AG2011/3893, Transcript of Proceedings [2012] FWATrans 44 (30 January 2012)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1032600-1

SENIOR DEPUTY PRESIDENT ACTON

AG2011/3893

s.185 - Application for approval of a single-enterprise agreement

Application by Stormseal Roofing Pty Ltd
(AG2011/3893)





Melbourne

9.44AM, TUESDAY, 24 JANUARY 2012

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have the appearances, please.

PN2

MS S. KRAEMER: If it please, your Honour, my name is Kraemer, initial S. I appear for the Master Plumbers and Mechanical Services Association of Australia, representing Stormseal Roofing. With me is MR M. MUSGRAVE. Also present is MR D. NORTHFIELD. Thank you.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. I've listed this matter because clause 2.1.12 of the agreement, if you could turn to it, Ms Kraemer - - -

PN4

MS KRAEMER: Yes, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: - - - says that it incorporates the terms of clause 21 of the award - which I presume deals with allowances, is that right?

PN6

MS KRAEMER: Yes, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Except the allowances in the award dealing with industry, plumbing trade, registration, special fixed and tool allowance. Is that right?

PN8

MS KRAEMER: That's right, your Honour.

PN9

THE SENIOR DEPUTY PRESIDENT: So those allowances are incorporated in the rates, are they?

PN10

MS KRAEMER: Forgive me, your Honour. The rates in the award are separate to those allowances. So the allowances are payable on top of the rates specified in schedule C. So there are additional amounts payable. The rates in appendix C, wage rates, are the hourly rates. In addition, the industry allowance is payable, the plumbing trade allowance is payable, the industry allowance, special fixed allowance and tool allowance are payable on top of those rates of pay. All other allowances are incorporated into the hourly rate of pay at appendix C.

PN11

THE SENIOR DEPUTY PRESIDENT: Well, that's why I asked the question because it seemed to me that the way it reads, this agreement incorporates the terms of clause 21 of the award. That is - read this - - -

PN12

MS KRAEMER: My apologies. It exempts those clauses, so everything else is included.

PN13

THE SENIOR DEPUTY PRESIDENT: Right. This is the way the clause reads, "The agreement incorporates the terms of clause 21 of the award." So in other words, "Read this agreement as if in addition to it was a clause which was the same as clause 21 of the award, excepting those parts of the award in clause 21 of it which refer to industry allowance, plumbing trade allowance, registration allowance, special fixed allowance and tool allowance." In other words, the way it reads is that these employees do not get the industry allowance, plumbing trade allowance, registration allowance, special fixed allowance and tool allowance in the award.

PN14

MS KRAEMER: That's right, your Honour. They have been incorporated into the hourly rate.

PN15

THE SENIOR DEPUTY PRESIDENT: Right.

PN16

MS KRAEMER: So all other allowances in clause 21 apply.

PN17

THE SENIOR DEPUTY PRESIDENT: Right.

PN18

MS KRAEMER: So there are a number of disability allowances, et cetera, in clause 21.

PN19

THE SENIOR DEPUTY PRESIDENT: Okay. What you will need to do then - clause 3.6 then it seems is not answered correctly.

PN20

MS KRAEMER: 3.6 of form 17, your Honour?

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, because it says, "Does the agreement contain any terms or conditions that are less beneficial than the equivalent terms and conditions in the reference instrument," and the agreement doesn't contain the industry allowance, registration allowance, et cetera.

PN22

MS KRAEMER: Your Honour, that is correct. However, the hourly rates that have been specified in appendix C are well in excess of the minimum loaded rate that would apply to an employee covered by the Plumbing and Fire Sprinklers Award. Registered plumbers, under the Plumbing and Fire Sprinklers Award, are entitled to a base rate of $686.20 per week in addition to the relevant allowances. This amounts to $21.44 per hour under the award.

PN23

THE SENIOR DEPUTY PRESIDENT: It well may be. The issue is: I've got your F17 which is wrong. The purpose of the F17 is to tell me which aspects of the agreement are more beneficial, you've done that in 3.5, then you've got to tell me the ones which are less beneficial and that hasn't been done. You've told me there isn't anything that is less beneficial in this agreement, whereas clearly there is. Then you go to 3.7 as to why I should be satisfied that, notwithstanding the diminutions in the agreement, vis-a-vis the award, the agreement should get up. That's the purpose of the F17.

PN24

MS KRAEMER: I understand, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes. So what I need is a revised F17.

PN26

MS KRAEMER: Yes, your Honour.

PN27

THE SENIOR DEPUTY PRESIDENT: And I also need a document which sets out, for the month of November last year, because that will be the most recent full month available, of what the employees would have earned if they had worked their rosters over that month under the award, vis-a-vis what they will earn for the same roster under the agreement.

PN28

MS KRAEMER: Certainly.

PN29

THE SENIOR DEPUTY PRESIDENT: So then I can do a comparison. Are you clear on the nature of the document I require?

PN30

MS KRAEMER: Yes, your Honour. I'll just confirm that first of all, you're asking for a revised form 17. In addition, you're asking for a cost comparison between what the employees would have earned had they been under the award in November against what they would have earned if they had been under the enterprise agreement in November?

PN31

THE SENIOR DEPUTY PRESIDENT: That's it. All right. When I get those documents and if I'm satisfied with them then I'll be able to approve the agreement.

PN32

MS KRAEMER: Thank you, your Honour.

PN33

THE SENIOR DEPUTY PRESIDENT: I'll adjourn this matter on that basis.

<ADJOURNED INDEFINITELY [9.52AM]