Benchmark WA Industrial Relations Case Database

Branch and E D Oates Brushware Manufacturing. No. AG 294 of 1997. E.D. Oates Pty Ltd Brushware Manufacturing Enterprise Agreement 1997. 8 January 1997. Order. HAVING heard Ms S Ellery on behalf of the v Mr A Berry on behalf of the

(1998) 78 WAIG 616 Single Commissioner (WAIRC) 1997-01-08
Source
Not yet cited by other cases
APPLICANT: Branch and E D Oates Brushware Manufacturing. No. AG 294 of 1997. E.D. Oates Pty Ltd Brushware Manufacturing Enterprise Agreement 1997. 8 January 1997. Order. HAVING heard Ms S Ellery on behalf of the
RESPONDENT: Mr A Berry on behalf of the
This case hasn't been analysed yet.
Generate ratio, outcome, key facts, concept tags and cited-case edges. Takes ~15–30 seconds.
Sign in to analyse

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Concept tags · 3

[P]Enterprise agreement approval [P]Enterprise agreement variation [S]Wages — payment obligations
Archived text (1860 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, Western Australian Branch and E D Oates Brushware Manufacturing. No. AG 294 of 1997. E.D. Oates Pty Ltd Brushware Manufacturing Enterprise Agreement 1997. 8 January 1997. Order. HAVING heard Ms S Ellery on behalf of the applicant and Mr A Berry on behalf of the respondent, now therefore I the un- dersigned, pursuant to the powers conferred under the Industrial Relations Act, 1979 and by consent, do hereby order — THAT the agreement to be known as the “E.D. Oates Pty Ltd Brushware Manufacturing Enterprise Agreement 1997” be and is hereby registered in accordance with the following Schedule with effect from the 3rd day of De- cember 1997. (Sgd.) S.A. CAWLEY, [L.S.] Commissioner. Schedule. 1.—TITLE This agreement shall be known as the “E.D. Oates Pty Ltd Brushware Manufacturing Enterprise Agreement 1997”. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Application 4. Parties Bound 5. Statement of Intention 6. Period of Operation 7. Relationship to Parent Awards 8. Efficiency and Flexibility 9. No Further Claims 10. Wage Increases 11. Disputes Settlement Procedure Schedule A—Wage Structure Schedule B—Allowances 3.—APPLICATION (1) This agreement shall apply to— E.D. Oates Pty Ltd Brushware Manufacturing in respect of its operations at Lionel Street, Naval Base, and all employees engaged there under the terms and conditions of the following awards. * The Shop and Warehouse (Wholesale and Retail Es- tablishments) State Award 1977 * Brushmakers’ Award No 30 of 1959 * Plastic Manufacturing Award 1977 (2) The estimated number of employees affected as at July 1997 was 35. 4.—PARTIES BOUND (1) Employer Party E.D. Oates Pty Ltd Brushware Manufacturing. (2) Union Party The Australian Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers Division, West- ern Australian Branch. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 615 78 W.A.I.G. 5.—STATEMENT OF INTENTION There are two principal objectives associated with this agree- ment. These are— (1) The continuation and extension of plant efficiencies and flexibility’s intended to enhance international competitiveness. (2) The delivery of an 8% Award increase or $35.00 on an adult wage, whichever is the greater in recogni- tion of (1) above. 6.—PERIOD OF OPERATION This agreement shall operate from l July 1997 to 30 June 1999, and negotiations for a new agreement shall commence no later than 1 May 1999. 7.—RELATIONSHIP TO PARENT AWARDS (1) This agreement is to be read in conjunction with * The Shop and Warehouse (Wholesale and Retail Es- tablishments) State Award 1977. * Brushmakers’ Award No 30 of 1959. * Plastic Manufacturing Award 1977. (2) Where there is any inconsistency between this agree- ment and the Awards, this agreement shall take precedence to the extent of the inconsistency. 8.—EFFICIENCY AND FLEXIBILITY The following measures are to be maintained and enhanced where indicated for the duration of this agreement. (1) Employees’ Responsibility for Product Quality and Quan- tity (a) Each individual will assume responsibility for the product quality and quantity associated with his/her job function. This approach recognises that factors such as quality and quantity are every employees responsibility rather than the responsibility of a third party such as a quality department. (b) With appropriate training in the requirements to be met, individuals will be empowered to take control of their respective processes to ensure that the stated standards are being achieved and ultimately the per- formance requirements associated with the maintenance of the AS/NZS ISO 9002 quality stand- ards and procedures are being met. (2) Outside Work It is recognised by the parties that circumstances can and do arise which require componentry to be sourced from outside suppliers and for items of work to be assigned to outside con- tractors, providing no employee will suffer loss of normal earnings. (3) Standards Review and Operations Measurement (a) Performance measures currently in place requires that the standards designated for the work functions and processes within the organisation are accurate and appropriate (b) The reliability of these standards underwrites the va- lidity of the performance standards which are to be continually reviewed for each process. Therefore, it is considered appropriate by the parties that the stand- ards presently in place are reviewed as part of the process of developing the overall performance meas- ures. Ultimately, verification of the standards will ensure the capacity of employees to achieve the re- quirements defined by the performance measures. (c) An integral part of Standards review aimed at im- proved factory throughput is the requirement for wider measurement of factory activities including issues from raw material, cycle counts, finished goods transfers, direct and indirect labour application and the like. It is understood that all employees will co- operate with the management in this regard. (4) Direct/Indirect Shop Floor Labour Multi Skilling and Flexibility Complementary to the objectives of reviewing job designs and functions, it is considered appropriate to ensure effective utilisation of the workforce. Greater flexibility is required with respect to the use of direct and indirect shop floor employees. The implementation of this requires that employees, either di- rect or indirect, can be requested to carry out job functions which they have the appropriate skill and competency to perform. (5) Occupational Health and Safety (a) In compliance with Legislative requirements and Codes of Practice, employees will be required to conform with the Occupational Health and Safety policies and procedures applicable to their workplace and job function, including use of safety equipment. Whilst it is acknowledged that the enforcement of the discipline associated with the wearing of appro- priate safety equipment is a management task, this agreement seeks to share that responsibility and pro- mote self regulation. (b) The parties recognise that compliance by the em- ployees with these requirements will not only achieve a safer and healthier work place, it will also be acci- dent free which will result in a reduction of costs associated with the Workers Compensation Insur- ance, medical treatment, Common Law claims and lost time. It is a condition of this agreement that em- ployees acknowledge and support all efforts of management in the rehabilitation process to expe- dite resumption of work by an injured worker. (6) Protective Clothing In conjunction with the provision of safe working condi- tions the company proposes to issue a maximum of two sets of protective clothing per employee per year. Boots or shoes will be supplied as required or a $35.00 subsidy for the purchase of boots or shoes to the employees individual requirements. This clothing must be worn at all times on the job. Items in excess of this issue will be to the employees account. (7) Flexible Employment Arrangements (a) The use of additional non—permanent labour re- sources to cover peaks in product demand occasioned by the business cycle is required. Such employees will be paid at a rate of no less than that paid to per- manent or casual employees performing the same tasks where such employees are drawn from labour hire firms. (b) Consistent with the change in the business cycle any reduction in labour resources would be facilitated by the run down in the numbers of temporary employees who may be employed on the site. This action would therefore act as a safeguard to the employment of the permanent workforce. This clause shall not be con- strued to mean permanent positions to be filled by casual employees in the event that vacancies occur. (8) New Production Techniques and Work Methods This agreement envisages a continuation and extension to employee involvement in improved workplace layouts and work methods changes. Greater organisational flexibility may be called on to improve customer service. An adoption of the Total Quality philosophy commensurate with the attainment of AS/NZS ISO 9002 will be progressively expanded. Greater employee involvement in product design will be introduced to reduce costs and improve ease of manufacture. Where practi- cable employee expertise will be used to reduce costs. (9) Rotating Relief (a) Rotating Relief requires employees involved in vari- ous processes taking their relief breaks at varying times so as to facilitate the continuation of work with- out disruption. (b) This approach maximises machine utilisation and work flow through the production processes. The parties recognise the gains achieved through this process and will support its application in all appro- priate areas. (10) Hours of Operation The ordinary hours of work may be worked on any or all days of the week Monday to Friday inclusive and, except in the case of shift employees, shall be worked between the hours of 6.00am and 6.00pm. Hours of work shall be worked in ac- cordance with a roster agreed by a majority of affected employees and approved by the union. No less than a weeks notice will be provided or by mutual agreement. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 616 (11) Long Service Leave Consistent with the objective upon which Long Service Leave was included within the award it is considered appropriate that individual employees take leave upon an entitlement failing due. This action ensures the individual takes the prescribed period away from the work place at the due time and reduces the company leave liability. (12) Absenteeism Management (a) Reducing the level of absenteeism is consistent with the objectives of improving efficiency and produc- tivity levels. This approach takes account of the following factors— * Performance measures and operational meas- ures. * Employee responsibility for quality and quan- tities produced. * Multi skilling of employees. * On and off the job training requirements. (b) All the above factors contribute to the nominated ob- jectives and in this context employee attendance is an essential element. The current rate of absentee- ism is 5.7% and a target has been set for the agreement period of 3.00% where the following will apply. (c) Employees shall wherever practical telephone before 10.00am to advise of absence. This prompt advice of absence and possible length of absence allows management to plan accordingly. (d) Except where an employee is dismissed for proven gross misconduct all employees will be paid on ter- mination for sick leave accumulated from the date of ratification of this agreement. (13) Identifying and Providing Training Consistent with the need for multi skilling and with the ad- vent of new processes and procedures, it is understood that employees will avail themselves of shop floor and conference room training, VAM group sessions and the like as a need is identified. The parties agree to work together to identify all areas of training required within the life of this agreement. Employees will be encouraged to take training on a voluntary basis. All training will be as required and approved, and in paid time. (14) Cost Reduction It is understood that all employees recognise the continuous need for cost reduction in all aspects of the operations. The co-operation with the management in this regards to ensure a competitive, productive operation is considered vital. (15) Punctuality Employees acknowledge that punctuality regarding set work- ing time is a critical element in meeting the efficiency and flexibility clauses contained in this agreement. 9.—NO FURTHER CLAIMS There shall be no extra wage claims during the life of the agreement relating to any issue contained in the agreement, except where consistent with decisions of