• Kentz Australia vs Union: Kentz Wins
Kentz Australia vs Union: Kentz Wins
29 Apr, 2016, 4 Comment

Summary: The Fair Work Commission has ruled that fly-in, fly-out workers should not receive extra pay if demobilised from a job while on a rest and relaxation period.....

The Fair Work Commission has ruled that fly-in, fly-out workers should not receive extra pay if demobilised from a job while on a rest and relaxation period.

The FWC's ruling relates to a dispute between Kentz Australia and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, in regards to termination and R&R provisions of the engineering and construction group's agreement for employees working on the Ichthys LNG project in Darwin.

Melbourne commissioner Michelle Bissett previously ruled in favour of the union on the matter.

Australian Mines and Metals Association legal director Amanda Mansini said resource employers welcomed the FWC confirming on appeal that R&R was akin to weekends and was not a special kind of leave.

"A full bench of the FWC has today upheld the longstanding practice in the resources industry whereby employers can give employees notice of demobilisation that runs concurrently with a period of R&R," Ms Mansini said.

"The erroneous implication of the original decision was that employees should be paid-out of their R&R time if it falls within notice of their demobilisation.

"The resources industry intervened based on widespread and ongoing concerns about the barrage of union claims being made for back pay based on the decision at first instance."

Ms Mansini said any argument that R&R was an entitlement that should be paid out was fundamentally flawed, and failed to take into account the unique work practices of large-scale remote resources projects and long-standing practices when project work wraps up.

"The union line being argued here is like expecting to be paid-out for the weekend when your job finishes on a Friday afternoon," she said.

"That logic wouldn't wash with employees working a standard Monday-Friday job, and thankfully it hasn't washed with the full bench of the FWC."

businessnews.com.au 28/4/2016

  • MyPassion

    29 Apr, 2016

    Bull shit
  • MyPassion

    01 May, 2016

    This decision works both ways. An employee can issue their notice of resignation while on leave and those R
  • MyPassion

    Joel Smith
    03 May, 2016

    The real issue is not being sacked it's that they should tell you before your week is finished to allow you to most importantly take your tools (livelihood) with you. And second have a week to search for more work. The week payed in lieu is not needed to be payed if they give you notice. At Roy hill they sacked heaps of people too. At the end one had no idea who's tools were who's. They lost a lot of guys tools. You can't work without them and if you are unemployed its hard to fork out another 5 grand ish for tools. Moral is companies should just have to tell you that you have been let go before you fly out.
  • MyPassion

    Name Withheld
    17 Mar, 2017

    As Joel replied on the 03 May 2016. The companies today have such bad supervision and management as they are all drinking buddies regardless of whether they can do their jobs or not. I was a supervisor and have had some dreadful experiences with cliques on the jobs. If people did their jobs and could look over the beer glass mentality of buddies and protectionism, which also filters down to inept leading hands and some cretins for electricains I am sure they could get together and have some decency about sacking workers. The main thing is getting your tools. My basics would cost $2500. I think there should be extra pay if sacked without decent notice.
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