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orkers Union of Australia— Western Australian Branch. No. AG 67 of 1998. Readymix Jandakot Industrial Agreement. COMMISSIONER P E SCOTT. 30 July 1998. Order. HAVING heard Ms N Embleton on behalf of the v Ms J Harrison on behalf of the

(1998) 78 WAIG 3712 Single Commissioner (WAIRC) 1998-07-30
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APPLICANT: orkers Union of Australia— Western Australian Branch. No. AG 67 of 1998. Readymix Jandakot Industrial Agreement. COMMISSIONER P E SCOTT. 30 July 1998. Order. HAVING heard Ms N Embleton on behalf of the
RESPONDENT: Ms J Harrison on behalf of the
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Concept tags · 8

[P]Dismissal for unsatisfactory performance [P]Registered industrial agreement (WA) [P]Substandard performance (public sector) [S]Genuine redundancy [S]Redundancy consultation obligations [S]Reasonable redeployment in redundancy [S]Wages — payment obligations [S]Mining / resources sector
Archived text (1825 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. CSR Ltd trading as CSR Readymix Quarries and The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia— Western Australian Branch. No. AG 67 of 1998. Readymix Jandakot Industrial Agreement. COMMISSIONER P E SCOTT. 30 July 1998. Order. HAVING heard Ms N Embleton on behalf of the Applicant and Ms J Harrison 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 Readymix Jandakot Industrial Agreement in the terms of the following schedule be registered on the 19th day of June 1998. (Sgd.) P.E. SCOTT, [L.S.] Commissioner. Schedule. INDUSTRIAL AGREEMENT 1.—TITLE This Agreement shall be known as the Readymix Jandakot Industrial Agreement and shall replace AG 18 of 1994. 2. —ARRANGEMENT 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Duration 6. Dispute Resolution Procedure 7. Single Enterprise 8. Relationship with the Award 9. Wage Increase 10. Accident and Sickness Policy II. Personal Protective Equipment and Clothing 12. Training 13. Redundancy 14. Improvements to Productivity, Efficiency and Flex- ibility i. Hours of Work ii. Meal Periods iii. Teamwork iv. Performance Management v. Payment of Wages 15. Drug and Alcohol Policy 16. No Extra Claims Appendix A—Wage Schedule 3.—AREA AND PARTIES BOUND This is an Agreement between the Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch (hereinafter referred to as the “Union”) and CSR Limited (hereinafter referred to as the “Company”) in the State of Western Australia. 4.—APPLICATION This Agreement shall be binding upon the Company, the Union, its officers and members, and any person eligible to be members of the Union employed by the Company on work covered by the terms and of the Engine Drivers (Quarries, Sand Pits and Limestone Quarries) Agreement 1991 (the “Award”). There are 3 employees covered by this Agreement. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 3712 5.—DURATION This Agreement shall commence from the first pay period on or after the 11 December 1997 for a period of 24 months. The parties agree to commence discussion on the terms and conditions of any future agreement three calendar months prior to the expiration of this Agreement. 6.—DISPUTE RESOLUTION PROCEDURE In the event of the single bargaining unit failing to reach agreement on any questions, disputes or difficulties arising under this Agreement such matters then shall be dealt with through the dispute resolution procedure as prescribed by the Metal Trades (General) Award 1966. The parties agree to con- fer among themselves and make reasonable attempts to resolve any questions, disputes or difficulties before taking those mat- ters to the Commission. 7.—SINGLE ENTERPRISE It is agreed that this Agreement applies in respect of a single enterprise as defined in Clause 41 A(2) of the WA Industrial Relations Act 1979, as amended (the “Act”). 8.—RELATIONSHIP WITH THE AWARD This Agreement shall be read wholly in conjunction with the Award and shall take precedence to the extent of any in- consistencies. The wages provided for in this Agreement are all inclusive and shall not increase except as provided for in this Agreement. 9.—WAGE INCREASE This Agreement provides for increases in the hourly rate and allowances resulting in the wage rates in Appendix A— Wage Rates. 10.—ACCIDENT AND SICKNESS POLICY The Company will make time available for its employees to invite and discuss with any designated insurance organisation, its policy and requirements regarding sickness and accident cover. 11.—PERSONAL PROTECTIVE EOUIPMENT AND CLOTHING The Company shall supply to the employees such items of personal protective clothing and equipment, including safety glasses, hard hats and safety boots, as are appropriate to the work carried out by the employees, provided always that the Site Safety Committee is recognised as the proper forum to discuss issues of safety, including the use and type of personal protective clothing and equipment supplied by the Company. 12.—TRAINING The Company recognises the need for training of its em- ployees in order to gain better efficiencies to both parties. To achieve this the parties agree— i. To be committed to the development and implemen- tation of effective training programs in order to provide for continual development of employees. ii. That the Company will pay all costs associated with training whether it is formal, informal, external or on the job. The Company will provide time off with- out loss of pay during normal hours for all approved training. iii. where possible training will be competency based and accreditation will be sought at a State or Na- tional level. 13.—REDUNDANCY The Company recognises that its employees are one of its greatest assets. Should circumstances arise that could lead to job losses, the Company will take all reasonable steps to ex- haust any options available prior to redundancies. Should redundancies be necessary, the Company will consult with the Consultative Committee to determine the selection criteria to be applied, however, the Company shall have the final discre- tion over those to be selected for redundancies. Where the company terminates any employee other than for reasons of misconduct, unsatisfactory performance or behav- iour, abandonment of employment, the employee shall receive from the date of this Agreement, severance payments and serv- ices— • 3 weeks ordinary pay per completed year of service to a maximum of 104 weeks ordinary pay. • An additional ex-gratia payment of 8 weeks ordi- nary pay. • Payment of accrued long service leave on a pro-rata basis after one years service. • Suitable financial, job and personal counselling. 14.—IMPROVEMENTS TO PRODUCTIVITY, EFFICIENCY AND FLEXIBILITY i. Hours of Work (1) The ordinary hours of work shall be an average of 38 hours per week, five days per week, Monday to Friday and shall be between 0500 hours and 1730 hours. The ordinary hours will not exceed 8 hours on any day, unless otherwise agreed in writing between the parties. (2) Start and finish times of ordinary hours, will normally occur as follows— • Start—Between 6.00am and 6.30am • Finish—Between 2.00pm and 2.30pm Start and finish times are subject to change by the employer based on operational requirements. (3) Ordinary hours may be banked for the purposes of RDO’s up to a maximum of 5 days. ii Meal Periods All meal and rest periods will be arranged flexibly, as close as possible to their normal time, so as to minimise disruption to the work process and to satisfy customer requirements. iii Team Work Continuous improvement in all aspects of the work process is an important part of the Companies commitment to its cus- tomers. Employees agree to participate in a team environment to develop and analyse workplace improvements and to col- lect and record both routine and non-routine data and information that assists in running and improving the busi- ness. The employees agree to run their own area and solve their own problems acting as a self managed team. Supervi- sors will act in a support role providing assistance to the team. iv Performance Management The parties agree to undertake to establish a set of perform- ance measures and benchmarks related to key aspects of the business which can be influenced by the operators. Three ar- eas shall be measured— i. Plant and Machine fuel consumption ii. Truck delivery cycles iii. Specific work related requirements as described by the Companies work instructions v. Payment of Wages Wages will be calculated weekly and paid on a weekly basis direct to a bank account nominated by the employee. Payment will be by Electronic Fund Transfer. 15.—DRUG AND ALCOHOL POLICY The Site Safety Committee will develop a “Drug and Alco- hol” policy which will ensure the health and safety of all employees in the workplace. During the development of the policy the committee may invite for advice the Union’s drug and alcohol officer and any other source that may be required for assistance and expertise. 16.—NO EXTRA CLAIMS The parties agree that there shall be no additional claims made for increases in wages or allowances for the period of this Agreement. Signed for and on behalf of— The Union: Signed COMMON SEAL DULY AUTHORISED OFFICER Date 02/04/98 LEONIE DOWDEN PRINT WITNESS Signed WITNESS WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3713 78 W.A.I.G. The Company Signed DULY AUTHORISED OFFICER Date 15/04/98 RICHARD WHITING PRINT WITNESS Signed WITNESS APPENDIX A—WAGE RATES WAGE AND JOB CLASSIFICATION FOR CSR READYMIX JANDAKOT SAND OPERATIONS Level Title Date of Sign Wage at July 1 1998 Wage Rate Level 1 Quarry Operator $482.60 per week $494.00 per week ($12.70/hr) ($13.00/hr) Level 2 Quarry Operator $470.06 per week $481.46 per week ($12.37/hr) ($12.67/hr) Level 3 Quarry Operator $457.52 per week $468.92 per week ($12.04/hr) ($12.34/hr) Level 4 Quarry Operator $444.98 per week $456.92 per week ($11.7 1 /hr) ($12.02/hr) The above rates are, for all purposes and inclusive of all service and industry allowances. Job Skills 1. Loader Operation 2. Dump Truck Operation 3. Water Truck Operation 4. Processing Plant Operator 5. Weighbridge Operation 6. Drill Operation 7. Shotfirer 8. MIS Reporting and Quality Assurance In addition to the above primary activities, the employee agrees to carry out any ancillary activities that may or may not involve the use of tools, plant and equipment that are within the limits of the employee’s skill, competency and training. Each of these skills need to be assessed prior to classification by an approved assessment agency nominated by the Com- pany. Level 1—Quarry Operator Is required and able to use at least 4 of the Job Skills listed above. Level 2—Quarry Operator Is required and able to use at least 3 of the Job Skills listed above. Level 3—Quarry Operator Is required and able to use at least 2 of the Job Skills listed above. Level 4—Quarry Operator New employees who do not possess specific skills, as re- quired in each of the levels, will be employed as a level 4 Quarry Operator, and if required to perform duties of a higher level shall, in the first three months of employment, receive appropriate training for those higher duties. Additional Allowance • An employee placed in charge of not less than 3 employees shall be paid an additional allowance of $40.00 per week. • If all parties agree to take responsibility and act as self managed team, this allowance of $40.00 per week, will be shared between full-time site employees, whether covered by this Agreement or not. The rate will vary based on the number of full time employees working on site in any given week. • For the purposes of this Agreement, the additional allow- ance shall not form part of the base wage rate of the employee(s) under either of the options specified above. Classification Structure The parties agree, within a period of 12 months, to discuss the appropriateness of the classification structure specified in this Agreement from both a career and operational perspec- tive. SCOTCH COLLEGE ADMINISTRATIVE AND TECHNICAL OFFICERS (ENTERPRISE BARGAINING) AGREEMENT 1998. No. AG 97 of 1998.