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Fair Work Commission 2003-03-28
Source
Deputy President O'callaghan
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Concept tags · 8

[P]Modern award (federal) [P]Award (WA state system) [P]Award interpretation — principles [P]Enterprise agreement approval [P]Enterprise agreement variation [P]Long service leave (WA) [P]Long service leave (portable / federal) [S]Wages — payment obligations
Archived text (558 words)
PR929436 AW819279 PR929436 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 00914 of 1999) FREMANTLE PORT AUTHORITY ADMINISTRATIVE AWARD 2002 (ODN C No. 60555 of 1995) [ PR923976 [AW819279]] Various employees Maritime industry SENIOR DEPUTY PRESIDENT O'CALLAGHAN ADELAIDE, 28 MARCH 2003 Award simplification - wages and classifications. DECISION [1] This Decision concludes a review of the Freemantle Port Authority Interim Administrative Award 1995 , pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (the ` WROLA Act '). [2] On 15 May 2002 I published a decision ( PR917808 ) which included a Draft Order upon which the parties were invited to comment. The key issue considered by the parties related to wages and classifications. With the exception of wages and classifications, the simplification of this Award pursuant to the WROLA Act was finalised prior to my Decision published on 30 October 2002 ( PR923975 ). [3] The parties have, since that time, engaged in a series of discussions to explore the possibility of reaching agreement on a new consolidated Award which would cover each of the four classification groups engaged by the Fremantle Port Authority. These classification groups are: · Administration-Professional staff; · Maritime Employees; · Operations and Services staff; and · Stevedoring staff. [4] A number of these groups are not currently covered by a safety net Award and employment conditions across the organisation vary somewhat. The parties have agreed that such an approach would have the advantage of providing a consistent safety net arrangement for the operation of future Enterprise Agreements. It would also reflect the reality of the multi-skilled work now undertaken by Fremantle Port Authority employees and provide for Award coverage for certain employees who are not currently covered. [5] The key impediments associated with this approach relate to recognising the current differential arrangements with respect to: · Ordinary time hours; · Long Service Leave; and · Classifications - where the intention of the parties is to adopt a structure which is modelled on the Integrated Ports Labour Force system adopted in other comparable Awards. [6] The parties have committed to continuing in their endeavours to address these issues so that an application for a new, consolidated Award can be made. Accordingly the parties have agreed on a classifications and wages structure which will apply whilst they continue to address the overall Award structure. [7] This classification structure consists of three levels. The first level, namely Administrative/Clerical Officer has been agreed as comparable to the C12 Metal and Associated Industries classification. The remaining two classification rates of pay are comparable to Graduate and Professional Officer rates in Awards which have been reviewed in accordance with Item 51(4) of the WROLA Act. [8] Accordingly, I am satisfied that the Order which reflects this Decision establishes properly fixed minimum rates of pay consistent with the requirements of the WROLA Act and decisions of this Commission. [9] This Order [ PR929438 ] will come into effect on 31 March 2003 and will operate for a period of three (3) months. BY THE COMMISSION: SENIOR DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A>