WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers & Other and Sanwell Pty Ltd. AG 82 of 2000. Sanwell/BLPPU and the CMETU Collective Agreement 2000. COMMISSIONER S J KENNER. 27 April 2000. Order. HAVING heard Ms L Dowden on behalf of the applicant and there being no appearance 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 Sanwell/BLPPU and the CMETU Collec- tive Agreement 2000 filed in the Commission on 10 March 2000 in the terms of the following schedule be and is hereby registered as an industrial agreement. (Sgd.) S. J. KENNER, [L.S.] Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 1906 1.—TITLE This agreement shall be known as the Sanwell/BLPPU and the CMETU Collective Agreement 2000. 2.—ARRANGEMENT CLAUSE NO. Title 1 Arrangement 2 Parties and Persons Bound 3 Application 4 Relationship to Parent Award 5 Period of Operation 6 Classification Structures & Rates of Pay 7 Industry Standards 8 Negotiation of a Subsequent Agreement 9 Application of Project Agreements 10 Seniority 11 Pyramid Sub-Contracting 12 Dispute Settlement Procedure 13 Safety Dispute Resolution 14 Training and Related Matters 15 Clothing & Safety Footwear 16 Income Protection 17 Signatories to the Agreement 18 Appendix A – Site Allowance 3.—PARTIES AND PERSONS BOUND This agreement shall be binding on Sanwell Pty Ltd (here- inafter referred to as “the company”), the Western Australian Builders’ Labourers, Painters and Plasterers Union of Work- ers and the Construction Mining Energy Timberyards Sawmills and Woodworkers Union of Australia – WA Branch (herein- after referred to as “the unions”) and all employees of the company eligible to be members of the unions. 4.—APPLICATION The Wage Rates contained in this Agreement as seen at Clause 7(2) shall apply to Major Commercial and Industrial Building Construction Projects. “Major” for the purposes of this Agreement shall be defined as projects undertaken by a Main Contractor or Builder who also has an Enterprise Bar- gaining agreement with the Unions and recognises the project as one to which the agreement applies. The Wage Agreement shall not apply to minor construction projects (ie. Other than major as defined above) or to civil construction works in which the company is engaged from time to time. Wage rates paid by the Company on such projects shall be in accordance with the applicable Award or by Agree- ment with its employees. There are approximately 3 employees covered by this agreement. 5.—RELATIONSHIP TO PARENT AWARD 1. This agreement is supplementary to, and shall be read and interpreted wholly in conjunction with, the Building Trades (Construction) Award 1987, Award No. R14 of 1978 (herein- after referred to as “the award”). 2. In the event of any inconsistency between the award and an express provision of this agreement, the terms of this agree- ment shall prevail to the extent of such inconsistency, unless the express provision of the agreement provides otherwise. 6.—PERIOD OF OPERATION This agreement shall come into force from the first pay pe- riod commencing on or after November 1st 1999 and shall remain in force until the 1st of November, 2002. 7.—CLASSIFICATION STRUCTURE & RATES OF PAY 1. All employees working under this agreement shall be paid according to the wage rates set out below. 2. Wage Rates (per hour at ordinary time) Previous 1 November 1 November 1 November EBA Rate 1999 2000 2001 Hourly Hourly Hourly Hourly Rate Rate Rate Rate $ $ $ $ Labourer Group 1 17.15 18.01 18.91 19.86 Labourer Group 2 16.56 17.39 18.26 19.17 Labourer Group 3 16.12 16.93 17.78 18.67 Plaster, Fixer 17.82 18.71 19.65 20.63 Previous 1 November 1 November 1 November EBA Rate 1999 2000 2001 Hourly Hourly Hourly Hourly Rate Rate Rate Rate $ $ $ $ Painter, Glazier 17.42 18.29 19.20 20.16 Signwriter 17.80 18.69 19.62 20.63 Carpenter/Roofer 17.93 18.85 19.79 20.78 Bricklayer 17.75 18.63 19.61 20.59 Refractory Bricklayer 20.38 21.40 22.47 25.59 Stonemason 17.93 18.82 19.76 20.75 Rooftiler 17.62 18.50 19.43 20.40 Marker/Setter Out 18.46 19.38 20.35 21.37 Special Class T 18.69 19.62 20.61 21.64 3. All expense related allowances not specifically mentioned in this agreement will be paid as per the award as varied from time to time. 4. Site allowances relating to particular sites shall be paid in accordance with Appendix A of this Agreement. 8.—INDUSTRY STANDARDS Redundancy In addition to the current payment, the company shall in- crease the contributions on behalf of each employee into the Western Australian Construction Industry Redundancy Fund by the following sums on a weekly basis— Rate on signing $50 Rate as of 1/05/2001 $60 Superannuation (i) The Company will make a payment of $60 per week per employee or the percentage rate that is prescribed under the Superannuation Guarantee Charge, whichever is the greater. The Company will advise all employees subject to the Agree- ment of their right to have payments made to a complying superannuation fund of their choice. The Company is bound by the employee’s election. The aforementioned payment will then be made to that fund. Until each employee nominates the fund of their choice the Company will make payments into the Construction + Build- ing Unions Superannuation Scheme (the “C+BUSS”). In the event that any employee chooses a fund other than the C+BUSS the Company will, within seven days of the employee advising the Company of the fund of their choice, advise the Union in writing of the employee’s decision. In the event that the employee and the Company reach an agreement pursuant to section 49C(2)(d) of the Act to change the complying superannuation fund or scheme the Company will, within seven days of the employee and the Company reaching such an agreement, advise the Union in writing of the agreement. The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by the employee. 9.—NEGOTIATION OF A SUBSEQUENT AGREEMENT The parties agree to commence negotiations for a new col- lective agreement to succeed this agreement at least 3 months before the nominal expiry date. The parties intend to con- clude these negotiations prior to the nominal expiry date. These negotiations shall be conducted on a collective basis between all of the parties with the negotiated outcome being subject to approval of a vote of the employees collectively. 10.—APPLICATION OF PROJECT AGREEMENTS 1. This agreement shall apply to all persons employed in the employer’s business and every part thereof throughout Western Australia until 1st November 2002 except where the company commences work on a project where a site agree- ment to which the union is a party exists that provides for higher rates of pay and conditions. 2. The conditions contained in any such site agreement will take precedence over this agreement for the duration of the project. 11.—SENIORITY 1. The parties agree the continuity of employment is desir- able wherever possible, subject to Sub Clause 2 and 3 below. 2. The Company reserves the right to decide the order of retrenchments should they become necessary. The Company WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1907 80 W.A.I.G. will apply the “first on last off” principle subject to the caveat of “all things being equal”, and it is intended to apply on a Company basis rather than a site by site basis. 3. It is recognised that from time to time instances may arise where the employee’s individual skills may be subject to this caveat. 4. An employee who has been retrenched by the Company shall have absolute preference and priority for re-employment/ re-engagement by the Company. 12.—PYRAMID SUB-CONTRACTING 1. “Pyramid Sub-Contracting” is defined as the practice of a sub-contractor, to whom a sub-contract is originally awarded, sub-letting that contract or part thereof to another sub-con- tractor. 2. Provided that where a sub-contractor does not have the technical capacity to handle a specialist section of the con- tract and intends to engage a specialist sub-contractor to perform that work, that section may be re-let to a specialist sub-contractor. 3. Further provided that when a sub-contract is let for la- bour and material, a labour-only sub-contract may be let by the sub-contractor, but it is unacceptable as a principle for further labour-only sub-contracts to be re-let. 4. A bona fide sub-contractor is generally an employer of labour, save for a machine owner-operator. 5. Where a disagreement arises in relation to the definition or application of the term “Pyramid Sub-Contracting” the parties shall discuss and determine the issue in accordance with the agreement dispute resolution procedure. In any event of a disagreement, the matter shall be negotiated further be- tween the parties or referred to the