WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers and Pilkington (Australia) Operations Ltd. AG 153 of 1998. Pilkington (Australia) Operations Limited, Western Retailing (Stage II, 1998) Enterprise Agreement. COMMISSIONER S J KENNER. 15 October 1998. Order. HAVING heard Ms J Harrison as agent on behalf of the applicant and Mr F Quealy as agent 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 Pilkington (Australia) Operations Limited, Western Retailing (Stage II, 1998) Enterprise Agreement as filed in the Commission on 4 August 1998 be and is hereby registered as an industrial agreement. (Sgd.) S. J. KENNER, [L.S.] Commissioner. ——— ENTERPRISE BARGAINING AGREEMENT CONSENT AGREEMENT 1.—TITLE This Agreement shall be known as the Pilkington (Australia) Operations Limited, Western Australian Retailing (Stage II, 1998) Enterprise Agreement. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Application of Agreement 4. Parties Bound 5. Life of Agreement 6. Relationship to Parent Award 7. Single Bargaining Unit WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 4046 8. Aim of the Agreement 9. Measures to Achieve Gains in Productivity, efficiency and flexibility 10. National Standards 11. Avoidance of Industrial Disputes 12. Rates of Pay 13. Non work related sickness and accident plan 14. Renewal of Agreement 15. No further Claims 16. Not to be used as a precedent 3.—APPLICATION OF AGREEMENT This Agreement shall apply at the Pilkington (Australia) Operations Limited Western Australian Retailing Operations located at— Cockburn Road, Albany; 109 Hampton Road, South Fremantle; 20 Canham Way, Greenwood; 234 Great Eastern Highway, Midland; 18 Scarborough Beach Road, North Perth; 1 Mint Street, Victoria Park; In respect to all its employees who are covered by the State Building Trades (Construction) Award 1987, No. R 14 of 1978 and the Pilkington (Australia) Operations Limited, Retailing Enterprise Agreement, Stage 1. 4.—PARTIES BOUND This Agreement shall be binding upon the Western Australian Builders Labourers, Painters and Plasterers Union of Workers, hereafter known as “the Union” and officers and members thereof and upon the Company and all its employees who are members of or eligible to be members of the Union covered by this clause of this Consent Agreement. There are approximately 12 employees. 5.—LIFE OF AGREEMENT This Agreement shall operate from the beginning of the first full pay period to commence on or after 18 August 1998 and shall remain in force for a period of 27 months. 6.—RELATIONSHIP TO PARENT AWARD This Agreement shall be read and interpreted wholly in con- junction with the following Award and Enterprise Agreement Stage I— * Pilkington (Australia) Operations Ltd, Retail Enter- prise Agreement 1995 Stage I * State Building Trades (Construction) Award 1987, No. R 14 of 1978. herein referred to as the ‘Parent Awards’, provided that where there is any inconsistency this Agreement shall take precedence to the extent of the inconsistency. 7.—SINGLE BARGAINING UNIT The unions named in this Agreement will act along with the Company as a single bargaining unit for the purpose of imple- menting and negotiating items of this Agreement. 8.—AIM OF THE AGREEMENT The parties to this Agreement recognise that to compete ef- fectively in the current economic environment significant advances are required and can be achieved by providing prod- uct of the highest quality at optimum cost providing excellent customer service and having highly trained and motivated employees. This Agreement aims to achieve the following objectives— - Increase the efficiency of the organisation, thereby attaining benefits for the employees, customers and shareholders. - Supply product of a high quality on a timely basis. - Develop and maintain a working environment in which the Company can compete effectively and reward employees for performance at agreed lev- els. - To ensure that stability and experience in key skilled areas is maintained to ensure the highest attainable yields and quality customer service, and maximise job security. The company needs to reduce order turnaround times, as demonstrated by a reduction in credit notes, improve customer service and quality to retain competitiveness. There needs to be improved yield in controllable areas; processing control including minimum damage to product, cutting loss; time loss; rectification of reject production and improved employee skills and flexibilities. There needs to be improved demonstrative customer serv- ice (quality, timeliness, courtesy). The parties recognise that an important factor in achieving these objectives is to develop a work culture in which all em- ployees are involved in decisions affecting them, have access to required training activities and benefit from these efforts thereby providing employees with more secure and better paid jobs. The parties agree that these are only the first steps in a path of continual improvements if the Company is to remain vi- able. The need for flexibility of jobs and duties within and be- tween work areas, subject only to limitations imposed by individual skill levels, safe working practices and legal re- quirements, is also recognised as critical to achieving the objectives of this Agreement. 9.—MEASURES TO ACHIEVE GAINS IN PRODUCTIVITY, EFFICIENCY AND FLEXIBILITY Measures introduced during the period of operation of the Stage I Enterprise Agreement will continue to be developed and advanced. This agreement includes— APPENDIX A. Consultative Committee B. Objectives and Targets C. Rates of Pay D. Pilkington Australia Safety Management System (PASMS) E. Sick Leave Arrangement F. Probationary Period G. Spread of Hours H. Training and Development 10.—NATIONAL STANDARDS This Agreement shall not operate so as to cause any em- ployee to suffer a reduction in ordinary time earnings or in national standards; such as national standard hours of work, annual leave or long service leave. 11.—AVOIDANCE OF INDUSTRIAL DISPUTES When a matter being any question, dispute or difficulty is in dispute between the Unions and an employer or a matter com- ing within the ambit of the Agreement or Parent Award arises that is likely to cause a dispute, the following procedure shall be followed. (a) Work shall continue without interruption whilst the employee/s or their representative discusses the dis- pute with the employer concerned, and both parties shall attempt to reach agreement. In these discus- sions, the employee representative may seek the advice and assistance of an official of the Unions and the Employer may seek the advice and assist- ance of the Employer organisation or senior company I.R. representatives. (b) In the event that the discussions provided for in sub- clause (a) hereof fail to settle the dispute, it shall be referred to the employer organisation or I.R. repre- sentative and the Secretary of the relevant Unions. (c) A “cooling off” period of seven days shall apply as from the date the dispute notification is received by the employer organisation and the relevant Unions. The responsibility for notifying the dispute shall be equally on both the employer and the Unions. Dur- ing the “cooling off” period, the status quo immediately prior to the dispute shall continue. (d) During this “cooling off” period, discussions to take place between the officers of the company or em- ployer organisation and the Unions, with the view to settling the dispute. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4047 78 W.A.I.G. (e) Failing a satisfactory settlement being achieved fol- lowing such discussions, the dispute may then be referred to the State Industrial Relations Commis- sion for conciliation, hearing and or determination. 12.—RATES OF PAY The following Rates of Pay shall apply to the Agreement rate classifications listed below from 18 August 1998. The rates shown in the Column headed “Enterprise Agreement Rates” are attributable to the making of this Agreement. This Agreement will provide for Wage rate increases in rec- ognition of the productivity commitments made in this Agreement. Wage increases will be implemented at the following times in accordance with the attached table— Stage 1: 4% upon ratification of this Agreement through the State Commission. Stage 2: 3% twelve months after ratification. 13.—NON WORK RELATED SICKNESS AND ACCIDENT PLAN The Company agrees to provide a non work related sickness and accident plan for employees covered by this Enterprise Agreement on the following basis— • The cost to the Company is to be no more than 1% of the gross income related to each employee involved. Should the percentage increase be above 1% then the parties will meet to discuss a suit- able resolution. If a suitable resolution is not achieved the Company would commit to add 1% as part of their wage on or after the first pay pe- riod that they would leave the non work related sickness and accident plan. • The Company will only maintain the scheme while the Fringe Benefit Tax laws do not apply to the pay- ments. If further liability to the Company is incurred through FBT the Company reserves the right to ter- minate the arrangement or renegotiate the terms so the overall cost does not exceed 1% or each indi- viduals gross income rate. • The Company reserves the right to investigate op- tions available in the placing of the insurance prior to making any commitment to a particular insurance company or insurance broker. The Company com- mits to implementing the insurance by 1 September 1998. • The Company will not be involved or have liability or commitment to progress, meet or guarantee any claim made by an employee under any scheme im- plemented. • If the Company fails to implement the insurance by 1 September 1998 or withdraws from the plan, a 1% increase will be paid into the base rate. 14.—RENEWAL OF AGREEMENT In accordance with the terms of the October 1991 National Wage case Decision this Agreement shall be effective until November 2000. It is agreed between the parties that prior to any initiatives being taken to renew or replace this Agreement, discussions between the parties will commence at least 3 months prior to expiration to determine the appropriate course of action. These discussions shall be expedited to ensure com- mencement of the next agreement on August 2000. 15.—NO FURTHER CLAIMS No variation or amendment to the agreement shall be sought or entertained by any of the parties during the defined term of the Agreement. No claim will be made for the Company to increase contri- butions to or benefit from Superannuation other than those made by changes to the Trust Deed to which the Company is a signatory. 16.—NOT TO BE USED AS A PRECEDENT This Agreement shall not be used in any manner whatsoever to obtain similar arrangements or benefits in any other plant or enterprise. APPENDIX “A” CONSULTATIVE COMMITTEE The Consultative Committee shall be a representative group covering the Retail Operation. The group’s primary function is to monitor the overall direction and implementation of the Agreement and facilitate communications regarding change activities between the Company and the workforce in relation to EBA II. In this, their goal shall be to foster broad participa- tion in the joint management of change. The Consultative Committee should meet at least quarterly to review the implementation process and performance against the Objectives and Targets. This group also has responsibility to deal with other issues relating to EBA II as and when the arise. The Consultative Committee shall include Union members from the Retail Sales Centres as agreed between the parties. APPENDIX “B” OBJECTIVES AND TARGETS Consistent with the aims of the Agreement, individuals and business units will move from an activity-based environment into an outcome or objectives based environment. In order to ensure the ongoing viability of the Western Australian Retail- ing Operation, employee satisfaction and maintenance of customer support, business, process and social outcomes will be set, agreed to, achieved and where possible surpassed. This appendix combines the various aspects that define the business process for the Western Australian Retailing Opera- tion. The purpose of this appendix is to provide the parties with clear objectives, which will drive their joint effort at every level of the enterprise. Where progress is not being achieved towards these targets, the parties will problem solve until sig- nificant remedial outcomes become evident. The key areas where Objectives and Targets are to be estab- lished are— • OCCUPATIONAL HEALTH AND SAFETY • BEING ENVIRONMENTALLY RESPONSIBLE OCCUPATIONAL HEALTH AND SAFETY The following table represents both sites OH&S perform- ance during 1997/98 and the Targets for 1998/99, 1999/2000 and 2000/2001. DEFINITION: LTA Injury causing loss of three full shifts COMP. INJ. Injury that incurs cost. HRS. LOST Any hours lost due to in- jury LTI Injury causing loss of one full shift KPI Indicator 1997-1998 1998-1999 1999-2000 2000-2001 Lost Time Accident 1 0 0 0 Compensible Injury 6 4 3 2 Hours Lost 61 41 27 18 Lost Time Injury 1 0 0 0 BEING ENVIRONMENTALLY RESPONSIBLE All employees are required to comply with the Company’s recycling programs and Government Legislation. APPENDIX “C” WEEKLY RATES Classification Wage stage 1 stage 2 4% 3% B.T.C. (Glazier) 524.69 545.68 562.05 B.T. (Labourer Group 4) 400.14 416.14 428.62 NB: THE ABOVE PERCENTAGE INCREASES WILL BE PAID TO APPRENTICES AND JUNIOR WORKERS APPENDIX “D” PILKINGTON AUSTRALIA SAFETY MANAGEMENT SYSTEM (PASMS) As indicated in the Objectives and Targets (Appendix B) the Pilkington Australia Safety Management System is an inte- gral part of the company’s business plan. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 4048 It is agreed by the parties that the PASMS will be fully im- plemented. This will be done with the full support and commitment of all employees. APPENDIX “E” SICK LEAVE AGREEMENT In line with the Company’s philosophy of equality, the par- ties have agreed that the provision below should apply to all employees covered by this agreement. It is further agreed that on or after the first day of January of each year, that any part of the first five days of accrued sick leave (for the previous year) that is not used in any one year of service by the employee, an equivalent payment shall be made to the employee concerned at the time of taking their annual leave. The employee must, where available, accumulate five sick leave days annually. APPENDIX “F” QUALIFYING PERIOD New employees will work under a review for a period of three months during which time the employee’s suitability, performance and skills acquisition will be subject to review. These reviews will be carried out at weeks, 2, 6 and 10. Nor- mal rates of pay will be paid for the relevant classification on commencement of employment. TERMINATION DURING QUALIFYING PERIOD Employment in the first two weeks will be with one hour’s notice on either side and thereafter with one week’s notice on either side, or by payment or forfeiture of a week’s wages as the case may be. APPENDIX “G” WORKING HOURS—ARRANGMENTS The employees covered by this Agreement will work a 38 hour week within the spread of hours 7 am to 6 pm consisting of eight hours work time with thirty minutes unpaid meal break in accordance with the Parent Award. APPENDIX “H” TRAINING AND DEVELOPMENT All required Company training will be conducted at the Company’s expense and in paid time, whether during or after normal hours. Where practical, such training will be conducted during an employee’s normal hours. Where training is con- ducted after or before normal working hours, overtime rates will not be payable—employees will be paid at normal rates and by agreement with the employee concerned. Such work will be part of a structured training program out- side normal rostered hours, be limited to twelve (12) hours in any week and be payable at their normal hourly rate of pay while such training be conducted by accredited educational institutions and providers. There shall be a Training Committee made up of Consulta- tive Committee members, to oversee the equitable and fair distribution of training opportunities. Decisions as to course participants shall be decided by con- sensus. There shall be an agreed classification structure to be imple- mented within four (4) months of the ratification of this agreement. SIGNATURES OF THE PARTIES Signed for and on behalf of Pilkington (Australia) Opera- tions Ltd. (ACN: 006 904 052). .......................... .......................... 30/7/98 Signature John Morgan Date State Manager W.A. THE COMMON SEAL of— Western Australian Builders Labourers Painters And Plas- terers Union Of Workers was hereunto affixed in the presence of— .......................... .......................... 28/7/98 Signature Kevin Reynolds Date Secretary PILKINGTON (AUSTRALIA) OPERATIONS LIMITED, MYAREE WHOLESALE (STAGE III, 1998) ENTERPRISE AGREEMENT. No. AG 154 of 1998.