AG 183 of 1999. HAVING heard Mr R Joyce on behalf of the v Mr G Struman on behalf of the
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APPLICANT: AG 183 of 1999. HAVING heard Mr R Joyce on behalf of the
RESPONDENT: Mr G Struman on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. West Australian Newspapers Limited and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers Western Australian Branch & Others. No. AG 183 of 1999. COMMISSIONER J F GREGOR. 23 December 1999. Order. REGISTRATION OF AN INDUSTRIAL AGREEMENT WEST AUSTRALIAN NEWSPAPERS (CHRISTMAS AGREEMENT) 1999 AG 183 of 1999. HAVING heard Mr R Joyce on behalf of the applicant and Mr G Struman 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 parties lodged in the Commission on 21 December 1999, entitled West Australian Newspapers (Christmas Agreement) 1999 be registered in terms of the following schedule as an Industrial Agreement. (Sgd.) J.F. GREGOR, [L.S.] Commissioner. Schedule 1 Industrial Relations Act 1979 West Australian Industrial Relations Commission ENTERPRISE BARGAINING AGREEMENT between West Australian Newspapers Limited, The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia—Engineering & Electrical Division—WA Branch, The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—West Australian Branch, and The Western Australian Builders’ Labourers, Painters & Plasterers Union of Workers. No. AG 183 of 1999. WEST AUSTRALIAN NEWSPAPERS (CHRISTMAS AGREEMENT) 1999 1.—TITLE This Agreement shall be referred to as the West Australian Newspapers (Christmas Agreement) 1999. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Application of Agreement 4. Parties Bound 5. Date and Operation 6. Number of Employees Bound 7. Single Bargaining Unit 8. Avoidance of Industrial Disputes 9. Relationship to Parent Awards 10. Christmas Day 1999 11. Without Precedent 3.—APPLICATION OF AGREEMENT This Agreement shall apply at the establishments of West Australian Newspapers Limited in respect of all employees who are engaged in any of the occupations, industries or callings specified in the Printing (Newspaper) Award 1979, or the Electrical, Engineering and Building Trades (West Australian Newspapers) Award 1988. 4.—PARTIES BOUND — West Australian Newspapers Limited 50 Hasler Road OSBORNE PARK WA 6017 — Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch 1111 Hay Street WEST PERTH WA 6001 — Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia—Engineering & Electrical Division—WA Branch 401-403 Oxford Street MT. HAWTHORN WA 6016 — Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia— West Australian Branch 102 Beaufort Street PERTH WA 6000 — Western Australian Builders’ Labourers, Painters & Plasterers Union of Workers 27 Moore Street EAST PERTH WA 6004 5.—DATE AND OPERATION This Agreement shall operate from the first pay period com- mencing on or after 1 December 1999 and shall continue in operation until the 1 January 2000. This Agreement shall not be cancelled or varied unless agreed to by the parties. 6.—NUMBER OF EMPLOYEES BOUND Approximately 360 employees are bound by this Agreement. 7.—SINGLE BARGAINING UNIT A single bargaining unit has been created in accordance with the State Wage Case Principles. This unit, on behalf of their members, negotiated this Agreement with the Company. 8.—AVOIDANCE OF INDUSTRIAL DISPUTES The parties to this Agreement are committed to observing the relevant Award’s dispute settlement procedures in respect to any questions, difficulties or disputes arising under this Agreement. 9.—RELATIONSHIP TO PARENT AWARDS This Agreement shall be read and interpreted wholly in con- junction with the Printing (Newspaper) Award, and the Electrical Engineering and Building Trades (West Australian Newspapers) Award, whichever is the relevant award. Where there is any inconsistency between this Agreement and the said parent award(s), this Agreement shall prevail to the ex- tent of any inconsistency. 10.—CHRISTMAS DAY 1999 In lieu of the provisions of clause 17 of the Printing (News- paper) Award 1979, as it relates to Christmas Day, and clause 13 of the Electrical, Engineering and Building Trades (WAN) Award 1988, as it relates to Christmas Day, the following shall apply— 1 That the one day at Christmas, to be declared as a public holiday, shall be Friday, 24 December 1999. This means that no employee will be rostered to work a shift commencing on Friday, 24 December 1999. 2 If an employee is required to work a shift that com- mences on Friday, 24 December 1999 they shall be paid for the full shift, irrespective of hours worked, at the rate of double time in addition to payment for the public holiday. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 156 This means that an employee that commences a shift at midnight on Thursday, 23 December and completes their shift on Friday, 24 December will not be eligi- ble to be paid for the full shift, irrespective of hours worked, at the rate of double time in addition to pay- ment for the public holiday. 3 The provisions of subclause (1)(b) of clause 17 of the Printing (Newspaper) award 1979 and subclause (1)(b) of clause 13 of the Electrical, Engineering and Building Trades (WAN) Award 1988, shall not ap- ply to any special gazetted public holiday gazetted in lieu of Christmas Day 1999 and Boxing Day 1999 on Monday, 27 December 1999 and Tuesday, 28 De- cember 1999 respectively. 11.—WITHOUT PRECEDENT It is a term of this Agreement that this Agreement shall not be used by any party thereto to set a precedent in any way whatsoever. R Joyce 13/12/99 On behalf of West Australian Newspapers Limited date R Knox 13/12/99 On behalf of Automotive, Food, Metals and date Engineering, Printing and Kindred Industries Union (West Australian Region) W. Game 13/12/99 On behalf of Communications, Electrical, date Electronic, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia, Engineering & Electrical Division (West Australian Branch) J. Harrison 13/12/99 On behalf of Construction, Mining, Energy, date Timberyards, Sawmills and Woodworkers Union J. Harrison 13/12/99 On behalf of Western Australian Builders’ date Labourers, Painters & Plasterers Union of Workers AG 183/99 Appendix “A” The parties to this Agreement have agreed to create this ex- emption. This exemption has been created to meet the request from a group of employees—the “Saturday Crew”, who would prefer to work on Friday, 24 December rather than Saturday, 25 December. The crew has acknowledged that under the Agreement they would not have been required to work on Friday, 24 December. However, they would prefer to work Friday, 24 December and then have Saturday, 25 December off. Further, they have agreed to work on Friday, 24 December at ordinary time rates—plus the weekend penalty rate. The Company, the crew and their respective unions have agreed that this crew, comprising approximately 19 employ- ees—9 press room employees, 6 engineers, 3 electricians and 1 cleaner, will work on Friday, 24 December at ordinary time rates—plus the weekend penalty rate. This means that the pro- visions of The West Australian Newspapers (Christmas Agreement) 1999—AG 183/99, will not apply to these employees. WORKSAFE WESTERN AUSTRALIA ENTERPRISE AGREEMENT 1999. No. PSAAG 45 of 1999.