MODERN AWARDS – 4 yearly review – ss.134, 138, 156 Fair Work Act 2009 – application to insert electrical licence allowance in the Manufacturing and Associated Industries and Occupations Award 2010 and Electrical Power Industry Award 2010 – awards sought to be varied by CEPU in May 2014 to insert an electrical licence allowance – proposed allowance of approximately $34.80 per week based upon current rates – CEPU identified other modern awards that include an electrical licence allowance and submitted this was a common feature of pre-modern awards applying to electricians who became part of these modern awards – also submitted that allowance generally paid in recognition of level of training and skill possessed and practiced, and for responsibilities associated with holding the licence, including supervising electrical work by non-licence holders – CEPU submitted it was not the industry of the employer that should determine whether or not a licence holder is entitled to allowance, but rather that it should be paid in recognition of responsibilities or skills not taken into account in rates of pay – evidence provided by CEPU relating to ‘value adds’ accruing from holding an electrical licence – submitted that licence requirement an additional requirement to that contemplated by the competency standards and classification requirements – Full Bench satisfied that the possession of an electrical licence issued by the appropriate regulator is taken into account by the minimum training requirement and other requirements of the classification definitions – as such the allowance claimed not for ‘responsibilities or skills that are not taken into account in rates of pay’ – no basis for inclusion of allowance in the Manufacturing Award or Electrical Power Award – not satisfied CEPU established a cogent reason for changing the award position – application refused. Manufacturing and Associated Industries and Occupations Award 2010 and Electrical Power Industry Award 2010
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