WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Managing Director Midland College of TAFE and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division WA Branch. No. AG 140 of 1999. Midland College of TAFE Engineering Trades’ Enterprise Bargaining Agreement 1999. COMMISSIONER P E SCOTT. 24 September 1999. Order. HAVING heard Mr M Taylor on behalf of the Applicant and Mr J Murie 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 Midland College of TAFE Engineering Trades’ Enterprise Bargaining Agreement 1999 in the terms of the following schedule be registered on the 16th day of September 1999. (Sgd.) P.E. SCOTT, [L.S.] Commissioner. Schedule. MIDLAND COLLEGE OF TAFE ENGINEERING TRADES’ ENTERPRISE BARGAINING AGREEMENT 1999 1.—TITLE The Midland College of TAFE Engineering Trades’ Enterprise Bargaining Agreement, 1999. 2.—ARRANGEMENT 1. TITLE 2. ARRANGEMENT 3. SCOPE OF THE AGREEMENT 4. PARTIES TO THE AGREEMENT 5. NUMBER OF EMPLOYEES COVERED 6. DEFINITIONS 7. TERM 8. NO FURTHER CLAIMS. 9. RELATIONSHIP TO PARENT AWARD 10. SINGLE BARGAINING UNIT 11. OBJECTIVES OF THIS AGREEMENT 12. PAY INCREASES 13. PRODUCTIVITY IMPROVEMENT PLAN 14. PAST PRODUCTIVITY 15. ANNUAL INCREMENTS 16. CONTRACT OF SERVICE 17. CHRISTMAS CLOSEDOWN 18. HIGHER DUTIES 19. SALARY PACKAGING 20. REPAYMENT OF OVERPAYMENTS 21. SELF FUNDED WORK BREAKS 22. ANNUAL LEAVE 23. CEREMONIAL / CULTURAL LEAVE 24. FAMILY CARERS LEAVE 25. LEAVE WITHOUT PAY 26. LONG SERVICE LEAVE 27. PARENTAL LEAVE 28. SICK LEAVE 29. DISTRICT ALLOWANCE 30. TRAVELLING ALLOWANCE 31. CONSULTATION 32. DISPUTE RESOLUTION PROCEDURE Schedule A: Salaries Schedule B : District Allowance 3.—SCOPE OF THE AGREEMENT This Agreement applies to all employees of the Midland College of TAFE employed in the classifications in Schedule A. 4.—PARTIES TO THE AGREEMENT This agreement is made between the Managing Director of the College for and on behalf of the College Governing Council, and the named union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch. 5.—NUMBER OF EMPLOYEES COVERED As at date of registration, the approximate number of em- ployees covered by this agreement is 5. 6.—DEFINITIONS The following terms have the following meanings— Accrued leave means the leave an employee is entitled to from a previous calendar year. Adoption for the purpose of Clause 27—Parental Leave, the placement including any initial temporary placement with a view to a permanent placement of a child who is less than 5 years of age, who is not the natural or step- child of the employee or employees spouse and who has not lived with the employee for longer than 6 months. Adoption leave, for the purpose of Clause 27—Parental Leave means an unpaid form of parental leave taken by either parent in connection with the adoption or place- ment of a child under the age of 5 years. Agreement means the Midland College of TAFE Engi- neering Trades Enterprise Bargaining Agreement 1999. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2927 79 W.A.I.G. Certification for the purposes of Parental Leave means a certificate from a registered medical practitioner which names his spouse, states that she is pregnant, and the ex- pected date of birth. For the purpose of maternity leave means a certificate from a registered medical practitioner stating that she is pregnant and the expected date of birth. For the purpose of adoption leave and special adoption leave and means the requirements that an employee must produce to the employer a statement from an adoption agency or other appropriate body of the placement of the child for adoption purposes before being eligible for the entitlement. Child means, for the purpose of Clause 27—Parental Leave, a person to whom an employee or employees spouse has given birth, or who is adopted by an employee or employees spouse or who is placed with an employee or employees spouse with a view to permanent adoption. This does not include a child or step-child of the employee or employees spouse who has previously lived with the employee for a period of 6 months or more. Continuous service means any period of service between the employee and employer under an unbroken contract of employment, and includes any authorised unpaid or paid absences. College shall mean a college as defined in the Vocational and Education Training Act 1996. Department is the Western Australian Department of Training. Employee shall mean, for the purpose of this agreement, someone who is referred to at Clause 3—Scope. Excess travelling time means all time travelled on offi- cial business outside prescribed hours of duty and away from the employee’s usual headquarters.. Employer is the Governing Council of the Midland Col- lege of TAFE. Expected date of birth means for the purpose of Clause 27—Parental Leave, the day certified by a medical prac- titioner, to be the day on which the birth of the child of the employee, or employees spouse is expected. Fixed Term shall be a person employed either full time or part time for a fixed or specified period of time. Full-Time shall be a full time employee who is employed to work 38 ordinary hours per week. Government is the Government of Western Australia. Managing Director means the person responsible for the general administration of the College. Maternity leave is an unpaid form of parental leave taken by a female employee in connection with her pregnancy, and the subsequent birth of a child. Minister is the Minister of the Crown who is responsible for the administration of the employing agency. Parental leave means for the purpose of Clause 27- Pa- rental Leave ,any unpaid period of up to 12 months of maternity leave, paternity leave and/or adoption leave taken in connection with the birth or adoption of a child. Paternity leave is an unpaid form of parental leave of up to 12 months which is taken by a male employee in con- nection with the birth or adoption of a child. Such an employee is permitted to take one week of unpaid pater- nity leave immediately after the birth or adoption of a child, in conjunction with any leave taken by his spouse. Prescribed hours of duty means an employee’s normal working hours as prescribed by the Managing Director in accordance with this Agreement. Pro-rata leave is the proportion of leave that an employee is entitled to in the current year, either from the date of commencement, or to the date of cessation. Spouse for the purpose of Clause 27—Parental Leave and Clause 29—District Allowance, includes a husband or wife of an employee, and includes a de-facto spouse. For the purposes of Bereavement Leave it includes a former spouse. VET means the Vocational Education and Training Sec- tor. VET Act is the Vocational Education and Training Act 1996. WADOT is the Western Australian Department of Train- ing. 7.—TERM (1) This Agreement shall operate on and from the date of registration, and shall remain in force for a period of two years from the date of registration. (2) The pay quantum achieved as a result of this agreement will remain, if the productivity improvements and repackaging of improvements continue, and form the new base rates for future agreements. (3) The parties will review this Agreement at least six months prior to expiration, with a view to commencing negotiations for a replacement agreement. (4) The parties genuinely commit to ongoing consultation and bargaining in good faith, during discussions and negotia- tions for the replacement Agreement. (5) Notwithstanding subclause 1, it is the intention of the parties to enter into a new agreement that reflects any future agreements for Public Service and Government Officers. This may occur prior to the expiration of the term of this agree- ment, where appropriate. 8.—NO FURTHER CLAIMS (1) There shall be no further salary or wage increases sought or granted, except for those provided under the terms of this Agreement. (2) This Agreement shall not operate so as to cause an em- ployee to suffer a reduction in normal time earnings. 9.—RELATIONSHIP TO PARENT AWARD (1) This Agreement shall be read in conjunction with the existing Awards that apply to the parties. This agreement shall prevail to the extent of any inconsistencies. (2) The relevant Award is the — — Engineering Trades (Government) Award, 1967. 10.—SINGLE BARGAINING UNIT (1) This Agreement has been negotiated through a Single Bargaining Unit (SBU) (2) The SBU comprised representatives from all parties. 11.—OBJECTIVES OF THIS AGREEMENT The objectives of the parties are: (1) To achieve the organisations mission; which is to maximise training and employment opportunities for Western Australians; (2) To Maintain and improve the delivery of quality serv- ices to internal and external clients, in a dynamic environment; (3) To continually improve the efficiency and effective- ness of service delivery; (4) To maintain and improve productivity; (5) Implement more flexible working patterns and ar- rangements, with benefits for the employer and employees; (6) To improve employee relations through cooperative workplace practices and increased job satisfaction; (7) To maintain and improve the knowledge, skills and expertise of employees. 12.—PAY INCREASES (1) The rates in column B reflect the current salary rates with the annualised leave loading, This rate is payable from the beginning of the first pay period commencing on or after registration. (less any leave loading already taken in the cur- rent year) (2) The rates in column C reflect a 4.5% salary increase, payable from the commencement of the first pay period after registration of the agreement. (3) The rates in column D reflect a 2.5% increase and are payable from 1 January 2000, subject to achievement of the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 2928 31 December 1999 targets in the Productivity Improvement Plan. (4) The employees, existing classification, based on the ex- isting classification system, will be transferred under this agreement. 13.—PRODUCTIVITY IMPROVEMENT PLAN (1) The Western Australian Department of Training and Vo- cational, Education and Training Colleges Productivity Improvement Plan approved by State Cabinet on 4 May 1998 shall form part of this agreement. (2) The parties are committed to the continuation and en- hancement of the implemented productivity initiatives designed to achieve and maintain increased efficiency and effective- ness of program and service delivery of the Department and Colleges, in accordance with the Productivity Improvement Plan. 14.—PAST PRODUCTIVITY This Agreement incorporates past productivity to the date of registration. 15.—ANNUAL INCREMENTS An employee shall proceed to the maximum of the employ- ee’s salary range by annual increments in accordance with the following provisions (1) Before any increase in salary is paid to an employee who occupies a position which is allocated a range of salary the employee in charge shall, no later than 12 months since the employees’ last increment, complete a report in respect of the employee’s level of performance, efficiency and conduct and where the Managing Director is satisfied with the report the increase in salary shall be paid. (2) Where the Managing Director considers the report of the employee in charge to be an adverse report the following pro- visions shall apply; (a) The report shall be brought to the notice of the em- ployee and shall be initialled by the employee; (b) if the employee desires to give an explanation or give any reasons for disagreeing with the report the em- ployee shall put the explanation or reasons in writing; (c) the Managing Director shall immediately consider the report and the employee’s explanation or the rea- sons and may approve the increase in salary or determine that the increase shall not be paid for a specific period. (3) Where an increase is not paid for a specific period, the Managing Director shall review the determination before the expiry of that specific period and the provisions of subclauses (1) and (2) of this clause shall apply in respect of that report. (4) The non-payment of an increase shall not change the normal anniversary date of any further increase due to the employee. 16.—CONTRACT OF SERVICE (1) Period of Probation (a) Every employee appointed by the College shall nor- mally be on probation for a period not exceeding six months, unless otherwise determined by the Manag- ing Director. (b) An employee who is appointed from the Public Sec- tor of Western Australia, and who has had at least six months of continuous satisfactory service imme- diately prior to permanent appointment will not be required to serve a period of probation. (c) At any time during the period of probation the Man- aging Director may annul the appointment and terminate the services of the employee by the giving of one weeks notice or payment in lieu thereof. (d) Prior to the expiry of the period of probation, the Managing Director shall— (i) have a report completed in respect to the em- ployee’s level of performance, efficiency, and conduct, and (ii) confirm the permanent appointment, (iii) extend the period of probation by up to six months (only), to a maximum period of pro- bation of 12 months (only). or (iv) terminate the services of the employee. (2) Termination of employment (a) An employee shall give the Managing Director writ- ten notice of intention to resign of not less than— (i) one month, or (ii) such other period as specified in the employ- ee’s contract of service where applicable. (b) An employee who fails to give the required written notice forfeits the sum of $500, unless agreement is reached between an employee and the Managing Director for a shorter period of notice than that speci- fied. (c) Where an employee’s services are terminated, that employee shall be given written notice of— (i) one month, or (ii) such other period as specified in a contract of service, where applicable, or payment of sal- ary for the appropriate period in lieu of notice. (3) Contract Employment (a) Notwithstanding the other provisions contained in this clause, the Managing Director may employ em- ployees on a fixed term contract. (b) Employees appointed for a fixed term shall be ad- vised in writing of the terms of the appointment and such advice shall specify the dates of commence- ment and termination of employment. 17.—CHRISTMAS CLOSEDOWN (1) The College may observe a closedown over the Christ- mas/New Year period. (2) The duration of the closedown will be at the discretion of the Managing Director, but shall not exceed seven (7) work- ing days. (3) Employees will be required to take annual leave, rostered days off, accrued days off, or time in lieu of overtime on the working days that the College is closed down. (4) The Managing Director shall as soon as possible, in each calendar year but not later than 30 June, advise employees of the period of closedown and the number of working days in- volved. (5) When taking leave during the year employees must be aware of the requirement to retain credits to cover the required number of days over the compulsory close down period. (6) New employees, employees who have exhausted their annual leave credits at the commencement of this Agreement, or employees who have been granted approval to utilise all leave credits shall be entitled to go into debit to cover the amount of leave involved, provided a refund is made by the employee, on termination, if credits to the value of the leave taken in advance have not been accrued. 18.—HIGHER DUTIES (1) An employee who undertakes duties of a higher classifi- cation for a period of 10 consecutive working days or more, inclusive of public holidays, shall be paid at the salary appli- cable to the higher level proportionate to the level of duties and responsibilities assigned. (2) The higher rate of payment will apply to an employee who proceeds on normal annual leave or any other approved leave of absence of not more than four weeks provided that the employee was in receipt of the additional payment for a continuous period of 12 months or more. 19.—SALARY PACKAGING (1) An employee may, by agreement with the employer, enter into a salary packaging arrangement in accordance with West- ern Australian Department of Training Flexible Remuneration scheme or any similar salary packaging arrangement offered by the Department. (2) Salary packaging is an arrangement whereby the entitle- ments under this agreement, contributing toward the Total Employment Cost (as defined) of an employee, can be reduced by and substituted with another, or other benefits. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2929 79 W.A.I.G. (3) For the purpose of this clause, Total Employment Cost (TEC) is defined as the cost of salary and other benefits ag- gregated to a total figure or TEC, less the cost of Compulsory Employer Superannuation Guarantee contributions. The TEC for the purposes of salary packaging, is calculated by adding: (a) The base salary; (b) Other cash allowances, e.g. annual leave loading, (c) Non cash benefits, e.g. superannuation, motor vehi- cles etc; (d) Any Fringe Benefit Tax liabilities currently paid; (e) Any commuted allowance; and (f) Any variable components, e.g. performance based incentives (where they exist). (4) Where an employee enters into a salary packaging ar- rangement they will be required to enter into a separate written agreement with the employer that sets out the terms and con- ditions of the arrangement. (5) The salary packaging arrangement must be cost neutral in relation to the total cost to the employer. (6) The salary packaging arrangement must also comply with relevant taxation laws and the employer will not be liable for additional tax, penalties or other costs payable or which may become payable by the employee. (7) In the event of any increase or additional payments of tax or penalties associated with the employment of the em- ployee under the salary packaging arrangement, or the provision of employer benefits under the salary packaging agreement, such tax, penalties and any other costs shall be borne by the employee. (8) In the event of significant increases in Fringe Benefit Tax liability or administrative costs relating to arrangements under this clause, the employee may vary or cancel a salary packaging arrangement. (9) The cancellation of salary packaging will not cancel or otherwise affect the operation of this Agreement. (10) An employer shall not unreasonably withhold agree- ment to salary packaging on request from an employee. (11) The Dispute Settlement Procedures contained in this Agreement shall be used to resolve any dispute arising from the operations of this clause. Where such a dispute is not re- solved, the matter may be referred by either party to the