WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES BROWNBUILT METALUX INDUSTRIES, APPLICANT v. THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF WORKERS—WESTERN AUSTRALIAN BRANCH, TRANSPORT WORKERS’ UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH, THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION OF WESTERN AUSTRALIA, RESPONDENT CORAM COMMISSIONER J F GREGOR DELIVERED FRIDAY, 9 FEBRUARY 2001 FILE NO/S AG 291 OF 2000 CITATION NO. 2001 WAIRC 02012 ____________________________________________________________________________ Result Register Agreement ____________________________________________________________________________ Order. HAVING heard Mr W. Wild on behalf of the Applicant and Ms S. McGurk and with her Mr G. Ferguson on behalf of the Respondent, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the agreement made between the two parties lodged in the Commission on 21 December 2000 enti- tled Brownbuilt Pty Limited, Osborne Park, WA Agreement 2000 be registered as an Industrial Agreement. (Sgd.) J.F. GREGOR, [L.S.] Commissioner. BROWNBUILT PTY LIMITED OSBORNE PARK, WA AGREEMENT 2000 Schedule. 1.—TITLE This Agreement shall be referred to as the Brownbuilt Pty Limited, Osborne Park, WA Agreement 2000. 2.—ARRANGEMENT Contents TITLE ARRANGEMENT APPLICATION OF AGREEMENT AREA AND SCOPE AND PARTIES BOUND DATE AND PERIOD OF OPERATION RELATIONSHIP TO OTHER AWARDS OBJECTIVE OF THE AGREEMENT WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 81 W.A.I.G. 418 NO EXTRA CLAIMS AVOIDANCE OF INDUSTRIAL DISPUTES NOT TO BE USED AS A PRECEDENT LONG SERVICE LEAVE WAGES JOURNEY COVER BEREAVEMENT LEAVE SIGNATURES OF THE AGREEMENT APPENDIX ‘A’—REDUNDANCY 3.—APPLICATION OF AGREEMENT This Agreement shall apply at Brownbuilt Pty Limited, 25 Guthrie Street, Osborne Park, WA to all employees who are bound by the terms of the Metal Trades (General) Award 1966, Transport Workers (General) Award No. 10 of 1961 and the Shop and Warehouse (Wholesale and Retail Establishments) Award 1977 No R32 of 1976, insofar as those provisions re- late to the parties referred to in Clause 4.—Parties Bound of this Agreement. 4.—AREA AND SCOPE AND PARTIES BOUND 4.1 This Agreement shall apply to employees of Brownbuilt Metalux Industries (“the Company”) who are members or who are eligible to be members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Work- ers’, Western Australian Branch (“AFMEPKIU”), the Transport Workers’ Union of Australia, Industrial Union of Workers’, Western Australian Branch (“TWU”) and the Shop Distributive and Allied Employees’ Association of Western Australia (“SDA”). 4.2 This Agreement applies to approximately 35 employ- ees. 4.3 The parties to this Agreement shall be— • Brownbuilt Metalux Industries, 25 Guthrie Street, OSBORNE PARK, WA, 6017 • The Automotive, Food, Metals, Engineering, Print- ing and Kindred Industries Union of Workers’, Western Australian Branch, 1111 Hay Street, WEST PERTH, WA, 6005 • Transport Workers’ Union of Australia, Industrial Union of Workers’, Western Australian Branch, 3rd Floor, Labour Centre, 82 Beaufort Street, PERTH, WA, 6000 • The Shop, Distributive & Allied Employees Asso- ciation of WA, 2nd Floor, 256 Adelaide Terrace, PERTH, WA, 6000 5.—DATE AND PERIOD OF OPERATION This Agreement shall operate from 20 November 2000 and shall remain in force until 20 November 2001. 6.—RELATIONSHIP TO OTHER AWARDS 6.1 This Agreement shall be read wholly in conjunction with the Metal Trades (General) Award 1966 No. 13 of 1965, the Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 No. R32 of 1976 and the Transport Work- ers’ (General) Award No. 10 of 1961 with respect to those employees bound by those awards. 6.2 Where there is any inconsistency between this Agree- ment and the aforementioned awards this Agreement shall prevail to the extent of such inconsistency. 7.—OBJECTIVE OF THE AGREEMENT The objective of the Agreement is to implement the initia- tives required to achieve gains in productivity as measured by the amount of cost reduction that can be achieved through efficiency, flexibility and quality improvements which will ensure the ongoing viability of Brownbuilt Pty Limited, WA. 8.—NO EXTRA CLAIMS It is a term of this Agreement that the union and employees bound by this Agreement will not pursue any extra claims, award or over award, for the life of this Agreement other than increases that are consistent with Clause 12 of this Agree- ment. 9.—AVOIDANCE OF INDUSTRIAL DISPUTES The procedure for settlement of disputes is detailed in the Metal Trades (General) Award 1966 and all parties agree to abide by its detail and intent. The purpose of this procedure is to provide all parties with a system to discuss and resolve all matters of grievance and dispute. All parties agree to undertake all necessary steps to ensure that all issues receive prompt attention and are resolved preferably internally. An objective of this Agreement is to create an environment of mutual trust and respect between workers and management. 10.—NOT TO BE USED AS A PRECEDENT This Agreement shall not be used in any manner whatso- ever to obtain similar arrangements or benefits in any other plant or enterprise. 11.—LONG SERVICE LEAVE • Long service will accrue at 1.3 weeks per year of service • Long service 13 weeks—10 years • Pro-rata after 8 years • Introduction of long service leave, specified in para- graph (ii) and (iii) will commence at 1 April 1998 • The remaining conditions of long service leave pro- visions set out in volume 66 of the WA Industrial Gazette pays a 1 to 4 will continue to apply 12.—WAGES 12.1 The wage increase will be paid to the schedule below. CURRENT 4% INCREASE $ C13 $ 471.00 489.84 C12 $ 501.97 522.05 C11 $ 530.77 552.00 C10 $ 574.22 597.17 C9 $ 603.37 627.50 C8 $ 632.07 657.35 Warehouse $ 503.54 523.68 Transport (Drivers) $ 514.35 534.92 13.—JOURNEY COVER The company will take out an insurance policy with MMI to cover employees for journey cover for their most direct route to and from work for the duration of this Agreement. 14.—BEREAVEMENT LEAVE 14.1 An employee, other than a casual employee, shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or step-child, grandparents and grand- parents-in-law be entitled, on notice, to leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death shall be furnished by the employee to the satisfaction of the employer. 14.2 Payment in respect of compassionate leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with any shift roster or on long service leave, annual leave, sick leave, workers’ compensation, leave without pay or a public holi- day. 14.3 For the purposes of this clause, the pay of an employee employed on shift work shall be deemed to include any usual shift allowance. SIGNATURES TO THIS AGREEMENT PART A: EMPLOYER’S SIGNATURE & ADDRESS “My Company understands its rights and obligations under this Agreement, has freely entered into it and wishes to have this Agreement registered.” ................................................. Robert William Briggs Date: 6/12/2000 Signature on behalf of BROWNBUILT METALUX Name of person INDUSTRIES Authorised to sign (A.C.N. ) Address: 25 Guthrie Street OSBORNE PARK, WA Telephone Number: (08) 9446 5033 Facsimile Number: (08) 9446 4137 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 419 81 W.A.I.G. PART B: UNIONS SIGNATURES & ADDRESSES For and on behalf of the AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, WESTERN AUSTRALIAN BRANCH ................................................. J Ferguson Date: 20/12/2000 Signature of Authorised Person Name of person COMMON SEAL Authorised to sign ..................................................... 20/12/2000 Witness Signature Date Simone France McGurk Witness Name (Print Name) 37 Wray Ave Fremantle 6160 Witness Address For and on behalf of the SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION OF WESTERN AUSTRALIA ..................................................... Mark Bishop & Joseph Bullock Date: 19/12/2000 Signature of Authorised Person Name of person COMMON SEAL Authorised to sign ..................................................... 19/12/2000 Witness Signature Date Graham Giffard Witness Name (Print Name) 19 Hillsden Rd, Darlington Witness Address For and on behalf of the TRANSPORT WORKERS’ UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS’, WESTERN AUSTRALIAN BRANCH ..................................................... James McGiveron Date: 15/12/ 2000 Signature of Authorised Person Name of person COMMON SEAL Authorised to sign ..................................................... 15/12/2000 Witness Signature Date Alison Owens Witness Name (Print Name) 3rd floor 82 Beaufort Street Perth WA 6000 Witness Address APPENDIX ‘A’ 1. DEFINITIONS “Employees” means any person who is employed full time or permanent part time according to weekly con- tract of employment but excluding any person engaged on a casual or specific task, temporary or fixed term ba- sis to meet seasonal or other unusual circumstances, or any person employed under the conditions of a specific contract of employment other than permanent hire. “Redundancy” means termination of employment by the company of employees— 1.1 brought about directly by the total closure of the plant or section of a plant or the removal of a process or products or other causes resulting from company decisions that no longer require an em- ployee to perform those duties; 1.2 brought about by external causes outside the di- rect control of the company, eg. adverse business conditions; 1.3 but excludes the ordinary and customary turno- ver of labour. “Rate of Pay” means the all purpose ordinary time rate of pay including any leading hand allowance but exclud- ing shift allowance and all other loadings and allowances. “Continuous Service” means continuous with the com- pany as defined in the Metal, Engineering and Associated Industries Award 1998. “Accrued Sick Pay” means the balance of untaken sick pay at the date of termination and includes sick pay, which accrued prior to the date of this Agreement to a maxi- mum of 8 days per year. 2. NOTICE OF INTENTION TO IMPLEMENT REDUN- DANCIES The Company will advise employees and the unions as early as possible of the intention to implement redundancies. The company shall hold discussions with the employees directly affected and their unions as soon as practicable be- fore redundancy occurs. For the purpose of the discussion the company shall pro- vide in writing to the employees concerned and the unions all relevant information about the proposed terminations: including the reasons, the number and categories of employ- ees likely to be affected and the period over which the terminations are likely to occur. 3. NOTICE OF TERMINATION All employees who are to be made redundant will receive four weeks notice or pay in lieu of notice. At the discretion of the employer, such notice will be worked or paid in lieu, or part worked and part paid in lieu. Employees under notice who leave by mutual agreement during the period of notice, will be entitled to all other redundancy payments set out in this Agreement. In addition to the four weeks notice period, employees who are aged 45 years and over, with more than two (2) years per- manent service with the company, will be paid an additional two (2) weeks pay in lieu of an additional 2 weeks notice. 4. SELECTION OF REDUNDANT EMPLOYEES The following factors will be considered when selecting employees for redundancy— • skills required for the ongoing viability of the Osborne Park plant Skill assessment and length of service criteria will be dis- cussed by the parties of this Agreement prior to redundancies occurring. Where a reduction of labour requirements is required the company will consider voluntary redundancy applications in the first instance. 5. REDUNDANCY PAYMENTS Employees who have completed at least one year’s service, as a permanent employee, with the company at the date on which they are made redundant will receive the following— • service related payments amounting to 3.0 weeks pay for each completed year of service up to a maximum of 52 weeks pay • accrued sick pay at current rate of pay based on a maximum of 8 days per year • annual leave loading of 17.5% will be paid on pro- rata annual leave entitlements • pro-rata long service leave will be paid after five (5) years service All employees will be paid all statutory entitlements, and shall be given an itemised statement of monies due to them at least thirty-eight (38) hours before termination. 6. SUPERANNUATION FUND Redundant employees will receive their superannuation ben- efits in accordance with the trust deed and rules. 7. INTERVIEWS Time off during the notice period for the purpose of seeking other employment and attending job interviews, will be by prior arrangement with the company. This will be paid leave. 8. CERTIFICATE OF SERVICE Employees shall be given a Certificate of Service indicating that termination was due to redundancy. The Certificate of Service shall list the employee’s classifi- cation at the time of termination, as well as credits toward training modules completed toward the next classification. 9. AGREEMENT NOT TO APPLY This Agreement does not apply to any termination of em- ployment by— • Resignation for any reason • Dismissal • Termination of casual workers, and other employ- ees as outlined in Clause 7—Definitions of this Agreement • Retirement • Early retirement due to ill health • Termination due to time limited contract of employ- ment • Death of an employee, except for an employee who has been issued with a notice to terminate by the company and subsequently dies within the prescribed notice period WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 81 W.A.I.G. 420 CATALANO & KURTH/BLPPU AND THE CMETU COLLECTIVE AGREEMENT 2000. No. AG 284 of 2000. 2001 WAIRC 01827