Fair Work Commission Assignment Sample

Title/AE no.

Industry

Industry segment

(product market competition)

Duration

(years)

Union-negotiated? Which one?

Enterprise Agreement 1

Shrek the musical casual crew collective agreement 2019-2020

(AG2019/4813)

AE506675

Amusement, events and recreation industry

Live performance/ theatre

Casual crew collective agreement

1 year

(2019-2020)

Media, Entertainment and Arts Alliance (MEAA)

Enterprise Agreement 2

Qantas Airways Ltd T/A Qantas Airways Ltd (AG2020/276)

AE507126

Airline Operations

Pilots (short haul)

EA

3.5 years

(2020-2023)

Australian and International Pilots Association

Enterprise Agreement 3

Officeworks Limited (AG2019/2571)

AE505609

Retail Industry

Store operations agreement

4 years

(2019-2023)

Australian Workers’ Union (AWU)

Retail and Fast Food Workers Union (RAFFWU)

Shop Distributive and Allied Employees’ Association (SDA)

Classification name

Ordinary time wage per week

Ordinary time wage per year

Are there junior rates? Yes/No

EA1.

A.1

Schedule A - Classifications Live-(Performance Employee Level 4)

Production and Support Staff Level 4

Agreement Hourly Casual rate as at 1 July 2018- 30.58

Agreement Hourly Casual rate as at 1 July 2019-31.50

$55,777.92

$57,456

 No

EA2.

Pilots in senior management positions

Air Pilots Award 2010 and

the Qantas/Australian Airlines Pilots Integration Award 1994 (“the Integration Award”)

First year: $207,677.57

 No

EA3.

10.3 classification structure

-Team member level 2

Weekly Wage Rate Equivalent (Hourly) (Base Rate of Pay x 38 hours)

=$890.72

(Team Member: Level 2)

$46,317.44

 Yes

Ordinary time wage per week

Modern Award ordinary time wage per week

Gap in $

EA1.

$1197

$862.50

$334.5

EA2.

$3993.80

 $860.60 (over 3000 hours experience)

$3,133.2

EA3.

$890.72

$833.00 (level 2 employee)

$57.72 +

Ordinary time wage per week

Industry average wage (ABS 6302.0)

Gap in $

EA1.

$1197

(Under arts and recreation services)

$1,525.20.

(6302.0 - Average Weekly Earnings, Australia, Nov 2019, 2020)

$328

EA2.

$3993.80

(Under Transport, Postal and Warehousing)

$1,649.90.

(6302.0 - Average Weekly Earnings, Australia, Nov 2019, 2020)

 $2,343.90

Most generous, relative to the average wage in the industry.

EA3.

$890.72

(Under retail trade)

$1,249.30.

(6302.0 - Average Weekly Earnings, Australia, Nov 2019, 2020)

$358.58

Total wages rises for the life of the agreement (%)

Calculate the average annual per cent wage growth for the life of the agreement:

EA1.

From 1 July 2020 - by dividing the Award weekly rate (as at 1 July 2020) by 38 and adding a casual loading of 25% and increasing the hourly rate by 11%.

25% (casual loading) + 11% (hourly rate) p/a

= 36% increase for the life of agreement

EA2.

From 1 September 2018 full pay period till 1 September 2019 full pay period the increase will be 0.03(3%)x the hourly rate + the credited hours accrued by the pilot under EBA7 for the period commencing on 1 September 2019.

2nd year- 0.03 increase will be compounded to 0.0609 (6.09%).

109% increase

EA3.

Year 1- 2%

Year 2-2%

Year 3-3%

Year 4-3%

250% increase

Weekly working hours

Span across times on which employees can work without penalty rates

Anything distinctive about hours of work?

EA1.

21.1 (The ordinary hours of work of casual employees will be a minimum of four consecutive hours per day. Ordinary hours may be worked on any of the days Monday through to and including Sunday between the hours of 7.00 am and 12 midnight)

8 hours per day between 7am to 12 am

Casual employees must work for a minimum of 4 consecutive hours per day.

EA2.

15.13.1 -The ordinary full time hours for the performance of the ground duties is thirty eight (38) hours per week.

Flight time duties for a pilot must not exceed;

• 100 hours within a 28 consecutive day period; OR

• 1,000 hours within a 365 consecutive day period.

Pilot’s work less in a week when flying than when responsible for ground duties.

EA3.

Normal trade hours:

Monday to Saturday

7:00 am - 11:00 pm

Sunday

9:00 am - 11:00 pm

From 7:00 am to 6:00 pm is base rate, between Monday to Friday.

Work a maximum of 5.4 hours a day if working 7 days a week (maximum 38 hours a week).

Labour-intensive, capital intensive or knowledge intensive?

Focused on ‘short run responsiveness’ (flexibility) or ‘long-term agility’ (human capital advantage)?

EA1.

Labour intensive

EA2.

Knowledge intensive

EA3.

Capital Intensive

EA 1.

EA 2.

EA 3.

Clause no./name

18.3 Transmission or recording allowance

a) Where a performance is to be recorded or transmitted by any means, including but not limited to radio or television transmission or film, video or audio recording, and whether transmitted live or recorded for later transmission, exhibition, distribution or sale, all production casual employees who perform work on that performance will receive an allowance in addition to the rate they would otherwise be entitled to for that performance

 39- Annual leave

39.1 Entitlement

A pilot will accrue forty-two (42) days' annual leave (inclusive of Saturdays, Sundays and Public Holidays) for each twelve (12) months’ continuous service (excluding any periods of unapproved absences).

29.1 Annual leave entitlements

29.1.1 Except as otherwise provided for in this agreement, annual leave is provided for in the NES.

Clause no./name

28.5-Store is not open for trade on a public holiday

28.5.1-Where a store does not open for trade on a public holiday, and a Team Member would have been rostered to work on such a day, they will be entitled to payment for the day based upon their ordinary time earnings (including penalties as appropriate) for the hours normally rostered to work.

EA 1.

EA 2.

EA 3.

Clause no./name

13.1 Consultation about major workplace change

13.1.1 If the Employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on casual employees, the Employer must:

39.3 “Golden Leave” days pre-allocated
Each pilot may request the Company to pre-allocate up to two (2) “golden” leave days each year for each pilot. Golden leave may be taken as two (2) days, or as two (2) separate single days, subject to the following:

29.5 Cashing Out of Annual Leave

29.5.1 Whilst Officeworks believes that team members should take their annual leave for reasonable rest and recreation, a Team Member who has accrued annual leave entitlement in excess of 4 weeks, may in writing request to 'cash out' a period of paid annual leave

EA 1.

EA 2.

EA 3.

Clause no./name

 27.1 (The Employer agrees to advise and provide casual employees with a copy of the "Entertainment Industry Safety Guidelines" prior to the commencement of an engagement)

 56-Uniforms

56.2- The Company will replace a pilot’s uniform from time to time as appropriate as a result of fair wear and tear in relation to duty but the pilot will bear the cost of replacing an item of uniform if that becomes necessary due to the pilot’s negligence.

 42- Workplace safety

42.1.1 The company and its Team Members are committed to achieving and maintaining healthy and safe working conditions in all the company workplaces by abiding by all relevant occupational health and safety legislation.

Clause no./name

 27.2 (The Employer can access copies of the Entertainment Industry Safety Guidelines from the MEAA or LPA websites)

53.2 -Licence renewal, training flying and flight simulator training

53.2.1 -A pilot undergoing licence renewal or training flying or simulator training is entitled to see a copy of the instructor's or check pilot’s report on the licence renewal or training and will acknowledge this by signing it or electronically acknowledging the report.

43- Protective clothing

43.1 (Officeworks will provide windbreaker jackets for team members who work in the receiving area of the site where the weather necessitates)

Clarity/’User friendly’

Interests of employees

Best principles of HRM

Best

 EA2

 EA3

 EA3

Middle

 EA3

 EA2

 EA2

Worse

 EA1

 EA1

 EA1