DETERMINATION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/92)

TIMBER INDUSTRY AWARD 2010
[MA000071]


Timber and paper products industry
SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT O’CALLAGHAN COMMISSIONER CRIBB	MELBOURNE, 18 JUNE 2015

4 yearly review of modern awards – substantive issues – coverage in relation to potential overlap between Timber and Building awards – refused; penalty for late payment of wages by EFT – refused; ordinary hours – clause 27 – varied in part; charred timber allowance re application of allowance – current term expresses allowance to be daily allowance – refused; leading hand allowance – insertion of “per week” adds clarity to operation of allowance as a weekly allowance; NES provides same effect as clause 36.4 – clause deleted; plywood scarfing machinist – current term uncertain and difficult to apply – clause varied; pulp and paper stream Level 6 – change would alter substance of term – refused; definitions in clause 3.1 – award varied by removing formatting and superfluous definitions and applying consistency in definitions in award.

A. Further to the decision of 18 June 2015, 1 it is determined pursuant to s.156(2)(b)(i) of the Fair Work Act 2009, that the Timber Industry Award 2010 be varied as follows:

1. By removing the bold formatting from the words “(Timber tradesperson—Level 5 or above)” in the definition of “examiner” appearing in clause 3.1.

2. By deleting the words “—first class” in the definition of “glazier—first class” appearing in clause 3.1.

3. By deleting the definition of “greaser or oiler—first class” appearing in clause 3.1.

4. By removing the bold formatting from the words (Timber tradesperson—Level 6 or above) in the definition of “inspector” appearing in clause 3.1.

5. By removing the bold formatting from the words “(Timber tradesperson—Level 5)” in the definition of “machinist A grade” appearing in clause 3.1.

6. By deleting the words “millwright—mechanical tradesperson—special class” appearing in clause 3.1 and inserting “timber tradesperson millwright—special class”, in alphabetical order.

7. By deleting the definition of “mixed industry” appearing in clause 3.1.

8. By deleting the words “saw bench” in the definition of “sawbenches classifications:” appearing in clause 3.1 and inserting “sawbench”.

9. By deleting clause 21.4 and inserting the following:

21.4 Leading hands

In addition to the rates prescribed in clause 17—Minimum wages, a leading hand supervising two to six employees will be paid 3.3% of the standard rate and for more than six employees 5.1% of the standard rate, per week in addition to their ordinary rate of pay.

10. By deleting clause 27.2(a) and inserting the following:

(a) Ordinary hours of work shall be an average of 38 per week and will be worked between the hours of 6.30 am and 6.00 pm Monday to Friday in one of the following manners:

(i) 38 hours within a work cycle of one week;

(ii) 76 hours within a work cycle of two weeks;

(iii) 114 hours within a work cycle of three weeks; or

(iv) 152 hours within a work cycle of four weeks.

11. By deleting clause 36.4—Day off in lieu of holiday falling on a Saturday or Sunday.

12. By renumbering clauses 36.5 and 36.6 as 36.4 and 36.5.

13. By deleting the words “saw benches” appearing in clause B.3.1(b)(ii) and inserting “sawbenches”.

14. By deleting the following dot point appearing in clause B.3.1(b)(iii):

● plywood scarfing machinist where the machinist has not been required to grind the knives and cutters, but is at any time required to grind the knives and cutters, but is at any time required to set up the machine and then only from such time as the employee is required so to act;

and inserting the following:

● plywood scarfing machinist where the machinist has not been required to grind the knives and cutters, but is at any time required to set up the machine and then only from such time as the employee is required so to act;

15. By deleting the words “saw benches” appearing in clause B.3.1(b)(iv) and inserting “sawbenches”.

16. By deleting the words “saw benches” appearing in clause B.3.1(b)(v) and inserting “sawbenches”.

17. By updating cross-references accordingly.

B. This determination comes into operation on the first full pay period commencing on and from 18 June 2015.

SENIOR DEPUTY PRESIDENT

1 [2015] FWCFB 2856.

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