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and Western Construction AG 238 of 1999. Western Construction Co Workshop Enterprise Bargaining Agreement 1999. COMMISSIONER S.J. KENNER. 29 March 2000. Order. HAVING heard Mr D Hicks on behalf of the v Mr B Storer on behalf of the

(2000) 80 WAIG 1608 Single Commissioner (WAIRC) 2000-03-29 File: No. 1679 of 1993
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APPLICANT: and Western Construction AG 238 of 1999. Western Construction Co Workshop Enterprise Bargaining Agreement 1999. COMMISSIONER S.J. KENNER. 29 March 2000. Order. HAVING heard Mr D Hicks on behalf of the
RESPONDENT: Mr B Storer on behalf of the
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Concept tags · 3

[P]Personal/carer's leave [S]Good faith bargaining [S]Wages — payment obligations
Archived text (2242 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch and Western Construction AG 238 of 1999. Western Construction Co Workshop Enterprise Bargaining Agreement 1999. COMMISSIONER S.J. KENNER. 29 March 2000. Order. HAVING heard Mr D Hicks on behalf of the applicant and Mr B Storer 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 Western Construction Co Workshop Enterprise Bargaining Agreement 1999 filed in the Commission on 17 December 1999 be and is hereby registered as an in- dustrial agreement. (Sgd.) S.J. KENNER, [L.S.] Commissioner. 1.—TITLE This Agreement shall be known as the Western Construc- tion Co Workshop Enterprise Bargaining Agreement 1999. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Incidence and Parties Bound 4. Date, Period of Operation, and Review 5. Relationship to Parent Award/Order 6. Re-classification 7. Aims and Objectives 8. Strategy for Achievement of Aims of the Agreement 9. Productivity Improvements 9.1 Sick Leave/Absenteeism 9.2 Rostered Days Off 9.3 Multi-skilling 9.4 Training 9.5 Consumables 9.6 Power Cost Reduction 9.7 Minor Maintenance 9.8 Utilisation of Scrap Material 10. Dispute Resolution Procedure 11. Settlement of Safety Grievances 12. No Extra Claims Commitment 13. Wage Increases 13.1 Wage Rates 14. Allowances 15. Income Protection Insurance 16. Journey Cover Insurance 17. Trade Union Training Leave 18. Signatories 3.—INCIDENCE AND PARTIES BOUND This Agreement shall apply to and be binding upon G & M Construction Pty Ltd trading as Western Construction Co. (WCCo) and its employees working at its Kwinana Work- shop who are, or are eligible to be, members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1608 4.—DATE, PERIOD OF OPERATION, AND REVIEW 4.1 This Agreement shall operate on and from the first pay period to commence on or after 8 December 1999 and con- tinue in operation until 30 June 2001. 4.2 The parties shall review the Agreement within the three (3) months prior to its expiration. 5.—RELATIONSHIP TO THE PARENT AWARD/ORDER 5.1 The provisions of this Agreement shall be read and in- terpreted wholly in conjunction with the Metal Trades (General) Award 1966 and the Metal Trades (Western Con- struction Unit Trust) Order No. 1679 of 1993 as amended. 5.2 Where there is any inconsistency between this Agree- ment and the above-mentioned award/order, this Agreement shall prevail to the extent of any inconsistency. 6.—RE-CLASSIFICATION 6.1 The parties agree to assess the viability of introducing the Metal Trades Award classification structure into this Agree- ment during its period of operation. 6.2 Employees will be aligned to the appropriate classifica- tion based on their designated classification and skills recognised through the National Metal and Engineering Com- petency Standards. 7.—AIMS AND OBJECTIVES 7.1 The aim of this Agreement is to achieve productivity by increasing efficiency and flexibility in all aspects of the work- shop through a more competitive workforce. 7.2 Specific Aims and Objectives are— 7.2.1 To reduce the cost of the final product by eliminat- ing inefficiencies. 7.2.2 To provide a more flexible workshop to retain exist- ing clients and to attract new clients. 7.2.3 To increase the safety profile of Western Construc- tion Co. by further reducing time lost through accidents. 7.2.4 To ensure a high quality of fabricated items to main- tain quality certification to AS/NZS ISO 9002. 8.—STRATEGY FOR ACHIEVMENT OF AIMS OF THE AGREEMENT In order to achieve the aims and objectives set out in Clause 7 of this Agreement, on-going discussions will take place through the Consultative Committee, regarding productivity, work practices, management/employee relations and general proposals for improvement of any aspect of operations. The parties will continue to address issues designated to increase productivity and flexible at the workshop. 9.—PRODUCTIVITY IMPROVEMENTS The following items have been established, with desired targets, to form the base for the entitlement to the wage in- creases prescribed in Clause 13—Wage Increases of this Agreement. 9.1 SICK LEAVE/ABSENTEEISM 9.1.1 All employees will aim to reduce the number of days absent for personal business and sick leave. 9.1.2 The amount of Sick Leave will be monitored and ways to reduce them will be investigated. 9.1.3 All employees will strive to reduce sick and absent days by 25%. 9.2 ROSTERED DAYS OFF 9.2.1 Employees will accrue and shall take one (1) Rostered Day Off (RDO) every 28 days. 9.2.2 The RDO shall be taken at a time mutually agreed between the employee and their Supervisor. Should the RDO request not be suitable to the Supervisor, an alternate day will be agreed within seven (7) days. 9.2.3 RDO’s may accrue to a maximum of six (6) days and a maximum of two (2) days consecutive days may be taken at any time. 9.2.4 RDO’s shall not be paid out in lieu of the time off. 9.2.5 Time accrued towards a RDO will be shown in hours on the employee’s pay slip, as soon as practicable. 9.2.6 Employees transferred to another site will take RDO’s in accordance with site conditions, provided that any days accrued in accordance with this sub-clause may be taken in addition. 9.3 MULTI-SKILLING When required, employees shall carry out all duties within the limits of their skill, competence and training. 9.4 TRAINING 9.4.1 The parties agree that a greater commitment to train- ing and skills development is required, as per clause 35 Training of the Metal Trades (General) Award to— 9.4.2 Meet the current and future skill needs of WCCo, 9.4.3 Increase efficiency, productivity and competitive- ness; and 9.4.4 Provide employees with improved career opportu- nities. 9.4.5 All training undertaken by employees will comply with a training program based on the above princi- ples. 9.5 CONSUMABLES 9.5.1 Employees will reduce the level of consumables used. These will include, but not be restricted to, welding rods and wire, all grinding discs and safety equipment. 9.5.2 The target is to reduce the level of use by 10%. 9.6 POWER COST REDUCTION 9.6.1 Employees will turn off welding machines during smokos, lunch breaks, and other extended periods when machines are not being used. 9.7 MINOR MAINTENANCE 9.7.1 Employees will keep machines under their control free of dust, clean out liners and keep hand pieces and leads in good order. 9.7.2 Employees will check Oxy-acetylene equipment for leaks or damage before and after use. 9.8 UTILISATION OF SCRAP MATERIAL 9.8.1 Employees will undertake to use re-useable mate- rial wherever possible—eg strong backs and bracing instead of new material. 9.8.2 All employees undertake to return equipment to its correct location after use. 10.—DISPUTE RESOLUTION PROCEDURE 10.1 Where a question, dispute, or difficulty occurs the matter shall initially be discussed between the employee concerned and, if that employee so desires the union delegate, and the employee’s immediate Supervisor. 10.2 If the issue is not resolved by Sub-clause (1), the union delegate shall discuss the dispute with Workshop Supervisor, 10.3 Where the matter is still not resolved, it shall be re- ferred to a senior management representative and the appropriate full-time union official who will initiate steps to resolve the issue as soon as possible. 10.4 While the above steps are being followed industrial action shall not be taken. A minimum of seven days is al- lowed for the steps prescribed in Sub-clauses (1), (2), and (3) to solve the matter. 10.5 If after seven days the issue is still unresolved, either party may refer the matter to the Western Australian Indus- trial Relations Commission, provided that parties have taken all reasonable steps to resolve the dispute before referring the matter to the Commission 10.6 Either party will advise the other, as early as possible, of any issue or problem that may give rise to a dispute. All relevant facts shall be clearly identified and recorded through- out. At least seven days shall be allowed for all stages of the discussion to be finalised. 10.7 No bans or limitations will be placed on the perform- ance of work while the dispute procedure is being followed. 11.—SETTLEMENT OF SAFETY GRIEVANCES 11.1 An employee shall raise any problem of a safety nature with the Supervisor, in the first instance, where an employee WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1609 80 W.A.I.G. encounters what they believe to be a safety hazard or is allo- cated work they believe to be unsafe. The employee shall immediately advise the Supervisor and the work process in question shall not be carried out, except under such condi- tions as are agreed between the employee and Supervisor until the matter has been finally determined. 11.2 The Supervisor shall immediately discuss the matter with the employee with a view to resolving the problem with- out delay. 11.3 Should the safety grievance remain unresolved, the Supervisor concerned and the Health and Safety Representa- tive shall meet and inspect the work to ascertain a resolution. 11.4 Should the safety grievance remain unresolved, senior management and the Health and Safety Representative shall meet and inspect the work to ascertain a resolution. 11.5 If the grievance remains unresolved, WCCo shall ad- vise the appropriate statutory authority. 11.6 Employees who have refused to work in, or have been removed from, the immediate area where the possible safety hazard exists, shall be allocated, and shall accept, alternate work in another area. 12.—NO EXTRA CLAIMS COMMITMENT 12.1 Pursuant to the terms of the State Wage Case Decision, there shall be no further claims for the duration of this Agree- ment, except where consistent with a State Wage Case Decision. 12.2 The parties to this Agreement shall be bound by the terms of the Agreement for its duration. 12.3 The parties to this Agreement shall oppose any appli- cation by other parties to be joined to the Agreement. 12.4 The terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enter- prise. 13.—WAGE INCREASES On the basis of the successful operation of this Agreement and a continued commitment from all parties, a flat wage in- crease of 6.3% shall be payable on the current rates prescribed in the Western Construction Enterprise Agreement 1998. The wage increase shall be payable in three instalments on the first pay period to commence on or after the following dates— 2% from 13 December 1999 2% from 20 June 2000 2.3% from 25 December 2000 13.1 WAGE RATES Classification Existing 13/12/99 20/6/00 25/12/00 Welder Special Class 649.88 [17.101] 662.88 [17.44] 675.88 [17.79] 690.82 [18.18] Tradesperson 638.11 [16.79] 650.87 [17.13] 663.63[17.46] 678.31 [17.85] Fabrication Worker 1 632.43 [16.64] 645.08 [16.98] 657.73 [17.31] 672.27 [17.69] Rigger—Certificated 609.23 [16.03] 621.41 [16.35] 633.60 [16.67] 647.61 [17.04] Fabrication Worker 2 609.23 [16.03] 621.41 [16.35] 633.60 [16.67] 647.61 [17.04] Rigger—Other 592.06 [15.58] 603.90 [15.89] 615.74 [16.20] 629.36 [16.56] Fabrication Worker 3 592.06 [15.58] 603.90 [15.89] 615.74 [16.20] 629.36 [16.56] TA/Grinder 558.04 [14.69] 569.20 [14.98] 580.36[15.27] 593.20 [15.61] Crane 0 to < 8 588.70 [15.49] 600.47 [15.80] 612.25 [16.11] 625.79 [16.47] Crane 8 to < 15 602.00 [15.84] 614.04 [16.16] 626.08 [16.48] 639.93 [16.84] Crane 15 to < 40 613.40 [16.14] 625.67 [16.47] 637.94 [16.79] 652.04 [17.16] Crane 40 to < 80 622.30 [16.38] 634.75 [16.70] 647.19 [17.03] 661.50 [17.41] 14.—ALLOWANCES 14.1 Welder Special Class and Tradespersons shall supply their own tools and be paid a Tool Allowance of $10.00 per week [for all purposes]. 14.2 Attendance Allowance—$8.30 per day in accordance with the provisions of the Metal Trades (Western Construc- tion Unit Trust) Order No. 1679 of 1993 as amended. 15.—INCOME PROTECTION INSURANCE 15.1 WCCo. will provide Income Protection Insurance for employees covered by this Agreement up to a maximum of 1% of the payroll applicable to the Workshop. 15.2 Any adjustment required to the policy will be to the plan and not the premium. 15.3 Employees making a claim for a period of absence will be assessed immediately and reviewed as detemiined by the insurance company. 15.4 Employees will undertake rehabilitation, which includes assessment on a regular basis by a medical service nominated by the insurance company. 15.5 Casual employees will not be covered in the first four weeks of employment. 15.6 In the event that a viable insurance policy cannot be maintained for 1% of gross earnings, the policy will be dis- continued and employees will be paid 1% as a wage increase. 16.—JOURNEY COVER INSURANCE Should the Income Protection Policy mentioned in Clause 15 not contain a “Death Cover” benefit then WCCo will pro- vide the “Death Cover” benefit of the Journey Cover Insurance. 17.—TRADE UNION TRAINING LEAVE A duly accredited union delegate shall be entitled to leave to attend Trade Union Training for up to two days per annum (one delegate only per annum) and be paid for ordinary time [without allowances]. This entitlement will not accrue from year to year. 18.—SIGNATORIES The parties whose signatures appear below have agreed to this Agreement— Signed for and on behalf of G & M Construction Pty Ltd [trading as Western Construction Co.) Signed Martin Epis 8/12/99 Signature Full Name (Print) Date Address: 1 Butcher Street Kwinana WA 6167 Telephone: 08 9419 4022 Signed for and on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Work- ers, Western Australian Branch. Signed J Sharp-Collett 9/12/99 Signature Full Name (Print) Date Address: 1111 Hay Street Perth WA 6005 Telephone: 08 9481 1511 PUBLIC SERVICE ARBITRATOR— Awards/Agreements— Variation of— GOVERNMENT OFFICERS SALARIES, ALLOWANCES AND CONDITIONS AWARD 1989. No. PSA A3 of 1989.