ancock Mr J Fiala for CEEEIPPU and Mr G Bucknall for AFMEPKIU _______________________________________________________________________________ Order. HAVING heard Mr R Joyce on behalf of the v Mr J Fiala and Mr G Bucknall on behalf of the
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APPLICANT: ancock Respondents Mr J Fiala for CEEEIPPU and Mr G Bucknall for AFMEPKIU _______________________________________________________________________________ Order. HAVING heard Mr R Joyce on behalf of the
RESPONDENT: Mr J Fiala and Mr G Bucknall on behalf of the
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Cited
[2000] WAIRC 996
(not in corpus)
"…ICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED WORKERS’ UNION OF AUSTRALIA—ENGINEERING & ELECTRICAL DIVISION—WA BRANCH RESPONDENTS CORAM COMMISSIONER S WOOD DELIVERED WEDNESDAY, 25 OCTOBER 2000...…"
Archived text (1042 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES COLOURPRESS PTY LTD APPLICANT v. THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF W O R K E R S — W E S T E R N AUSTRALIAN BRANCH, AND THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED WORKERS’ UNION OF AUSTRALIA—ENGINEERING & ELECTRICAL DIVISION—WA BRANCH RESPONDENTS CORAM COMMISSIONER S WOOD DELIVERED WEDNESDAY, 25 OCTOBER 2000 FILE NO AG 226 OF 2000 CITATION NO. 2000 WAIRC 00996 _______________________________________________________________________________ Result Agreement registered Representation Applicant Mr R Joyce and with him Ms F Hancock Respondents Mr J Fiala for CEEEIPPU and Mr G Bucknall for AFMEPKIU _______________________________________________________________________________ Order. HAVING heard Mr R Joyce on behalf of the applicant and Mr J Fiala and Mr G Bucknall on behalf of the respondents, 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 19th day of September 2000, amended by consent at hearing on the 25th day of October 2000, entitled the Colourpress Production Employees (Enterprise Bargaining) Agreement 2000 is hereby registered. (Sgd.) S. WOOD, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement shall be referred to as the ColourPress Production Employees (Enterprise Bargaining) Agreement 2000. 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. Relationship to Parent Award and Previous Enterprise Bargaining Agreement 9. Aim of This Agreement 10. Dispute Settlement Procedure 11. Introduction of Change Procedure 12. Flexible Shift Rosters 13. Nominee Allowance 14. Option to “Buy-Out” Annual Leave/Long Service Leave WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 5013 80 W.A.I.G. 15. Pro Rata Long Service Leave 16. Leading Hand Allowance 17. Wage Increases 18. Leave Reserved Matters 3.—APPLICATION OF AGREEMENT This Agreement shall apply at ColourPress Pty Ltd in respect of all employees who are engaged in any of the occupations, industries or callings specified in the Electrical, Engineering and Building Trades (West Australian Newspapers) Award 1988. 4.—PARTIES BOUND – ColourPress Pty Ltd Corner Forward and Swansea Streets, EAST VICTORIA PARK WA 6107 – The 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 5.—DATE AND OPERATION This Agreement shall operate from the beginning of the first pay period commencing on or after 1 April 2000 and shall remain in force for a period of three years until 31 March 2003. Discussions between the Company and the employees will commence not later than three (3) months before the expiry date of this Agreement. This Agreement shall not be cancelled or varied unless agreed to by the parties. 6.—NUMBER OF EMPLOYEES BOUND Six 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.—RELATIONSHIP TO PARENT AWARD AND PREVIOUS ENTERPRISE BARGAINING AGREEMENTS Except where specifically provided for in this Agreement, this Agreement shall be read and interpreted wholly in conjunction with the Electrical Engineering and Building Trades (West Australian Newspapers) Award 1988. Where there is any inconsistency between this Agreement, and earlier Agreements and the said award, this Agreement shall prevail to the extent of any inconsistency. Both the Company and its employees have shared mutual benefits arising from the previous agreement—ColourPress Enterprise Bargaining Agreement 1995 AG 12 of 1996. To ensure the parties still share the benefits from these previous agreements it has been agreed to incorporate the provision of Attachment “A” from AG 12 of 1996 and Attachment “A” from AG 2000 of 1997 into this Agreement. 9.—AIM OF THIS AGREEMENT The aim of this Agreement is to continue to consolidate the shared benefits that the parties have gained from the previous enterprise bargains. For this reason the increases provided for under this Agreement are provided on the basis that the parties are prepared to continue to make real and demonstrable changes in both attitudes and the way in which work is performed to facilitate further improvements in productivity and efficiency. These changes will enable the Company to achieve a fuller and more productive utilisation of its resources in the future. The parties agree that the Company operates in an increasingly competitive environment. The changes contained in this Agreement will assist the Company to more efficiently operate in this environment. In addition, further initiatives and/ or changes may be required during the life of this Agreement to more effectively operate in this environment. These changes may be cultural, organisational and/or operational. There is a clear recognition by all parties that for this Company to remain competitive it must be able to respond quickly and positively to the demands of the market and the requirements of its customers. 10.—DISPUTE SETTLEMENT PROCEDURE The parties are committed to observing the following dispute settlement procedure in respect to any questions, difficulties or disputes arising under this Agreement. (1) In the event of any proposed change in employment conditions or terms of this Agreement, or in the event of any question or dispute arising, the parties will consult together to reach a settlement. (2) The principle of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any industrial dispute that may arise. (3) The parties shall take an early and active part in the discussions and negotiations aimed at preventing or settling disputes in accordance with the agreed procedure set out hereunder. (4) The employee, the union representative, the supervisor and the General Manager shall confer, and where possible, resolve the issue. (a) If not resolved, the union representative shall confer with the General Manager, on this matter, and where possible, resolve the issue. (b) If not resolved, the Union and the union representa- tive shall confer with the General Manager on the matter, and where possible, resolve the matter. (c) If the matter is still not settled, either party shall sub- mit the matter for conciliation/arbitration by the