WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES THE WESTERN AUSTRALIAN BUILDERS’ LABOURERS, PAINTERS & PLASTERERS UNION OF WORKERS, CONSTRUCTION, MINING, ENERGY, TIMBERYARDS, SAWMILLS AND WOODWORKERS UNION OF AUSTRALIA—WESTERN AUSTRALIAN BRANCH V FOCUS SHOPFITTERS PTY LTD CORAM COMMISSIONER J F GREGOR DELIVERED MONDAY, 28 AUGUST 2000 FILE NO/S APPLICATION AG 190 OF 2000 ________________________________________________________________________________ Result Agreement Registered. Representation Applicant/ Appellant Mr P Joyce on behalf of the applicant. Respondent No appearance _________________________________________________________________________ Order. HAVING heard Mr P Joyce, 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 agreement No. AG 190 of 2000, lodged in the Commission on 28 July 2000, entitled Focus Shopfitters Pty Ltd/BLPPU and the CMETU Collective Agreement 2000 and as subsequently amended by the parties, be registered as an Industrial Agreement and re- places No. AG 92 of 1999 (Sgd.) J. F. GREGOR, [L.S.] Commissioner. ——— 1.—TITLE This agreement shall be known as the Focus Shopfitters Pty Ltd/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 Sick Leave 9 Negotiation of Subsequent Agreement 10 Fares and Travelling Allowance 11 Seniority 12 Pyramid Sub-Contracting 13 Dispute Settlement Procedure 14 Safety Dispute Resolution 15 Training and Related Matters 16 Drug & Alcohol, Safety & Rehabilitation Program 17 Clothing & Safety Footwear 18 Income Protection 19 Accident Pay 20 Union Membership 21 Signatories to the Agreement 22 Appendix A—Drug & Alcohol, Safety and Rehabilitation Appendix B—Site Allowance 3.—PARTIES AND PERSONS BOUND This agreement shall be binding on Focus Shopfitters Pty Ltd of 139 Winton Road, Joondalup WA 6027 (hereinafter referred to as “the company”), the Western Australian Build- ers’ Labourers, Painters and Plasterers Union of Workers and the Construction Mining Energy Timberyards Sawmills and Woodworkers Union of Australia—WA Branch (hereinafter referred to as “the unions”) and all Employees of the com- pany eligible to be members of the unions. 4.—APPLICATION This agreement shall apply only to work on sites where the Union has a registered EBA agreement with the Principal Contractor or has an agreement in writing with the Principal Contractor. There are approximately six (6) employees cov- ered 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” ) and will apply to work on sites where the unions have a registered agreement with the Principal Contractor, or has an agreement in writing with the Principal Contractor. 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 on or after the date of signing 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 1st November 1st November 1st 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 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 APPRENTICE RATES Previous 1st 1st 1st EBA November November November Rate 1999 2000 2001 Hourly Hourly Hourly Hourly Rate Rate Rate Rate $ $ $ $ Plasterer, Fixer Year 1 7.48 7.86 8.25 8.66 Year 2 (1/3) 9.81 10.29 10.81 11.35 Year 3 (2/3) 13.37 14.03 14.74 15.47 Year 4 (3/3) 15.69 16.46 17.29 18.15 Painter. Glazier Year 1 (.5/3/5) 7.32 7.68 8.06 8.47 Year 2 (1/3), (1.5/3.5) 9.58 10.06 10.56 11.09 Year 3 (2/3), (2.5/3.5) 13.06 13.72 14.40 15.12 Year 4 (3/3), (3.5/3.5) 15.33 16.10 16.90 17.74 Signwriter Year 1 (.5/3.5) 7.48 7.85 8.24 8.66 Year 2 (1/3, 1.5/3.5) 9.78 10.28 10.79 11.35 Year 3 (2/3. 2.5/3.5) 13.35 14.02 14.72 15.47 Year 4 (3/3, 3/5/3.5) 15.66 16.45 17.27 18.15 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4099 80 W.A.I.G. Previous 1st 1st 1st EBA November November November Rate 1999 2000 2001 Hourly Hourly Hourly Hourly Rate Rate Rate Rate $ $ $ $ Carpenter/Roofer Year 1 7.54 7.92 8.31 8.73 Year 2 (1/3) 9.86 10.37 10.88 11.43 Year 3 (2/3) 13.45 14.14 14.84 15.59 Year 4 (3/3) 15.78 16.59 17.42 18.29 Bricklayer Year 1 7.46 7.82 8.24 8.65 Year 2 (1/3) 9.76 10.25 10.79 11.32 Year 3 (2/3) 13.31 13.97 14.71 15.44 Year 4 (3/3) 15.62 16.39 17.26 18.12 Stonemason Year 1 7.54 7.92 8.31 8.73 Year 2 (1/3) 9.86 10.37 10.88 11.43 Year 3 (2/3) 13.45 14.14 14.84 15.59 Year 4 (3/3) 15.78 16.59 17.42 18.29 Rooftiler 6 months 10.04 10.54 11.07 11.62 2nd 6 months 11.04 11.59 12.17 12.78 Year 2 12.90 13.55 14.23 14.94 Year 3 15.14 15.90 16.70 17.54 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 B of this Agreement. 8.—INDUSTRY STANDARDS Redundancy The company shall increase the contributions on behalf of each employee into the Western Australian Construction In- dustry Redundancy Fund to 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 nominated 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 unreasonable refuse to agree to a change of complying superannuation fund or scheme requested by the employee. (ii) “Ordinary Time Earnings” (which for the purposes of the Superannuation Guarantee (Administration Act 1992 will operate to provide a notional earnings base) shall mean the actual ordinary rate of pay the employee received for ordi- nary hours of work including tool allowance, industry allowance, trade allowances, shift loading, special rates, quali- fication allowances (eg. First aid, laser safety officer), multi-storey allowance, site allowance, asbestos eradication allowance, leading hand allowances, in charge of plant allow- ance and supervisory allowances where applicable. The term includes any regular over-award pay as well as casual rates received and any additional rates and allowances paid for work undertaken during ordinary hours of work, including fares and travel. 9.—SICK LEAVE For sick leave accrued after the date of signing this agree- ment the following will apply— (a) The Company’s employees shall have the option of converting 100% of accrued sick leave entitlement to a cash payment on termination . (b) If an employee who has been terminated by the Com- pany without exercising the above option is re-engaged within a period of six months, the un- paid balance of sick leave shall continue from the date of re-engagement. (c) Where the Company has signed a previous Agree- ment with the Union that also allowed for the conversion to cash payment on termination for ac- crued sick leave, that accrued sick leave will be treated as if it is accrued under this agreement. 10.—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. 11.—FARES AND TRAVELLING ALLOWANCE In addition to Clause 12A of the award a travel payment shall be made in the form of a daily payment (on days worked) of $6.15 per day per employee. 12.—SENIORITY 1. All parties will agree the continuity of employment is desirable wherever possible, and that where it is now possi- ble, employees will be retrenched in order of seniority. ·2. When applying the “first on last off” principle it is agreed subject to the caveat of “all things being equal”, 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. Where there is any disagreement as to the applica- tion of this the matter will be processed in accordance with Clause 14—Dispute Settlement Procedure. 13.—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