[2009] AIRCFB 993 [2009] AIRCFB 993 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION DECISION Workplace Relations Act 1996 s.576H —Commission may vary modern awards Master Builders Australia Ltd (AM2009/123) JOINERY AND BUILDING TRADES AWARD 2010 [MA000029] JUSTICE GIUDICE, PRESIDENT VICE PRESIDENT WATSON SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT HARRISON SENIOR DEPUTY PRESIDENT ACTON COMMISSIONER SMITH MELBOURNE, 24 DECEMBER 2009 [1] This decision concerns an application by Master Builders Australia Ltd (MBA) to vary the Joinery and Building Trades Award 2010 1 with respect to reimbursement of apprentice fees, first aid allowances and superannuation. [2] In its application, MBA proposed three variations to the award: 1. Amend cl.13.12 – apprentices – to add “in respect of their apprentice training”, so that cl.13.12 would read: “Apprentices attending technical colleges, schools, registered training organisations or TAFE institutions and presenting reports of satisfactory progress must be reimbursed all fees paid by them in respect of their apprentice training.” 2. Amend cl.32.2(b) - payment for period of annual leave - to delete the reference to “first-aid allowances” in the fourth line and to add the word “applicable” before “allowances” in the third line, so that cl.32.2(b) would read: “Subject to clause 32.2(c), the wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of annual leave, including applicable allowances, loadings and penalties paid for all purposes of the award and any other wages payable under the employee’s contract of employment including any overaward payment. “ 3. Amend cl.27.4 – superannuation - to include BUSS(Q) as a default fund. [3] The variation concerning reimbursement of apprentice fees was directed to ensuring that fee reimbursement is limited to fees in respect of apprentice training. It was not opposed by the Construction, Forestry, Mining and Energy Union (CFMEU). This was the intended effect of the provision. The variation proposed makes that intention clear. The award will be varied as sought. [4] With respect to payment for annual leave, cl.32.2(b) is intended to reflect the entitlement in cl.30.7 of the National Joinery and Building Trades Products Award 2002 2 to payment of “the wages which would ordinarily accrue to the employee during the currency of the leave.” The CFMEU opposed the variation. It submitted that the first aid allowance is a weekly allowance which should be included as part of the ordinary rate for annual leave purposes. [5] We think the provision could be clearer. We will vary cl.32.2(b) to add the word “applicable” before “allowances”. Rather than remove “first aid allowance”, we will add the words “if applicable” immediately after them. The amended clause will read: “Subject to clause 32.2(c), the wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of annual leave, including applicable allowances, loadings and penalties paid for all purposes of the award, first aid allowance, if applicable, and any other wages payable under the employee’s contract of employment including any overaward payment.” [6] Finally, we will add BUSS(Q) to the list of default funds in cl.27.4. It is named in the Queensland Building Products, Manufacture and Minor Maintenance Award - State 2003 3 and the application was not opposed by the CFMEU. BY THE COMMISSION: PRESIDENT 1 MA000029. 2 AP817265. 3 AN140045. Printed by authority of the Commonwealth Government Printer <Price code A, PR992197>