to the proposed
Goodline QCLNG Project Upstream Works Agreement (Agreement):
Clause 19.2 in its entirety, are to be replaced with the Model Term for Dealing with Disputes
for Enterprise Agreement1 as described below:
1
Schedule 6.1 Fair Work Act Regulations 2009 (Cth)
-2-
A decision that Fair Work Commission makes when arbitrating a dispute is a decision
for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made
against the decision.
(6) While the parties are trying to resolve the dispute using the procedures in this
term:
(a) an employee must continue to perform his or her work as he or she would
normally unless he or she has a reasonable concern about an imminent risk
to his or her health or safety; and
(b) an employee must comply with a direction given by the employer to
perform other available work at the same workplace, or at another workplace,
unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not
permit the work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to
comply with the direction.
(7) The parties to the dispute agree to be bound by a decision made by Fair Work
Commission in accordance with this term.
Dwayne Finch
28-11-2013
Date
APAC-#14037575-v1