Benchmark WA Industrial Relations Case Database

Representation Mr J Ridley Mr K Apse _____________________________________________________________________________ Order. HAVING heard Mr J Ridley on behalf of the v Mr K Apse on behalf of the

(2000) 80 WAIG 4072 Single Commissioner (WAIRC) 2000-09-08
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APPLICANT: Representation Applicant Mr J Ridley Respondent Mr K Apse _____________________________________________________________________________ Order. HAVING heard Mr J Ridley on behalf of the
RESPONDENT: Mr K Apse on behalf of the
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Concept tags · 3

[S]Good faith bargaining [S]Wages — payment obligations [S]Employee v independent contractor
Archived text (1366 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH V BLOWFLEX (WA) PTY LTD CORAM COMMISSIONER S WOOD DELIVERED FRIDAY, 8 SEPTEMBER 2000 FILE NO AG 160/2000 ________________________________________________________________________________ Representation Applicant Mr J Ridley Respondent Mr K Apse _____________________________________________________________________________ Order. HAVING heard Mr J Ridley on behalf of the applicant and Mr K Apse 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 as lodged in the Commission on the 7th day of July 2000, amended by consent at hearing on the 8th day of Sep- tember 2000, entitled the Blowflex Moulding PTY. LTD, Western Australian Enterprise Bargaining Agreement 2000 is hereby registered; (Sgd.) S. WOOD, [L.S.] Commissioner. ——— SCHEDULE. 1—TITLE This Agreement must be referred to as the Blowflex Mould- ing PTY. LTD, Western Australian Enterprise Bargaining Agreement 2000. 2—ARRANGEMENT 1 Title 2 Arrangement WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 80 W.A.I.G. 4072 3 Parties to the Agreement 4 Period of Operation 5 Relationship to the Award 6 Objectives for the Agreement 7 Partnership 8 Consultation and Communication 9 Dispute Resolution Procedures 10 Wage Increases 11 Hours of Work—4x10 Roster System 12 6 Day Workers 13 Weekly Days Off-4x10 Roster 14 Elimination of Rostered Days Off 15 Use of Non Permanent Employees 16 Income and Injury Insurance 17 Leave Rostering 18 Carers’ Leave 19 Training 20 Multi-skilling and Introduction of New Technology 21 Commitment by the Parties 22 Use of Contractors 23 Signatories Appendix A—Wage Rates—4x10 Rostering System- Guaranteed Wages Appendix B—Wage Rates—All Areas 3—PARTIES TO THE AGREEMENT 3.1 This Agreement is binding according to its terms upon— (a) Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch (“the Un- ion”), (b) Blowflex Moulding PTY LTD (A.C.N.087 884 302) trading as Blowflex Moulding in Western Australia (“the Company”), 86 Radium Street, Bentley WA, and (c) applies to all employees employed by Company who are, or eligible to be, members of the Australian Liq- uor, Hospitality & Miscellaneous Workers Union, Western Australian Branch (“the employees”). 3.2 This Agreement applies to an estimated eight employ- ees. 4—PERIOD OF OPERATION 4.1 This Agreement operates from the first pay period on or after the 14th December 1998 and remains in place until 14th June 2001. 4.2 The terms of this Agreement must remain in force after the 14th June 2001 until replaced by another agreement; 4.3 The parties agree to meet, at a time to be agreed but no later than six months prior to the expiration of this Agree- ment, to review the terms of this Agreement with a view to reaching on a new certified agreement to replace this Agree- ment. 4.4 There is in principle agreement to the operative date of the next agreement being effective from the 14th June 2001. 5—RELATIONSHIP TO THE AWARD This Agreement must be read and interpreted in conjunc- tion with the Masters Dairy Award (Western Australia) A2 of 1994 (the Award). Where there is any inconsistency between the Award and the express terms of this Agreement, the express terms of this Agreement must take precedence. 6—OBJECTIVES OF THE AGREEMENT 6.1 To achieve an environment of consultation and commu- nication between the Company and its employees and unions. 6.2 To establish, through consultation with employees and Union representatives, an agreed process to achieve a flexible and multiskilled workforce which recognises the company’s business plans and objectives, and works towards achieving those objectives. 6.3 To ensure that employees are appropriately trained ac- cording to Company needs, and are given the opportunity to maximise their skills within the workforce. 6.4 To continue to maintain a commitment to quality assur- ance on all Western Australian sites including ISO 9002. 6.5 To establish, through the consultative committee an agreed process to maintain and improve inventory accuracy. 6.6 For all parties to commit to the introduction of a Com- petency Based Training (CBT) system during the life of this Agreement. 6.7 To establish, through the consultative committee, an agreed timetable and procedure for the introduction of a clas- sification structure. 6.8 To co-operatively improve the occupational health and safety of the workforce, including the reduction of excessive working hours. 6.9 To reduce the amount of accrued leave (annual, long service, RDOs and public holidays) to a manageable level; and to ensure that all employees are able to take an appropri- ate amount of rest time each year. 7—PARTNERSHIP 7.1 The Company, Employees and the Union acknowledge that the objectives and values of this Agreement will only be achieved if an atmosphere of partnership and co-operation exists between the Company and the Union. 7.2 Specifically, the parties commit to the following— (i) Open sharing of appropriate information; (ii) A collective and consultative process of negotiating pay and employment conditions for employees; (iii) To provide an environment which meets Occupa- tional Health and Safety best practice standards; (iv) For the Unions to support its members and co-oper- ate with the Company to achieve its objectives; (v) The Company supports the unions party to this Agreement, the role of unions in the Company and respects their right to organise in the workplace. 8—CONSULTATION AND COMMUNICATION 8.1 The parties recognise that to maintain good employee relations, appropriate consultation and communication must take place. 8.2 The parties are committed to improve and make more effective consultation and communication in the workplace and agree that consultation and communication is to provide employees on all shifts with an opportunity to participate fully in the issues which impact on their working lives. 8.3 Some of the mechanisms used for consultation include, but are not limited to, team briefings, meetings, and the con- sultative committee (made up of management and Union representatives). 8.4 The parties agree that effective consultation is based on the following principles— (a) information sharing for continuous improvement; (b) facilities and training for those involved in the con- sultative and communication process; and (c) commitment from the Company, the Union and em- ployees. 8.5 Where Agreement cannot be reached about matters in- volving changes to the organisation or performance of work, the ‘Disputes Resolution Procedure’ Clause of this Agreement must be used. 9—DISPUTES RESOLUTION PROCEDURE 9.1 It is recognised that the Company, Employees and the Union may from time to time have grievances or claims that they wish to pursue with each other. The objective of this procedure is to resolve problems ami- cably, promptly and at the source in order to avoid disputes such as work bans or limitations, go slows and strikes and any other form of action which would disrupt customer service or operations. 9.2 Any dispute arising from this Agreement must be dealt with in accordance with the following procedure— (a) The matter must first be discussed between the em- ployee affected and the appropriate team leader. (b) If not settled, the matter must be discussed between the accredited Union representative and the Man- ager or other appropriate representative of the employer. (c) If not settled, the matter may be referred to the Con- sultative Committee for discussion. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4073 80 W.A.I.G. (d) If not settled, the matter must be discussed between the Branch Secretary of the Union or other appro- priate official of the Union and the appropriate representative of the Company. (e) If the dispute is not resolved by the processes re- ferred to in Clause 9(a) to (d) the matter may be referred to the Commission for conciliation or arbi- tration by either party, in which case the parties will be bound by any decision of the Commission. (f) A time limit of two working days should apply wher- ever practicable to each step of the procedure in clauses 9.2(a) to (d). (g) While the matter in dispute is being discussed in accordance with the dispute resolution procedure, work must continue and the status quo as applying before the dispute must be maintained. (h) No party is to be prejudiced in relation to the final settlement by the continuance of work in accord- ance with this clause. (i) It must be open to either party at any time to seek the assistance of the