WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE BREWERIES AND BOTTLEYARDS EMPLOYEES' INDUSTRIAL UNION OF WORKERS OF WESTERN AUSTRALIA APPLICANT -v- KIRIN AUSTRALIA PTY LTD RESPONDENT CORAM COMMISSIONER S WOOD DELIVERED FRIDAY, 20 APRIL 2001 FILE NO/S C 64 OF 2000 CITATION NO. 2001 WAIRC 02612 Result Consent Agreement Representation Applicant Mr R Murphy Respondent Mr S Heathcote Order HAVING heard Mr R Murphy on behalf of the Breweries and Bottleyards Employees’ Industrial Union of Workers of Western Australia and Mr S Heathcote on behalf of Kirin Australia Pty Ltd, the Commission, pursuant to the powers conferred on it under section 44(8) of the Industrial Relations Act, 1979, and by consent, hereby orders: THAT the agreement made between the parties as per Schedule A entitled the Kirin Australia (Fitters’) Enterprise Agreement 2000 be given effect from the date hereof. (Sgd.) S WOOD, [L.S.] Commissioner. 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1467 SCHEDULE A KIRIN AUSTRALIA (FITTERS') ENTERPRISE AGREEMENT 2000 BETWEEN: THE BREWERIES AND BOTTLEYARDS EMPLOYEES' INDUSTRIAL UNION OF WORKERS OF WESTERN AUSTRALIA APPLICANT AND KIRIN AUSTRALIA PTY LTD RESPONDENT 1. TITLE This Agreement shall be known as the “Kirin Australia (Fitters') Enterprise Agreement 2000” (“the Agreement”). 2. AREA AND SCOPE 2.1 The Agreement shall apply to Kirin Australia Pty Ltd (“Kirin”) in respect of its maintenance employees engaged in the State of Western Australia and to those maintenance employees so engaged. 2.2 Subject to subclause 2.3 the Agreement replaces and supersedes all prior agreements and arrangements between the parties. 2.3 The conditions of the Agreement are to be read in conjunction with the conditions of the Malting Industry Award. The conditions within the Agreement have priority over the conditions within the Award. Where the Agreement is silent the conditions within the Award are adopted and apply to all persons covered by the Agreement. 3. PARTIES BOUND The following parties are bound by the Agreement: • Kirin Australia Pty Ltd of 47 McDowell Street, Welshpool; and • The Breweries and Bottleyards Employees’ Industrial Union of Workers of Western Australia ("the Union") of Unit 11, 64 Bannister Road, Canning Vale. 4. ARRANGEMENT 1 Title 2 Area and scope 3 Parties bound 4 Arrangement 5 Date and period of operation 6 Definitions and Interpretation 7 Call-out 8 Lunch intervals 9 Annual leave 10 Working hours 11 Overtime 12 Public holidays 13 Protective clothing 14 Salary 15 Superannuation 16 Long service leave bonus 17 Dispute settlement procedure 5. DATE AND PERIOD OF OPERATION 5.1 The Agreement shall have effect from 20 April 2001 and remain in force until 11 August 2001. 5.2 The parties agree there will be no extra claims during the life of the Agreement unless consistent with the Agreement and applicable State Wage Decisions and principles. 5.3 The parties will meet to review the Agreement at least 90 days prior to its expiry and to discuss the possibility of making an industrial or workplace agreement. 6. DEFINITIONS AND INTERPRETATION 6.1 “Call-out” means a request from Kirin for an employee to attend for work to deal with a serious operational situation. 6.2 A reference to an employee's hourly rate means the amount of the annual salary applicable to an employee’s classification of work divided by 1952.14. 6.3 “Month” means a calendar month. 6.4 “Ordinary Time Earnings” has the same meaning as that expression has in the Superannuation Guarantee Administration Act 1992 (Cth). 6.5 "Shutdown" means the period of up to 5 weeks commencing from the last wetting and ending on the first kilning, to facilitate the performance of plant maintenance activities. 6.6 “Week” means seven consecutive calendar days. 7. CALL-OUT 7.1 An employee who attends for work in response to a Call-out shall be paid $50.00 plus applicable overtime for all time worked in responding to the Call-out. 1468 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 84 W.A.I.G. 7.2 There is no minimum number of Call-out hours for which overtime must be paid. 7.3 Travelling time required to respond to a Call-out is not time worked. 8. LUNCH INTERVALS 8.1 Subject to clause 8.2, a lunch interval of 30 minutes duration shall be taken at a time agreed between the parties between 11.00am and 2.00pm. 8.2 Employees who are required to commence duties earlier than 7.00am shall commence their lunch interval not later than 12.00 noon. 8.3 Lunch intervals shall be counted as time worked. 8.4 Employees may be required to attend to machinery breakdown, alarms or other serious operational situations that arise during their lunch interval. 9. ANNUAL LEAVE 9.1 Kirin will grant an employee who has completed 12 months’ service, 144 hours (equivalent to 2 fortnights) annual leave per annum. 9.2 Kirin will consult with its employees and the Union to work out acceptable annual leave rostering. 10. WORKING HOURS 10.1 The ordinary hours of work consist of: (a) 72 hours in each fortnight; and (b) up to 75 hours during shutdown. 10.2 The ordinary hours referred to in subclause 10.1(a) may only be worked on Monday to Friday inclusive and subject to the following limitations: (a) an employee may not be rostered for more than 9 days in a fortnightly cycle; (b) an employee may not be rostered for less than 6 hours or more than 12 hours on any day; (c) ordinary hours must be worked between 6.00am and 6.00pm. 10.3 The ordinary hours referred to in subclause 10.1(b) may be worked at any time except on public holidays. 10.4 Kirin will create a fortnightly roster setting out starting and finishing times for each employee. Once the roster is posted it may only be changed by: (a) Kirin giving 7 days notice; (b) by agreement between Kirin and the employees affected; or (c) Kirin in an emergency with 24 hours notice. 11. OVERTIME 11.1 All work performed outside the rostered hours of duty, or outside the limitations on ordinary hours set out in clause 10, or both, is overtime. 11.2 Subject to clause 11.3, overtime shall be paid for at the rate of time and a half for the first two hours and double time thereafter. 11.3 Overtime worked on a Saturday, Sunday or Public Holiday shall be paid for at the rate of double time. 12. PUBLIC HOLIDAYS (1) The following days shall be observed as holidays without deduction of pay: New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, State Foundation Day, Sovereign’s Birthday, Christmas Day and Boxing Day. (2) Where work is performed on any of the above holidays, payment in addition to the day's pay shall be at double time with a four hour minimum. (3) If a leisure day falls on a public holiday as defined in this award and no work is performed, the employee shall be paid for such public holiday at ordinary pay. In such a case the employer shall allow the employee another leisure day to be substituted for the leisure day which fell on the public holiday but no payment shall be made for that substituted day unless worked. Such substituted leisure day shall be observed during the ordinary fortnight during which the said public holiday was observed, or the subsequent or preceding fortnight. 13. PROTECTIVE CLOTHING 13.1 An employee who has completed an initial 3 month’s service to Kirin’s satisfaction will be supplied with the following items of protective clothing at Kirin's cost: (a) five shirts; (b) three trouser or shorts sets; (c) two tee shirts or singlets; (d) two pullovers; (e) one jacket; (f) one pair of overalls; and (g) two pairs of socks. 13.2 All clothing apart from socks will be embroidered with Kirin's name. 13.3 The items of protective clothing referred to in clause 13.1 will be replaced after reasonable wear and tear except socks which will be replaced at two pairs per year. 13.4 All clothing and footwear will be at a quality and cost as decided by Kirin management. 13.5 Wet weather protective clothing will be provided to employees working in wet weather conditions. Such protective clothing is to remain Kirin's property. 13.6 The employee must launder all issued clothing at his or her own cost, except for clothing provided under clause 13.5. 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1469 14. SALARY 14.1 Kirin will pay each employee an annual salary of $43,600.00 (forty three thousand six hundred dollars). This salary includes payment for: (a) all ordinary hours of work; (b) all allowances, bonuses and loadings; but does not include: (a) the once-off Long Service Leave bonus set out in clause 16; (b) overtime payments; and (c) superannuation contributions required by law. 14.2 The salary will be paid in equal fortnightly instalments. 14.3 The salary set out in clause 14.1 will be applied from 11 August 2000 or the employee’s commencement date, whichever is the later. 14.4 The salary set out in clause 14.1 will be considered during the review of the terms and conditions of, and negotiations for, a successor to the Agreement. Factors to be considered during the review will include but not be limited to: (a) movements in the Perth Consumer Price Index published by the Australian Bureau of Statistics; (b) Kirin’s profitability; and (c) the nexus between conditions of employment at Kirin and the general community. 15. SUPERANNUATION Kirin will pay superannuation contributions based on each employee’s Ordinary Time Earnings in accordance with the minimum requirements of the Superannuation Guarantee Administration Act 1992 (Cth). 16 LONG SERVICE LEAVE BONUS Each employee who was employed prior to the commencement of the Agreement will receive a one off payment of $300.00. 17. DISPUTE SETTLEMENT PROCEDURE 17.1 In the event of a dispute or grievance arising, the following steps will be taken: (a) The employee will discuss the matter with the appropriate supervisor and endeavour to resolve the issue. (b) If the matter remains unresolved the employee will discuss it with the Plant Manager and the Supervisor and endeavour to resolve the issue. (c) If the matter remains unresolved the employee will discuss it with a member of Kirin’s executive staff who shall endeavour to resolve the issue. (d) If the matter remains unresolved either party may formally declare the existence of a dispute and shall notify the other party in writing of the details of the dispute. (e) If the matter remains unresolved either party may put it to the Commission for conciliation and/or arbitration. 17.2 Either party may be represented in any discussions by their choice of representative. Each party will bear its own representation costs. 17.3 A party who is required to participate in discussions in accordance with clauses 17.1(b) and/or (c) must be given reasonable notice of the requirement to hold discussions. 17.4 Discussions to be conducted in accordance with clauses 17.1(b) and/or (c) will occur without unnecessary delay. 17.5 Kirin or the employee or employees may delay the commencement of discussions for up to 24 hours if their representative is unavailable to participate in those discussions. The unavailability of a representative will not delay the conduct of discussions for more than 24 hours. 17.6 For the purposes of this clause 17, written notification may be by letter, telex, telegram or facsimile transmission. 2004 WAIRC 11491 TERMINATION OF EMPLOYMENT