WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Bains Harding Industries Pty Ltd and The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch. AG 113 of 1999. Bains Harding Industries (Manufacturing Division) Enterprise Bargaining Agreement. COMMISSIONER S J KENNER. 18 August 1999. Order. HAVING heard Ms L Avon-Smith on behalf of the applicant and Mr G Sturman 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— (1) THAT the Bains Harding Industries (Manufacturing Division) Enterprise Bargaining Agreement as filed in the Commission on 16 June 1999 in the terms of the following schedule be and is hereby registered as an industrial agreement. (2) THAT the Bains Harding Industries (Manufacturing Division) Enterprise Bargaining Agreement, No. AG 89 of 1997 be and is hereby cancelled. (Sgd.) S.J. KENNER, [L.S.] Commissioner. 1.—TITLE This Agreement shall be known as the “Bains Harding In- dustries (Manufacturing Division) Enterprise Bargaining Agreement”. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Objective 4. Area and Scope 5. Parties Bound 6. Date and Period of Operation 7. Relationship to Parent Award 8. Single Bargaining Unit 9. Casual Employees 10. Sick Leave 11. Commitments WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2339 79 W.A.I.G. 12. Hours of Work 13. Grievance Settlement Procedure 14. Remuneration 15. Productivity Improvements 16. Other Productivity Improvement Measures 17. Confidentiality and Secrecy Deed 18. Probationary Period 19. Contractors 20. Wages 21. Signatories to Agreement 3.—OBJECTIVE It is the objective of the employer and the employees to make the Bains Harding Manufacturing Division a highly efficient and competitive manufacturer, excelling in safety, productiv- ity, quality and customer service. It is recognised by the employer and the employees that the achievement of these objectives will lead to an improvement in the profitability of the company and it’s customers and thereby the employment security and working conditions of all employees. It is also recognised that both the employer and all employ- ees have an equal responsibility to ensure these objectives are realised and that the Consultative Committee has a major re- sponsibility to assist in the implementation of changes required to realise the objective. 4.—AREA AND SCOPE This Agreement shall apply to all employees employed by the Manufacturing Division of Bains Harding Industries (The Employees) who are engaged in positions covered by the Par- ent Award. 5.—PARTIES BOUND 5.1 This Agreement shall apply to— (a) Bains Harding Industries Pty Ltd Manufacturing Di- vision (The Employer); and (b) The Employees (an estimated 35 employees); and (c) The Automotive, Food, Metals, Engineering, Print- ing and Kindred Industries Union of Workers, Western Australian Branch (The Union). 6.—DATE AND PERIOD OF OPERATION 6.1 This Agreement shall operate for a period of 24 months from the date the Agreement is executed by all parties and will continue after this time until renewed or replaced or cancelled. 6.2 The parties shall endeavour to commence negotiations for replacement, renewal or cancellation of the Agreement no earlier than three months prior to its expiry date. 7.—RELATIONSHIP TO PARENT AWARDS 7.1 This Agreement shall be read and interpreted wholly in conjunction with Part 1 of the Metal Trades (General) Award 1966 No 13 of 1965 as it exists at the date this Agreement is executed (“Parent Award”). 7.2 Where there is any inconsistency between this Agree- ment and the Parent Award, the Agreement shall prevail to the extent of such inconsistency. 8.—SINGLE BARGAINING UNIT 8.1 For the purposes of this Agreement a single bargaining unit shall be established by way of a Consultative Committee comprised of— (a) Three Employer representatives; and (b) Three representatives elected from the workforce. 9.—CASUAL EMPLOYEES 9.1 (a) In the case of a casual employee, the period of no- tice of termination shall be one hour. (b) If the required notice of termination is not given, one hour’s wages shall be paid by the employer or for- feited by the employee. 9.2 For the purpose of this Agreement an employee shall be deemed to be casual— (a) If the expected duration of the employment is less than three months; or (b) If the notification referred to in Subclause (6) of Clause 6—Contract of Service in the Metal Trades (General) Award No. 13 of 1965 is not given and the employee is dismissed, through no fault of the em- ployee, within three months of commencing employment; (c) If the employee is employed for a specific seasonal or short term demand, provided that the employee’s employment does not exceed six months without a break in employment. 9.3 After continuous employment of three months with Bains Harding Industries, a casual who is not employed for a spe- cific seasonal or short term demand shall become a permanent employee. Accruals for annual leave and sick leave will com- mence from the date the employee’s employment becomes permanent. 10.—SICK LEAVE Notwithstanding the provisions of Clause 24—Absence Through Sickness in the Metal Trades (General) Award, it is a condition of employment an employee shall not be entitled to payment for sick leave unless, other than in extraordinary circumstances, the absence is reported to a Supervisor or Manager prior to 8.00am on the day in question. 11.—COMMITMENTS 1.1 The parties undertake that the terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enterprise. 1.2 Parties to this Agreement shall oppose any application by others to be joined to this Agreement. 1.3 There shall not be any further wage increases for the life of this Agreement. 12.—HOURS OF WORK 12.1 Ordinary Hours of Work/General Flexibility Provisions The ordinary hours of work shall be 38 per week, worked in accordance with this clause. (a) Ordinary working hours may be averaged out over a cycle longer or shorter than one week. (b) By agreement between the employer and a group of employees affected, the ordinary hours may be worked on any day of the week, to a maximum of 5 days which must be consecutive. (c) For all employees, ordinary daily hours, except when on shift work shall be worked between 6.00am and 6.00pm, or some other spread of hours as mutually agreed between the employer and individual employ- ees or groups of employees but the actual working hours shall not exceed 12 ordinary hours work on any day and shall be consecutive, except for a meal break. (d) When changes to ordinary working hours are deemed necessary, consideration shall be given to the fol- lowing issues— (i) the most productive and efficient operation; (ii) maximum utilisation of plant; (iii) personal needs and family responsibilities; (iv) fair application of flexible working arrange- ments for all employees; (v) reasonable notice of any prospective change. (e) For employees who work on a Tuesday to Saturday roster the following shall apply— Overtime Clause 14(1)(c) and (d) of the Parent Award will apply in relation to work done on Sundays and Mondays. Public Holiday’s The intent of clause 23(1)(b) of the Parent Award will apply by substituting the following: When a Public Holiday falls on a Sunday or Monday the holiday shall be observed on the next succeeding Tuesday and when Boxing day falls on a Monday or Tuesday the holiday shall be observed on the next succeeding Wednesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 2340 12.2 Rest Breaks (a) Employees shall not be required to work for more than six hours without an unpaid break of 30 min- utes. The timing of the rest break may be changed by agreement to suit operational requirements. (b) Each employee shall be allowed a paid rest break of 10 minutes, including wash-up time, to be taken at a time and in a manner determined by the section su- pervisor to ensure minimal disruption to production. (c) Where an employee works for more than ten hours he or she will be allowed a second paid rest break of 10 minutes to be taken at a time and in a manner determined by the Section Supervisor to ensure mini- mum disruption to production. 13.—GRIEVANCE SETTLEMENT PROCEDURE 13.1 Where a question, dispute or difficulty arises with re- spect to this Agreement, the matter shall initially be discussed between the employee concerned and his/her immediate su- pervisor. The employee may elect to have representation during the discussions. 13.2 Where the matter of concern remains unresolved, it shall then be referred to the Consultative Committee for discus- sion. The employee may be accompanied during these discussions by the shop steward or a person of their choice. The parties shall initiate steps to resolve the grievance as soon as possible. Reasonable time frames shall be maintained when dealing with issues and prompt attention shall be given to re- solving matters. 13.3 If the grievance cannot be resolved after following the procedures outlined herein, either party may refer the matter to the