WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, Western Australian Branch and Vaughan Castings (A Division of Evans Deakin Engineering Pty Ltd). No. AG 374 of 1997. Vaughan Castings Enterprise Bargaining Agreement. CHIEF COMMISSIONER W.S. COLEMAN. 29 June 1998. Order. HAVING heard Mr J. Fiala on behalf of the Applicant and Mr R. Rath appeared on behalf of the Respondent, and by con- sent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Vaughan Castings Enterprise Bargaining Agreement in the terms of the following schedule be reg- istered on the 21st day of April 1998. (Sgd.) W.S. COLEMAN, [L.S.] Chief Commissioner. Schedule. CONTENTS No. Part A—FORMALITIES AND DEFINITIONS 1 Title 2 Objectives of Agreement 3 Parties Bound 4 Application of this Agreement 5 Date and Period of Operation 6 Relationship to Parent Award 7 No Extra Claims 8 No Reduction 9 Copy of Agreement 10 Definitions Part B—FLEXIBLE WORKING ARRANGE- MENTS 11 Classification and Duties 12 Hours of Work 13 Shift Work 14 Stand Down 15 Meal and Tea Breaks 16 Overtime 17 Consecutive Hours Off Duty 18 Sick and Family Leave 19 Sick and Family Leave Bonus 20 Annual Leave 21 Parental Leave 22 Long Service Leave 23 Public Holidays 24 Bereavement Leave 25 Probationary Period 26 Termination Part C—PRODUCTIVITY AND PAY 27 Pay Periods 28 Method of Payment 29 Minimum Rates of Pay 30 Allowances 31 Superannuation 32 Wage Increases Part D—OTHER PROVISIONS 33 Travel Insurance 34 Consultative Mechanism in the Workplace 35 Dispute Resolution 36 Notification of Significant Effect and Redundancy 37 Safety Standards and Practices 38 Personal Behaviour and Disciplinary/Warning Sys- tem 39 Uniforms, Equipment and Tools 40 Inspection of Records 41 Union Notices 42 Junior Employees 43 Representatives Interviewing Staff 44 Signatories Part A—FORMALITIES and DEFINITIONS 1.—TITLE This Agreement shall be referred to as the Vaughan Cast- ings Enterprise Bargaining Agreement 1996. 2.—OBJECTIVES OF AGREEMENT The objectives of this Agreement are to assist Vaughan Cast- ings and its employees in their commitment to— 1.1 Introduce new a flexible work arrangements that are suited to both the needs of the business and the em- ployees; 1.2 Fostering a culture that encourages a spirit of co- operation and trust; 1.3 Developing a reputation for providing excellent cus- tomer relations. 1.4 Fully utilising the plant to ensure maximum return on investment in capital and therefore the continued viability of the business. 2.5 Reducing the amount of rejected work which will reduce costs and ensure delivery deadlines are met. Achieving the above objectives will enable Vaughan Cast- ings to provide greater job security for employees and returns on investment for shareholders. 3.—PARTIES BOUND (1) The parties to this Agreement are— 1.1 Vaughan Castings a Division of Evans Deakin Engi- neering Pty Ltd., 19 Russell Road, Henderson WA 6166 (acn 069 158 954). 1.2 Communications, Electrical, Electronic, Energy, In- formation, Postal, Plumbing and Allied Workers’ Union of Australia, Engineering and Electrical Di- vision, WA Branch (CEPU). (2) The terms of this Agreement shall be binding upon— 2.1 All Employees, whether members of the CEPU or not, engaged in any of the occupations or callings specified in the Metal Trades (General) Award 1966, No 13 of 1965 and engaged in the Russell Road Henderson Site. 2.2 The total approximate numbers of employees bound by this Agreement is Twelve (12). 4.—APPLICATION OF THE AGREEMENT (1) This Agreement shall apply at the establishment of Vaughan Castings., 19 Russell Road, Henderson WA 6166, in respect of all employees who are engaged in any of the occupations, or callings specified in the Metal Trades (Gen- eral) Award 1966, No 13 of 1965. (2) This Agreement will not apply to any employee who is a party to a workplace agreement. 5.—DATE AND PERIOD OF OPERATION (1) This Agreement shall operate from the first pay period on or after 13 December 1996 and shall remain in force for a period of two (2) years from the 1 January 1997. (2) The parties agree to review this Agreement two months prior to its expiry. 6.—RELATIONSHIP TO PARENT AWARD (1) Where stated in clauses in this Agreement the clause shall totally replace the applicable clause in the Metal Trades (Gen- eral) Award 1966, No 13 of 1965. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2892 (2) Provided further that the following clauses in the Metal Trades (General) Award 1966, No 13 of 1965 are specifically excluded from being read into this Agreement. No. Title No. Title 7 Higher Duties 8 Under Rate Employees 9 Apprentices 11 Part Time Employment 12 Cadets 18 Special Rates and Provisions 17 Time & Wages 20 Fares and Travelling Time Records 19 Car Allowance 22 Location Allowance 21 Distant Work 28 Board of Reference 27 Posting of Award 36 Traineeships & Union Notices Part II—Construction Work 35 Training Appendices 1—4 inclusive 7.—NO EXTRA CLAIMS (1) The parties to this Agreement and employees covered by this Agreement agree that there shall be no extra claims what- soever before the expiry of this Agreement. Any increases consistent with a State Wage Case decision will be absorbed into the existing wage rates. (2)Provided that should the wage rate specified in the Award exceed the wage rates payable under this Agreement the Award wage rates will apply. 8.—NO REDUCTION (1) This Agreement shall operate as to cause no reductions in the WA Industrial Relations Commission standards for hours of work, rates of pay, annual leave and long service leave for employees covered by this Agreement. 9.—COPY OF AGREEMENT (1) A copy of the Agreement will be provided to each em- ployee, not a party to a signed workplace agreement, after it is registered by the Western Australian Industrial Relations Com- mission. The registered Agreement will also be available for inspection at the workplace. 10.—DEFINITIONS (1) “Agreement” shall mean the Vaughan Castings a Divi- sion of Evans Deakin Engineering Pty Ltd., Enterprise Bargaining Agreement 1996. (2) “Award” shall mean in the Metal Trades (General) Award 1966, No 13 of 1965 (3) “Commission” shall mean the Western Australian In- dustrial Relations Commission. (4) “Ordinary Hours” shall mean the hours of work speci- fied in Clause 12. Hours of Work, of this Agreement. (5) “Ordinary rate of pay” shall mean the rate of pay pro- vided in this Agreement for ordinary hours worked. Part B—FLEXIBLE WORKING ARRANGEMENTS 11.—CLASSIFICATION AND DUTIES (1) The employee is required to perform any duties that are within the limits of the employee’s skills, competence and train- ing and use such equipment as may be required, provided appropriate training has been undertaken. The provisions of clause 5—Definitions & Classification Structure of the Metal Trades (General) Award 1966, No 13 of 1965 shall, unless inconsistent with this Agreement be read into this Agreement. 12.—HOURS OF WORK (1) The ordinary hours of work shall be worked between 6.00 am and 6.00 pm Monday to Friday inclusive. (2) Employees shall work 38 ordinary hours per week. (3) Ordinary hours shall not exceed 10 hours on any day. (4) Apprentices will be allowed time off, paid at ordinary time rates, to attend training required as part of their appren- ticeship. This clause shall totally replace clause 13—Hours in the Metal Trades (General) Award 1966, No 13 of 1965. 13.—SHIFT WORK (1) Shift work shall be deemed when the ordinary hours of work commence or finish outside of the hours of 6.00 am to 6.00 pm Monday to Friday inclusive. (2) The loading for ordinary hours of work performed on shift work, whether afternoon or night shift, shall be 16.5% Monday to Friday inclusive. (3) The first afternoon or night shift in any week may start on a Sunday to enable the employee to have Friday night off work. In such case, any time worked on a Sunday shall be deemed to be ordinary hours. (4) The loading for ordinary hours of work performed on shift work, in accordance with subclause (3) above, whether afternoon or night shift, on a Sunday shall be 30%. (5) 5.1 A shiftworker, whilst on afternoon or night shift, shall be paid double time for all overtime hours worked on afternoon or night shift except Public Holidays where they will be paid at double time and one half for all overtime hours. 5.2 Overtime worked on day shift on a Saturday up to 12.00 pm, shall be paid at the rate of time and a half of the employee’s minimum hourly rate for the first two hours and double time thereafter. 5.3 These rates shall be paid in lieu of shift work load- ing prescribed in subclause (2) & (4) of this clause. This clause shall totally replace clause 15—Shift Work in the Metal Trades (General) Award 1966, No 13 of 1965. 14.—STAND DOWN (1) Where the employer, for any cause outside of the em- ployer’s control, or through industrial action, whether or not on the part of the employee, is unable to provide useful work for the employee the employer shall be entitled not to pay the employee in respect of any such period; provided that the employee may elect to have any such period paid, where there is an adequate outstanding entitlement, as— 1.1 annual leave; or 1.2 long service leave. (2) Any period for which the employee is not paid due to being stood down will count as service for the accrual of leave to which the employee would otherwise be entitled, provided that the employee resumes work as required at the end of such period. 15.—MEAL & TEA BREAKS (1) A paid tea break of fifteen (15) minutes will be provided approximately 2.5 hours after the commencement of a shift. (2) An unpaid meal break of not less than thirty (30) min- utes and not exceeding one (1) hour will be provided approximately 5 hours after the commencement of a shift. (3) All employees are required to take their meal break around these times, which may be subject to variation depending on production schedules. (4) The employee is required to have the approval of their Leading Hand or Supervisor if they wish to work through a break. This clause shall totally replace clause 13 (1) (f) & (g)- Hours in the Metal Trades (General) Award 1966, No 13 of 1965. 16.—OVERTIME (1) The employee agrees to work reasonable overtime on request. (2) Reasonable overtime is up to two (2) hours per day and a total of six (6) hours per week. Provided that by mutual agree- ment additional overtime can be worked. (3) Where ever practicable a minimum of four (4) hours no- tice will be given when the employee is required to work overtime. (4) Overtime worked on weekdays, or Saturdays up to 12.00 pm, shall be paid at the rate of time and a half of the employ- ee’s minimum hourly rate for the first two hours and double time thereafter. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2893 78 W.A.I.G. (5) When an employee is recalled to work after leaving the job— 5.1 the employee shall be paid for at least three (3) hours at overtime rates; 5.2 time reasonably spent in getting to and from work shall be counted as work time. This clause shall totally replace clause 14—Overtime in the Metal Trades (General) Award 1966, No 13 of 1965. 17.—CONSECUTIVE HOURS OFF DUTY (1) Where an employee is required to work overtime it will, wherever reasonably practicable, be arranged to allow at least ten (10) consecutive hours off duty before recommencing work. (2) If the employee is instructed by the employer to return to work without having had ten (10) consecutive hours off duty, the employee will be paid at double time rates until released from duty and will be entitled to be absent for a period of ten (10) consecutive hours off duty without loss of pay for ordi- nary working time occurring during such absence. (3) This clause will also apply if a call out in accordance with clause 16.5 continues beyond three (3) hours. This clause shall totally replace clause 14—Overtime in the Metal Trades (General) Award 1966, No 13 of 1965. 18.—SICK & FAMILY LEAVE (1) For the term of this Agreement sick and family leave shall accrue pro-rata on a weekly basis to a maximum of ten (10) days or seventy six (76) hours per annum. (2) Family is a member of the employees immediate family or members of the employee’s household who need their care and support. (3) Sick and family leave not taken or paid out will accumu- late from year to year and be available as paid sick and family leave. (4) The employee shall be entitled to be absent without loss of pay on account of personal ill health or injury or and family illness until all of the employees sick and family leave entitle- ments have been exhausted. (5) Sick and family leave will not be paid for injuries or illness arising from the serious/wilful misconduct or gross/ wilful neglect of the employee, unless agreed by the employer. (6) The employee shall be entitled to two (2) absences of two (2) days or less each year without a Medical Certificate. (7) Provided that when the employee has exhausted such absences, the employer shall notify in writing that the em- ployee shall provide Medical Certification for any subsequent remaining days due to family or personal sickness. (8) Where practicable the employee shall notify the employer within two (2) hours of commencement of shift that they are unable to attend for work due to family or personal sickness. (9) Upon resumption of work the employee shall complete an “Application for Paid Sick and Family Leave” form. (10) Nothing in this clause prevents the employer dealing with particular cases in a more generous basis. This clause shall totally replace clause 24—Absence Through Sickness in the Metal Trades (General) Award 1966, No 13 of 1965. 19.—SICK AND FAMILY LEAVE BONUS (1) As an incentive to reduce absenteeism through sick leave the employee shall be able to convert a portion of sick leave, accumulated under this Agreement, to cash. The conversion will take place on the date on the annual anniversary of the signing of this Agreement. No payment will be made unless the employee is still employed by the employer at that time and has been working under this Agreement for at least 12 months. (2) If the employee chooses to convert part of their sick and family leave to cash it will be in accordance with the follow- ing table. No. of Days Off in a Year No. of Days Paid Out Nil 5 1. 4 2. 3 3. 2 4 1 5 or more Nil (3) Any sick and family leave converted to cash will no longer be available to be taken as paid sick leave. 20.—ANNUAL LEAVE (1) Annual leave shall accrue pro-rata on a weekly basis to a maximum of 4 weeks (152 hours) and will, unless mutually agreed otherwise, be available to be taken after each 12 months of employment. (2) Annual leave loading, calculated at 17.5% of the em- ployees minimum weekly rate will be provided at the time of taking annual leave. (3) Where ever possible annual leave is to be taken at a mu- tually agreed time, failing agreement, the employer can direct an employee to take annual leave. (4) The employer is to give the employee at least 1 weeks’ notice of the period and commencement date which the em- ployer requires the employee to take annual leave. (5) The employer can roster staff to take annual leave in periods of up to two (2) weeks or, if mutually agreed, in lesser periods. (6) Annual leave may be taken, by mutual consent in peri- ods of one day or more. (7) Annual leave will not accrue during periods of unpaid leave. This clause shall totally replace clause 20—Holidays & Annual Leave in the Metal Trades (General) Award 1966, No 13 of 1965. 21.—PARENTAL LEAVE (1) The employee, after 52 consecutive weeks of service prior to the birth or placement of a child, shall be entitled to a maximum of 52 weeks parental leave, for the birth or adop- tion of a child, without pay. (2) The employee shall give the employer at least 10 weeks’ written notice of the intention to take parental leave. (3) Maternity leave is to start six (6) weeks before the ex- pected birth unless a medical practitioner has certified the employee fit to continue work. (4) The employee who is seeking to take paternity leave is to provide the employer a certificate from a medical practi- tioner stating that the employee or the employees spouse is pregnant and the expected date of birth. (5) The employee is to notify the employer of the intended dates on which parental leave is to start and finish. These dates are to be agreed between the employee and employer. (6) The employee is not entitled, except for one weeks’ pa- rental leave taken by the male parent immediately after the birth of the child; or the placement of a child for adoption, to take parental leave at the same time as the employees spouse. (7) The employee is to give the employer, a statutory decla- ration, notifying the particulars of any period of parental leave taken or to be taken by the employees spouse in relation to the same child. (8) On finishing parental leave the employee will either be returned to the permanent position held immediately prior to parental leave or, if that position is not available, to an avail- able position within the limits of the employees skills, competence and training that is comparable in pay and status to the employee’s former position. This clause shall totally replace clause 30—Maternity Leave in the Metal Trades (General) Award 1966, No 13 of 1965. 22.—LONG SERVICE LEAVE (1) The employee shall be entitled to Long Service Leave under the provisions of the Long Service Leave Act No 44 of 1958. (2) The Act provides for 13 weeks leave with pay after 15 years continuous employment. (3) If the employee’s employment is terminated for any rea- son, other than for gross misconduct, payment of leave is pro rata after seven (7) years continuous service during the first qualifying period. This clause shall totally replace clause 25—Long Serv- ice Leave in the Metal Trades (General) Award 1966, No 13 of 1965. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2894 23.—PUBLIC HOLIDAYS (1) Public holidays are those days nominated by the Mini- mum Conditions of Employment Act 1993 as public holidays. (2) Gazetted public holidays are currently: New Years Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Queens Birthday, Christmas Day, Boxing Day. (3) Where a public holiday is not worked it will be paid as if it were the employees normal rostered shift except that shift work penalty will not be paid. (4) Nominated public holidays may be required to be worked and will be paid at one and a half times the employees mini- mum hourly rate plus an additional day will available to be taken in conjunction with the employees annual leave. No an- nual leave loading applies to days that accumulate through working on a public holiday. (5) An employee who would usually work on a Sunday has the following options instead of working the Sunday shift prior to a Public Holiday— 5.1 Work the Friday preceding the Public Holiday; or, 5.2 Apply for, and be granted, one day annual leave; or, 5.3 Apply for, and be granted, one day leave without pay This clause shall totally replace clause 20—Holidays & Annual Leave in the Metal Trades (General) Award 1966, No 13 of 1965. 24.—BEREAVEMENT LEAVE (1) The employee shall be entitled to a maximum of two (2) days without loss of pay and on production of satisfactory evidence of the death of the employee’s husband, wife, father, mother, sister, brother, child, stepchild, grandparents or par- ents-in-law. For the purpose of this clause the words “wife” and “husband” shall include de facto wife or husband and the words “father” and “mother” shall include foster father or mother and stepfather or mother. (2) The foregoing provisions are not intended to limit the employer dealing with particular cases in a more generous basis. This clause shall totally replace clause 29—Bereavement Leave in the Metal Trades (General) Award 1966, No 13 of 1965. 25.—PROBATIONARY PERIOD (1) A probationary employee’s engagement may be termi- nated at any time, with one (1) hours notice, by either party, on a without fault basis, during the first eight (8) weeks of employment. 26.—TERMINATION (1) Where notice is required to be given the minimum pe- riod of notice is as follows— Continuous service Period of notice Probationary period at least 1 hour or payment or forfeiture, in lieu of this period. Not more than 1 Year — at least 1 week or payment or forfeiture, in lieu of this period. More than 1 year but — at least 2 weeks or payment or not more than 3 years forfeiture, in lieu of this period. More than 3 years but — at least 3 weeks or payment in not more than 5 years lieu or forfeiture, of this period. More than 5 years — at least 4 weeks or payment or forfeiture, in lieu of this period. (2) If the employee is over 45 years old and has completed at least 2 years continuous service the period of notice will be increased by one (1) week. (3) In the event of the minimum period of notice not being given by the employer, the employee shall be paid, at ordinary rates, for the period equal to the difference between the actual notice given and the minimum period of notice required. (4) In the event of the minimum period of notice not being given by the employee, the employee shall forfeit to the employer monies owed equal to the amount the employee would have earned, at ordinary rates, for the period equal to the difference between the actual notice given and the mini- mum period of notice required. The employer may instantly dismiss an employee for seri- ous or on-going breaches of the contract of employment or serious and wilful misconduct. In such cases payment will be made up to the time of dismissal. (6) Casual Employees 6.1 The period of notice of termination in the case of a casual employee shall be one hour. 6.2 If the required period of notice is not given one hour’s wages shall be paid by the employer or forfeited by the employee. 6.3 An employee shall be deemed to be a casual em- ployee— 6.3.1 if the expected duration of the employment is less than one month, or 6.3.2 the employee is dismissed through no fault of their own within eight (8) week’s of commenc- ing employment. (7) Part Time Employment 7.1 A part time employee may be engaged to work for a constant number of hours each week which shall average less than 38 hours per week. (8) Absence From Duty 8.1 The employer shall be under no obligation to pay for any day not worked upon which the employee is re- quired to present for duty, except when such absence is due to the employee being on authorised paid leave to which the employee is entitled under the provi- sions of this Agreement. This clause shall totally replace clause 6—Contract of Service in the Metal Trades (General) Award 1966, No 13 of 1965. Part C—PRODUCTIVITY AND PAY 27.—PAY PERIODS (1) Pay periods are weekly. The pay period begins on Wednes- day and ends Tuesday with payment being credited, unless exceptional circumstances exist, by the following Thursday. (2) Accompanying each payment shall be a pay advice slip to be retained by the employee. On this slip the employer shall clearly detail the gross wages, its composition, the net wages payable and show details of each deduction. 28.—METHOD OF PAYMENT (1) The employee will be paid by means of a credit transfer to a bank, building society or credit union account in the name of the employee. This clause shall totally replace clause 16—Payment of Wages in the Metal Trades (General) Award 1966, No 13 of 1965. 29.—MINIMUM RATES OF PAY (1) The employee shall be paid a weekly rate in lieu of all other penalties and allowances not specified in this Agreement. (2) The minimum weekly rate is based on 38 ordinary hours per week. (3) An employee may be reclassified to a higher level dur- ing the life of this Agreement. Reclassification will take account of various factors including the acquisition of skills by the employee and the needs of the employer. (4) Probationary Employee Rate 4.1 Where appropriate a probationary employee will be paid a rate of pay that reflects the employee’s proba- tionary status. Where this provision applies the minimum rate specified can apply for up to the first eight (8) weeks worked. (5) Minimum Adult Rates 5.1 The minimum rate payable weekly to adult employ- ees (other than apprentices) classified under a defined WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2895 78 W.A.I.G. level specified in Clause 5 Definitions and Classifi- cation Structure of the Metal Trades General Award 1966, No 13 of 1965, shall be as follows— Wage Current Minimum Rate Minimum Rate 12 Group Minimum Signing of months after Rate Agreement—4% Signing of Agreement—4% C14 $375.00 $390.00 $405.60 C13 $390.00 $405.60 $421.82 C12 $415.00 $431.60 $448.86 C11 $440.00 $457.60 $475.90 C10 $475.00 $494.00 $513.76 C9 $495.00 $514.80 $535.39 (6) All increases will take effect from the first pay period on or after the date of signing of this Agreement and on or after the annual anniversary date of the signing of this Agreement. (7) The rates of pay will be aggregated to encompass all supplementary payments and Safety Net Adjustments. (8) Apprentices 8.1 Apprentices will have the weekly rate increased to coincide with the satisfactory completion of each period of their apprenticeship. The timing and amount of the increase will be in accordance with the fol- lowing timetable. 8.2 The minimum weekly rates of pay for Apprentices are expressed as a percentage of the C10 Engineer- ing tradesperson’s rate specified in this Agreement. Four Year Term % First year 42 Second year 55 Third year 75 Fourth year 88 Three and a Half Year Term % First six months 42 Next year 55 Next year 75 Final year 88 Three Year Term % First year 55 Second year 75 Third year 88 (9) Junior Employees 9.1 The minimum weekly rates of pay for junior em- ployees are expressed as a percentage of the C13 Engineering base rate specified in this Agreement. % Under 16 years of age 35 16 years of age 45 17 years of age 55 18 years of age 65 19 years of age 78.5 20 years of age 93 (10.) A casual employee shall be paid 20 percent of the ordinary rate in addition to the ordinary rate for the calling in which he/she is employed. This clause shall totally replace clause 31—Wages & Sup- plementary Payment in the Metal Trades (General) Award 1966, No 13 of 1965. 30.—ALLOWANCES (1) Where the employee is engaged on foundry work they will be paid an allowance of $0.25 cents for each hour actu- ally worked. The allowance is not paid to time worked when shift loading or overtime penalty applies. (2) Where the employee has spent the majority of their work- ing day engaged in a Pouring Crew they may, at the direction of the Foundry Manager be paid an allowance of $0.50 cents for each hour actually worked. The allowance is not included in the calculation of shift loading or overtime penalty. (3) If the employee is the holder of a current Third year first aid medallion of the St. John Ambulance Associations or a “C” Standard first aid certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties, an allowance of $ 6.35 per week will be paid. (4) A minimum Leading Hand allowance of $17.50 per week will be paid, in addition to the minimum rate of pay, in recog- nition of the employee being in charge of other employees. (5) 5.1 Where a tradesperson is required to provide their own tools the employer will pay a Tool Allowance (all purpose) of $9.70 per week. 5.2 Where applicable, apprentices shall receive the ap- propriate proportional amount. (6) Where an employee is required to work three or more hours overtime without the employer having provided a mini- mum of twelve (12) hours notice or having provided the employee with a suitable meal, the employee will be paid a meal allowance of $6.60. This clause shall totally replace clause 31—Wages & Sup- plementary Payment in the Metal Trades (General) Award 1966, No 13 of 1965. 31.—SUPERANNUATION (1) Superannuation contributions, for the employee, shall be made by the employer in accordance with requirements of the Superannuation Guarantee Charge Act 1992 and section 49C of the Industrial Relations Act. The contributions are based on the ordinary time earnings of the employee. (2) Currently the employer contribution is 6%. This clause shall totally replace clause 33—Superannua- tion in the Metal Trades (General) Award 1966, No 13 of 1965. 32.—WAGE INCREASES The following wage increases shall apply during the life of this Agreement. 1.1 4.00% from the first pay period on or after the date of signing of this Agreement for all employees cov- ered by this Agreement on their ordinary hourly rate of pay. 1.2 4.00% from the first pay period on or after the an- nual anniversary date of the signing of this Agreement for all employees covered by this Agreement on their ordinary hourly rate of pay in addition to (a) above. Part D—OTHER PROVISIONS 33.—TRAVEL INSURANCE (1) The employer holds an insurance policy which insures employee’s for loss of income resulting from an accident whilst travelling to and from the employees’ residence to their usual place of work provided they are using their normal route. The cover is limited to a maximum gross wage of $1,000 for a maximum period of 104 weeks. Other conditions apply. (2) Further information is available from the employer on request. 34.—CONSULTATIVE MECHANISM IN THE WORKPLACE (1) The Employer will establish a consultative mechanism. 1.1 The consultative mechanism is to be used by the par- ties to the Agreement to co-operate positively to increase the efficiency and productivity of the workplace. (2) Role of Workplace Consultative Committee 2.1 The role of the workplace consultative committee shall include, but not be limited to the following— • Discuss workplace issues or disputes. • Be the focal point for the collection of infor- mation and its dissemination to all employees. • Be used to discuss any issue which impacts on work practices and/or socio-economic sta- tus of employees. • Conduct and oversee the information gather- ing necessary before effective negotiations on workplace Agreement issues. • Implement and oversee changes agreed to by the Enterprise Consultative Committee. • Resolve issues arising out of this process where possible. • Provide feedback and minutes of the meeting to other the employees. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 2896 (3) Employee members of the workplace consultative com- mittee will be nominated (including elected if necessary) by the employees. (4) The committee will consist of a maximum of four (4) employee members, one of whom will be elected by employ- ees covered by this Agreement, and a maximum of four (4) representatives nominated by Management. (5) The workplace consultative committee will meet at least once in every two months, unless otherwise agreed to by the parties in the enterprise. 35.—DISPUTE RESOLUTION In the event of a problem, grievance, question, dispute or difficulty arising out of this Agreement that affects one or more employees, or from the employees work or contract of em- ployment at Vaughan Castings, the following procedures shall be used— 1.1 The employee shall notify the employer (in writing or otherwise) as to the substance of the dispute or grievance, request a meeting with the management and state the remedy sought. 1.2 The employer shall notify the employee (in writing or otherwise) as to the substance of the dispute or grievance, request a meeting with the employee and state the remedy sought. 1.3 Discussions shall take place between employee (and representative) and management (and representative) within 24 hours of notification of the dispute or griev- ance. 1.4 Discussions involving representatives of the Union and management. 1.5 Either of the parties may refer the dispute to the West- ern Australian Industrial Relations Commission for assistance in resolving the dispute provided that be- fore doing so the parties will confer among themselves, make reasonable attempts to resolve the matter before taking the matter to the Commission. (2) The parties are committed to avoid stoppages of work, lockouts, or any other bans or limitations on the performance of work and accordingly work shall continue normally with- out any form of ban or limitation. (3) The employer will ensure that all practices applied dur- ing the operation of the procedure are in accordance with safe working practices consistent with established custom and prac- tices at the workplace. This clause shall totally replace clause 34—Avoidance of Industrial Disputes in the Metal Trades (General) Award 1966, No 13 of 1965. 36.—NOTIFICATION OF SIGNIFICANT EFFECT AND REDUNDANCY (1) Consultation and Provision of Information 1.1 Where the Employer has made a definite decision based on its operational requirements that may lead to termination of employment, the Employer shall hold discussions with any Employees directly af- fected. 1.2 The discussions shall take place as soon as is practi- cable after the Employer has made a definite decision which will invoke the provisions of this clause and shall cover, inter alia, any reasons for the proposed termination’s, measures to avoid or minimise the ter- mination’s and measures to mitigate any adverse effects of any termination’s on any Employees con- cerned. 1.3 For the purposes of the discussion the Employer shall, as soon as practical, provide in writing to the Union and any Employees concerned, all relevant informa- tion about the proposed termination’s including the reasons for the proposed termination’s, the number and categories of Employees likely to be affected, the criteria to be used for selecting Employees for redundancy and the number of Employees normally employed and the period over which the termina- tion’s are likely to be carried out. Provided that it shall not be required to disclose confidential information the disclosure of which would be inimi- cal to its interests. 1.4 The Employer will seek to establish criteria for se- lection which so far as possible do not depend solely upon the opinion of the person making the selection but can be objectively checked. The Employer will seek to ensure that the selection is made fairly in accordance with these criteria. (2) Transfer to Other Duties 2.1 Where an Employee is transferred to lower paid du- ties for reasons set out in paragraph (1) above the Employee shall be entitled to the same period of notice of transfer as he/she would have been entitled to if his/her employment had been terminated, and the Employer may at its option, make payment in lieu thereof of an amount equal to the difference be- tween the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing. (3) Time-Off Work During the Notice Period 3.1 During the period of notice of termination given by the Employer the Employee shall be allowed up to one day’s time-off without loss of pay during the notice period for the purpose of seeking other em- ployment. 3.2 The Employee shall, at the request of the Employer, be required to produce proof of attendance at an in- terview or he/she shall not receive payment for the time absent. For this purpose a statutory declaration will be suffi- cient. (4) Notification to the Commonwealth Employment Serv- ice 4.1 Where a decision has been made to terminate the employment of 15 or more employees in the circum- stances outline in sub-clause (1) above, the Employer shall notify the Commonwealth Employment Serv- ice thereof as soon as possible giving relevant information including the reason for the termination, the number and categories of the Employees likely to be affected and the period over which the termi- nation’s are intended to be carried out. (5) Severance Pay 5.1 In addition to the period of notice prescribed for or- dinary termination under clause 26—Termination an Employee whose employment is terminated for rea- sons set out in sub-clause (1) above shall be entitled to severance pay for each completed year of con- tinuous service as set out below. Years of Service Severance Pay (in weeks) less than 1 year — Nil 1 year but less than 2 years — 4 weeks pay 2 years but less than 3 years — 6 weeks pay 3 years but less than 4 years — 7 weeks pay 4 years and over — 8 weeks pay 5.2 ‘Weeks pay’ means the ordinary time rate of pay for the Employee concerned and for part-time Employ- ees ‘Weeks pay’ means the average weekly pay received over the preceding 12 months. 5.3 Provided that the severance payments shall not ex- ceed the amount which the Employee would have earned if employment with the Employer had pro- ceeded to the Employee’s normal retirement date. 5.4 An Employee whose employment is terminated for reason set out in paragraph (1) above may terminate his/her employment during the period of notice and if so, shall be entitled to the same benefits and pay- ments under this clause had he/she remained with the Employer until the expiry of such notice. Pro- vided that in such circumstances the Employee shall not be entitled to payment in lieu of notice. (6) Alternative Employment 6.1 The Employer shall not be required to make the sev- erance payment referred to in sub-clause (5) above if it obtains mutually acceptable alternative employ- ment for the Employee. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2897 78 W.A.I.G. This clause shall totally replace clause 32—Introduction of Change and Clause 32a—Redundancy in the Metal Trades (General) Award 1966, No 13 of 1965. 37.—SAFETY STANDARDS AND PRACTICES (1) The employee shall adhere to occupational health and safety standards, practices and policies adopted and or imple- mented by the employer from time to time. (2) Where the employee is supplied with protective equip- ment or material they are required to wear or use it in such a way as to achieve the purpose for which it is supplied. (3) Failure to comply with this provision could be deemed as misconduct and may be the basis for disciplinary action. 38.—PERSONAL BEHAVIOUR AND DISCIPLINARY/ WARNING SYSTEM (1) The employee agrees to adhere to the Personal Behav- iour and Discipline policies of the employer. (2) The employer will follow the Personal Behaviour and Disciplinary Policy, as published from time to time, should it be necessary for the employee to be the subject to disciplinary action. 39.—UNIFORMS, EQUIPMENT AND TOOLS (1) Uniforms, equipment and tools will be supplied by the employer in accordance with the employers current policies. (2) The employee agrees to adhere to the Uniform and Equip- ment policies of the employer as published from time to time. (3) The uniforms, equipment and tools will remain the prop- erty of the employer. (4) The employee is responsible for the maintenance and cleanliness of uniforms and equipment. (5) On termination of employment an employee is required to return to the employer all uniforms, equipment and tools issued to the employee. 40.—INSPECTION OF RECORDS Appendix—S.49B (1) This appendix is inserted into this industrial agreement as a result of legislation which came into effect on 16 January 1996. (2) Each employer bound by this industrial agreement shall maintain a time and wages record for each employee. (3) The entries in the time and wages records for each em- ployee shall include the employee’s name and details of the employee’s job classification or description, and any other detail required by this industrial agreement. (4) The employer must ensure that each entry in the time and wages record is retained for not less than seven (7) years after it is made. (5) A representative of an organisation of employees shall have the power to inspect the time and wages records of an employee or former employee. (6) The power of inspection may not be exercised for the purpose of inspecting the time and wages records of an em- ployee or former employee who— 6.1 is not a member of the organisation; and 6.2 has notified the employer in writing that the employee or former employee does not consent to a representa- tive of an organisation of employees having access to those records. (7) The power of inspection may only be exercised by a representative of an organisation of employees authorised in accordance with the rules of the organisation to exercise the power. (8) The representative is empowered to inspect any notifica- tion that an employee or former employee does not consent to a representative having access to time and wages records. (9) A person who has given a notification referred to in subclause 6.2 hereof may, by notice in writing to the employer, withdraw the notification and, upon that withdrawal, the noti- fication ceases to be of effect. (10) Before exercising a power of inspection the representa- tive shall give reasonable notice of not less than 24 hours to an employer. (11) An employer shall endeavour to— 11.1 maintain the time and wages records of employees in such a manner that access by a representative of an organisation to the records of employees does not give access to records of employees who are not members of the organisation and have notified the employer that they do not consent to a representa- tive of an organisation of employees having access to the records; 11.2 ensure that a representative of an organisation does not obtain access to the records of employees who are not members of the organisation and have noti- fied the employer that they do not consent to a representative of an organisation of employees hav- ing access to the records; and 11.3 ascertain whether an employee or prospective em- ployee does not consent to a representative of an organisation of employees having access to the time and wages records of the employee or prospective employee. (12) A person shall not by threats or intimidation persuade or attempt to persuade an employee or prospective employee to give, or refuse to give, written notification that the employee or prospective employee does not consent to a representative of an organisation of employees having access to the time and wages records of that employee or prospective employee. (13) An employer must ensure that any notification from an employee or former employee in accordance with this appen- dix shall be retained for not less than seven (7) years. (14) There shall be a liberty to apply to amend this appendix at any time. (15) This appendix shall come into effect on and from 16 July 1996. (16) Any employer or organisation bound by or party to this industrial agreement may apply to the Western Australian In- dustrial Relations Commission at any time in relation to this clause. 41.—UNION NOTICES The employer will provide a notice board for the posting of union notices. 42.—JUNIOR EMPLOYEES Junior employees shall not be employed in any occupation to which apprentices may be taken pursuant to the provisions of the Industrial training act 1975, as amended 43.—REPRESENTATIVES INTERVIEWING STAFF For the purposes of interviewing employees on legitimate union business a duly accredited union representative shall have the right to enter the employers premises during meal breaks on the following conditions— 1.1 that the union representative produces their author- ity to the General Manager or such other person as appointed by the Employer; 1.2 that the union representative interviews employees at places where they are taking their meal break or at such other place as is mutually agreed; and 1.3 that if the employer alleges that a representative is unduly interfering with work or is creating dissatis- faction amongst the employees or is offensive in their methods or is committing a breach of any previous conditions, the employer may refuse entry but the union representative shall have the right to bring such refusal before a member of the