WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters & Plasterers Union of Workers & Other and Optim Projects Pty Ltd. AG 75 of 1999. Optim Projects Industrial Agreement. COMMISSIONER S J KENNER. 17 June 1999. 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 Optim Projects Industrial Agreement as filed in the Commission on 28 April 1999 in the terms of the following schedule be and is hereby registered as an in- dustrial agreement. (Sgd.) S.J. KENNER, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement will be known as the Optim Projects Indus- trial Agreement. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Duration 6. Dispute Settlement Procedure 7. Single Enterprise 8. Relationship with Awards 9. Enterprise Agreement 10. Wage Increase 11. Site Allowance 12. Industry Standards WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1979 79 W.A.I.G. 13. Clothing and Footwear 14. Training Allowance, Training Leave, Recognition of Prior Learning 15. Seniority 16. Sick Leave 17. Pyramid Sub-Contracting 18. Fares and Travelling 19. Drug and Alcohol, Safety and Rehabilitation Pro- gram 20. Income Protection 21. No Extra Claims Appendix A—Wage Rates Appendix B—Drug and Alcohol, Safety and Reha- bilitation Program Appendix C—Site Allowance 3.—AREA AND PARTIES BOUND This is an Agreement between The Western Australian Build- ers’ Labourers, Painters & Plasterers Union of Workers and the Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch (hereinafter referred to as the “Unions”) and Optim Projects Pty Ltd (hereinafter referred to as the “Company”) in the State of Western Australia. 4.—APPLICATION This Agreement shall be binding upon the Company, the Unions, its officers and members, and any person eligible to be members of the Unions employed by the Company on work covered by the terms of the Building Trades (Construction) Award 1987, No. 14 of 1978 (the “Award”). There are ap- proximately three (3) employees covered by this agreement. 5.—DURATION This Agreement shall commence from the first pay period on or after the date of signing and shall continue in effect until 31 October 1999. The parties agree to commence discussion on the terms and conditions of any future agreement three calendar months prior to the expiration of this Agreement. 6.—DISPUTE SETTLEMENT PROCEDURE In relation to any questions, disputes or difficulties arising out of the operation of this Agreement the dispute settlement procedure that shall apply shall be in the same terms as that outlined in Clause 46 Settlement of Disputes and Appendix – Resolution of Disputes Requirements of the Award. 7.—SINGLE ENTERPRISE It is agreed that this Agreement applies in respect of a single enterprise as defined in Clause 41A(2) of the WA Industrial Relations Act 1979, as amended (the “Act”). 8.—RELATIONSHIP WITH AWARDS This Agreement shall be read wholly in conjunction with the Award. Where this Agreement is silent on rates of pay and other matters pertaining to the employment relationship, the Award shall apply. Where there is conflict between the rates of pay, conditions, allowances and other matters in this Agree- ment and the Award the higher rate shall apply. 9.—ENTERPRISE AGREEMENT It is agreed that in the event of the Unions and the Company agreeing on the terms of a comprehensive enterprise agree- ment, this Agreement may be terminated in accordance with the requirements of the Act. 10.—WAGE INCREASE This Agreement provides for increases in the hourly rate and allowances resulting in the wage rates in Appendix A— Wage Rates. 11.—SITE ALLOWANCE This Agreement provides for site allowances as per Appen- dix C—Site Allowance. 12.—INDUSTRY STANDARDS 1. Redundancy It is a term of this Agreement that the Company will imme- diately increase its payments to $50 per week per employee. 2. Superannuation (i) The Company will immediately increase its level of payment to $60 per week per employee or 7% Ordi- nary Time Earnings, whichever is the greater. The Company will advise all employees subject to the Agreement 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 + Building 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 agree- ment. The employer shall not unreasonably 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 receives for ordinary hours of work in- cluding tool allowance, industry allowance, trade allowances, shift loading, special rates, qualification allowances (eg. First aid, laser safety officer), multi- storey allowance, site allowance, asbestos eradication allowance, leading hand alowances, in chargeof plant allowance and supervisory allowances where appli- cable. The term includes any regular over-award pay as well as casual rates received and any additional rates and allowances paid for work undertaken dur- ing ordinary hours of work, excluding fares and travel and other reimbursement allowances. 3. Apprentice Rates The Company agrees to maintain a ratio of no more than four tradespeople to one apprentice employed. 13.—CLOTHING AND FOOTWEAR 1. The following items will be supplied to each employee by the Company, upon the completion of five working days. (a) 1 pair safety boots, and will be replaced on a fair wear and tear basis. (b) 2 T-shirts with collars, and will be replaced on a fair wear and tear basis. (c) 1 bluey jacket for each employee employed during the period 1 April to 31 October. (One issued per year) 2. The Company will also make available to each employee, when requested by them, sun screen lotion and sun brims to fit over safety helmets. 14.—TRAINING ALLOWANCE, TRAINING LEAVE, RECOGNITION OF PRIOR LEARNING 1. A training allowance of $12.00 per week per worker shall be paid by the employer to the Union Education and Training Fund. 2. Subject to all qualifications in this clause, an employee shall, upon application in writing to and with approval of the employer, be granted leave with pay each calender year, pro-rata to attend courses conducted or approved by the NBCITC. The employer’s approval shall not be unreason- ably withheld. The application for leave shall be given to the employer at least two weeks in advance of the date of commencement of the course. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 1980 The time of taking leave shall be arranged so as to minimise any adverse effect on the employer’s operations. The onus shall rest with the employer to demonstrate an inability to grant leave where an employee is otherwise entitled. An employer shall not be liable for any additional expenses associated with an employee’s attendance at a course other than— course fees course books and materials payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time earnings shall be defined as the agreement classification rate. Leave of absence granted pursuant to this clause shall count as service for all purposes of this agreement. 3. The employer will actively encourage employees to seek formal recognition of their skills (recognition of prior learn- ing), and will allow leave as per (2) above for such purposes including but not limited to securing Tradesmen’s Rights Cer- tificates. 15.—SENIORITY 1. The parties agree the continuity of employment is desir- able wherever possible, and that where it is not possible, 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 state 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 application of this the matter will be processed in accordance with Clause 6—Dispute Settlement Procedure. 4. An employee who has been retrenched by the Company shall have absolute preference and priority for re-employment/ re-engagement by the Company. Where an employee is re- engaged within a period of six months the employee shall maintain continuity of service and all accrued entitlements with the Company. 16.—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. 17.—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 contract and intends to engage a specialist sub-contractor to perform that work, that section may be re-let to a specialist sub-con- tractor. 3. Further provided that when a sub-contract is let for labour 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 par- ties 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 between the parties or referred to the