WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers and J & P Metals Pty Ltd. AG 128 of 1999. J & P Metals Demolition Industrial Agreement. COMMISSIONER S J KENNER. 6 October 1999. Order. Having heard Ms L Dowden on behalf of the applicant and there being no appeareance 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 J & P Metals Demolition Industrial Agree- ment as filed in the Commission on 21 July 1999 in the terms of the following schedule be and is hereby regis- tered as an industrial agreement. (Sgd.) S. J. KENNER, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement will be known as the J & P Metals Demoli- tion Industrial Agreement. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Aims and Objectives of this Agreement 6. Term and Renewal of Agreement 7. Wages and Allowances 8. Clothing 9. Hours of Work 10. Sick Leave 11. Dispute Settlement Procedure 12. Safety Dispute Resolution 13. First on Last Off 14. Overtime 15. Company Based Incentive Scheme 16. Industry Standards 17. Training Allowance, Training Leave, Recognition of Prior Learning 18. Pyramid Sub-Contracting 19. Fares and Travelling 20. Drug and Alcohol, Safety and Rehabilitation Pro- gram 21. Income Protection 22. No Extra Claims 23. Signatories to the Agreement Appendix A—Wage Rates Appendix B—Drug and Alcohol, Safety and Reha- bilitation Program 3.—AREA AND PARTIES BOUND This is an Agreement between The Western Australian Build- ers’ Labourers, Painters & Plasterers Union of Workers) (hereinafter referred to as the “Union”) and J & P Metals Pty Ltd (hereinafter referred to as the “Company”) in the State of Western Australia. 4.—APPLICATION 1. This Agreement shall be binding on the Company, the Union and its’ officers and employees eligible to be members of the Union employed by the Company, on demolition work covered by the terms of the Building Trades (Construction) Award 1987, No. 14 of 1978 (the relevant Award), on sites where the unions commerical construction Agreement applies. There are approximately six (6) employees covered under this agreement. 2. The additional over award payments outlined in clause 7 shall only apply on projects in excess of $75,000 or where the contractor is engaged to carry out work for a Building Con- tractor who has signed an EBA with the BLPPU. 3. The provisions of this Agreement are in addition to enti- tlements specified in the relevant Award and where there is an inconsistency the Agreement shall prevail. 5.—AIMS AND OBJECTIVES OF THE AGREEMENT The Objectives of this Agreement are to— 1. Increase the efficiency of the Company by the effec- tive use of the skills and commitment of the employees of the Company. 2. Improve the living standards, job satisfaction and continuity of employment of the Company’s employ- ees. 3. Develop best practice standards that are based upon a culture of opportunity, continuous learning and im- provement through training. 4. Ensure that increases in efficiency on the job are im- plemented in such a way as to ensure that health and safety standards in the industry are maintained. 5. Provide a mechanism by which disputes can be re- solved quickly and in a manner which shall avoid lost time. 6.—TERM AND RENEWAL OF AGREEMENT 1. This Agreement shall come into operation from the date of signing and shall remain in force until 31 October 1999. 2. The parties agree to commence discussions on the terms and conditions of any future Agreement three calendar months prior to the expiration of this Agreement. 7.—WAGES AND ALLOWANCES 1. Wage increases in this Agreement will be granted in ac- cordance with an agreed skills enhancement programme. Any agreed programmes will provide training in NBCITC accred- ited general common and task specific skills. 2. The parties shall monitor the introduction of any skills enhancement programme. 3. Employees will be classified into the following catego- ries, although employees will not be precluded from moving to a higher category, where they have been employed for the specified periods, for the lack of appropriate training— (a) Entry Level Demolition Worker This category will apply to a new employee with little or no demolition experience who will undergo assessment, for a period not exceeding 10 weeks, of suitability for continued employment, after which time employees will be offered training in a basic demolition course agreed to by the Company and the Union. Employees in this category will be expected to dem- onstrate a safety conscious work attitude, an aptitude for demolition work, good housekeeping practices and productive and diligent work ethics. In addition to other allowances prescribed by the Award and this Agreement, employees in this cat- egory will be paid as a Builders’ Labourer Group 3 as outlined in Appendix A—Wage Rates. The Company shall not employ more than 25% En- try Level employees in any demolition team. (b) Basic Demolition Worker This category will apply to an employee who has completed the requirements of an Entry Level Worker and who is gaining knowledge and experience on- site in general demolition skills, including sound knowledge of the Occupational Health, Safety and Welfare Act 1984, as amended. In addition to the requirements of the Entry Level Demolition Worker employees will be expected to demonstrate safety conscious work practices and an understanding of demolition work. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3317 79 W.A.I.G. An employee in this category will be, after a period not exceeding 13 weeks, classified as a Skilled Demo- lition Worker and will be offered further training in a demolition course agreed to by the Company and the Union. In addition to the other allowances prescribed by the Award and this Agreement, employees in this cat- egory will be paid as a Builders’ Labourer Group 2 as outlined in Appendix A—Wage Rates. (c) Skilled Demolition Worker This category will apply to an employee who has completed the requirements of a Basic Demolition Worker who has a broad knowledge of demolition work. In addition to the requirements of the Basic Demoli- tion Worker employees will be expected to assist with the on-the-job training and guidance in public and workplace safety; general demolition skill; and the plant, equipment and methods utilised, of Entry Level and Basic Demolition Workers. In addition to other allowances prescribed by the Award and this Agreement, employees in this cat- egory will be paid as Builders’ Labourer Group 1 as outlined in Appendix A—Wage Rates. 4. Unless otherwise agreed in writing between the Com- pany and the Union, employees will be paid an allowance of $4.50 per hour worked to compensate for the additional dis- abilities associated with demolition work— 5. This rate is in lieu of Clause 9 of the Award or allowances contained in particular site agreements. 8.—CLOTHING The following clothing will be supplied to all employees and will be replaced on a fair wear and tear basis— (a) 1 pair safety boots (b) 2 T-shirts (c) 1 bluey jacket. 9.—HOURS OF WORK Unless otherwise agreed in writing between the Company and the Union, and in addition to the provisions of clause 13 of the Award, a further productivity incentive of one paid day off every four week period will be given to each employee. For all other purposes of the Award and this Agreement, the productivity day off shall be treated as if it had been worked. 10.—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. 11.—DISPUTE SETTLEMENT PROCEDURE The dispute settlement procedure that shall apply to this Agreement shall be the same as that outlined in the Award. 12.—SAFETY DISPUTE RESOLUTION 1. It is agreed the Company and their employees have a re- sponsibility to ensure that workplaces are safe and that employees are not exposed to hazards. 2. In the event of any disagreements on the necessity to carry out any safety measure or modify, reinforce or reinstate any safety device whatsoever, the procedures set out in this clause will be adopted. 3. No person shall dismiss a safety complaint. Any com- plaint should be referred to the Company’s safety officer or worker’s safety representative to be dealt with in accordance with the following procedures— (a) Where any employee becomes aware of an unsafe situation, that employee will immediately notify the Company’s safety officer or the worker’s safety rep- resentative. (b) The Company’s safety officer and the worker’s safety representative will take immediate action to have the unsafe situation rectified. (c) Should the Company’s safety officer consider that no safety precautions are necessary, he/she will no- tify the worker’s safety representative accordingly as soon as possible. (d) While there is disagreement on the ruling of the Com- pany’s safety officer, the Company’s safety officer will arrange for the immediate transfer of all em- ployees from the disputed area. (e) Should the Company’s safety officer be of the opin- ion that no action is necessary and the employees’ safety representative disagrees, an appropriate inspec- tor from Worksafe will be requested to undertake an inspection of the disputed area for the purpose of resolving any such matter. (f) If disagreement still exists the chief inspector, con- struction branch of Worksafe or his/her nominee will be called in to assist in the resolution of the dispute. (g) If no agreement can be reached between the parties the matter may be referred to the