WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch and Stramit Industries (Maddington). No. AG 123 of 1998. Stramit Industries (Maddington) Western Australia Enterprise Bargaining Agreement 1998. 26 November 1998. Order. HAVING heard Mr G. Ferguson on behalf of the applicant and Mr J. Uphill 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 Stramit Industries (Maddington) Western Australia Enterprise Bargaining Agreement 1998 as filed in the Commission on the 20th day of July 1998 is regis- tered on and from the 24th day of November 1998. (Sgd.) A.R. BEECH, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the Stramit Industries (Maddington) Western Australia Enterprise Bargaining Agree- ment. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Application 4. Parties Bound 5. Date and Period of Operation 6. Relationship to Parent Award 7. Objectives of the Agreement 8. Key Indicators 9. Wages 10. Income Protection Insurance 11. Payment of Wages 12. Journey Cover 13. Right of Entry 14. Redundancy 15. No Extra Claims 16. Avoidance of Industrial Dispute Employee Griev- ance Procedure 17. Not to be used as a Precedent 18. National Standards 19. Agreement Monitoring Procedure 20. Renewal of Agreement 21. Commitment 22. Signatories to this Agreement Appendix 3.—APPLICATION (a) This Agreement shall apply at Stramit Industries— Malcolm Road, Maddington—to approximately 12 employees who are bound by the terms of the Transport Workers’ (Gen- eral) Award No. 10 of 1961 as amended and consolidated by No. 63A of 1980, in so far as those provisions relate to the parties referred to in Clause 4.—Parties Bound of this Agree- ment. (b) It is the express intention of the parties that the terms of this Enterprise Bargaining Agreement shall be met notwith- standing the provision of the Award referred to in (a) above. In all other aspects the provisions of the relevant Award shall apply. 4.—PARTIES BOUND The parties to this Agreement are— (a) Stramit Industries (Maddington) Western Australia (A division of Amtel Limited). (b) All employees engaged in any of the occupations, industries or callings specified in the Transport Work- ers’ (General) Award No. 10 of 1961 as amended and consolidated by No. 63A of 1980. (c) The organisation that represents the employees de- fined in (b) namely— Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch. (d) The parties agree to oppose any applications by other parties to be joined to this Registered Agreement. 5.—DATE AND PERIOD OF OPERATION This Agreement shall operate from the beginning of the first pay period to commence on or after the 21st May 1998 and shall remain in force for a period of two years. 6.—RELATIONSHIP TO PARENT AWARD This Agreement shall be read and interpreted wholly in con- junction with the Transport Workers’ (General) Award No. 10 of 1961 as amended and consolidated by No. 63A of 1980, provided that where there is any inconsistency between this Agreement and the Transport Workers’ (General) Award No. 10 of 1961 as amended and consolidated by No. 63A of 1980, this Agreement, shall take precedence to the extent of the in- consistency. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 4678 7.—OBJECTIVES OF THE AGREEMENT The objectives of this Agreement are to achieve real and positive gains in productivity, efficiency, flexibility and serv- ice, as follows— 7.1 Service Standards To extend our twenty four hour delivery cycle time to a wider range of customers and product lines. Actions (a) To ensure priority deliveries are made on time. (b) Damage as a result of transit and off loading to be closely monitored to eliminate these qual- ity failure incidents. (c) To inform the appropriate supervisor as soon as it becomes apparent that an order has been damaged or that delivery of an order may be delayed. 7.2 Flexibility of Competency of Personnel Ensure the continuation of existing and future train- ing plans to achieve total flexibility and competency of personnel across all areas of the operations, as required, without any artificial restrictions inhibit- ing same. Consistent with the foregoing, an effective competency appraisal system is to be established to ensure individual and organisational needs are satis- fied. Actions (a) Employees are required to fully participate in the Company’s multi-skilling programme to develop a more highly skilled and flexible workforce. (b) Providing employees with appropriate train- ing to acquire additional skills. (c) Remove any barriers to the utilisation of skills acquired provided appropriate training has been provided with due regard to the nature of work at hand and the safety of personnel. To this end employees will continue to perform a wide range of functions and duties including work which is incidental to their main task or functions provided same is within the skills and competence of the employee/s concerned. (d) Experienced employees are required to co- operate and assist with the training of other employees who are developing their skills. (e) Employees and other authorised persons op- erating overhead cranes and forklift trucks are required to achieve the Company’s Certificate of Competency (see Appendix), before using this equipment. A listing of authorised person- nel is to be maintained by the Company. (f) In carrying out duties, employees shall ensure and take all necessary steps to ensure that the quality, accuracy and completion of any job or task are maintained to the required stand- ards. Employees shall not impose any restriction or limitations on the measurement and/or review of work methods or the utilisa- tion of labour under the terms and conditions of the Agreement. 7.3 Operator Equipment Checks Drivers will regularly carry out their own routine checks and report vehicle equipment malfunction to their Supervisor at the earliest opportunity. Such checks will be recorded by entering on the daily run sheet. It will be reviewed as a key performance indicator. 7.4 Safe Work Practices To minimise lost time accidents and injuries through adherence and review of safe working practices, pro- cedures and programmes. Actions (a) The parties are committed to the elimination of all incidents which could result in personal injury, occupational illness or damage to Company property and the environment or injury or damage to a customer or supplier. (b) All employees have an obligation as defined under the Western Australian Occupational Safety and Health Act 1984 (Occupational Safety and Health Regulations 1st July, 1996) to participate in the maintenance of a safe working environment. (c) The Company operates a Safety Committee with an elected representative from each of the main work areas. (d) A Delegate, so elected, must regularly attend Safety Committee Meetings. If absence is una- voidable then the Company’s Safety Officer must be informed and a deputy provided. (e) Employees will be provided with training in the performance of their tasks, consistent with the requirements of the Western Australian Occupational Safety and Health Act 1984. (f) All work-related injuries must be reported to the appropriate supervisor/manager and noted by the same. Failure to report accidents may jeopardise payment of accident compensation should this subsequently be claimed. (g) Any damage to Company vehicles, equipment or third parties should be reported to the ap- propriate supervisor/manager within twenty four hours. 7.5 Personal Protective Equipment The Company will eliminate where possible poten- tial work hazards through job design. When this is not possible, the Company will provide personal pro- tective equipment (PPE) to prevent injury to employees. Employees will be supplied and shall wear/use at all times and maintain, as directed, ap- propriate protective clothing and equipment, for the job or task being performed. The relevant Occupational Health and Safety Com- mittee will be the body for reviewing and recommending PPE standards based on inputs from task analysis, users of PPE and Australian Standards. 7.6 Quality Accreditation The commitment and active participation of all em- ployees in quality assurance procedures and methods required to AS/NZS ISO 9002 : 1994. 7.7 Customer Service Standards The Company has a commitment for all its employ- ees to achieve and maintain levels of excellence in customer services and is re-affirmed with the spe- cific objectives— (a) reduce production and distribution related complaints; (b) reduce late orders; (c) employees having direct customer contact are required to present themselves in a neat and tidy manner, which includes the wearing of Company provided clothing as issued; (d) such employees are required to conduct them- selves in a helpful and courteous manner. 8.—KEY INDICATORS In order to achieve and maintain a continuous improvement environment the following key indicators will be monitored and specific objectives measured throughout the life of this Agreement. The key indicators are— (a) Co-operate with the Company’s policy of reducing delivery cycle time to achieve next day delivery in all stock products and up to 25% of Monoclad/Cor- rugated. (b) Reduce incidents of damage during loading, transit and off loading and other related distribution com- plaints via the Customer Service/Quality Incident reporting system. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4679 78 W.A.I.G. (c) Improve safety performance—lost time accidents are to be recorded and investigated together with adher- ence to safe working practices and maintenance of good housekeeping standards. Target 0%. (d) Maintain Quality Assurance to AS/NZS ISO 9002 : 1994 accreditation. (e) Minimise loss of productive hours due to non attend- ance with a target of no more than 2% of total ordinary hours worked. (f) A reduction of vehicle accidents and damage to cus- tomer’s property to achieve a target of nil incidents during the life of this Agreement. (g) A Consultative Committee with the minimum mem- bership of two employees has been established to monitor, communicate and modify where appropri- ate the performance of these key indicators. 9.—WAGES Conditional on achieving the Key Performance Indicators, the Company will increase its wage rates with regard to Trans- port Workers’ (General) Award No. 10 of 1961 as amended and consolidated by No. 63A of 1980 as follows— Wage Group Classification Table Col. 1 Col. 2 Col. 3 19.5.97 21.5.98 21.5.99 5% 5% Grade 1 420.31 441.33 463.40 Grade 2 438.16 460.07 483.07 Grade 3 447.24 469.60 493.08 Grade 13A—Special Loader 454.30 477.02 500.87 Grade 4 460.65 483.68 507.86 Grade 5 469.74 493.23 517.89 Grade 6 486.41 510.73 536.27 Grade 7 488.56 513.00 538.65 Grade 8 510.10 535.61 562.39 Grade 9 523.28 549.44 576.91 Grade 10 545.67 572.95 601.60 10.—INCOME PROTECTION INSURANCE Consideration has been given to the question of Income Pro- tection Insurance as part of the wage increase. The choice of whether to have Income Protection Insurance is up to the individual employee. The Company can arrange payroll deductions should an employee choose to take out per- sonal income protection insurance. This Agreement has been reached on the proviso that the claim for employee Income Protection Insurance has been addressed. 11.—PAYMENT OF WAGES Wages are to be paid by Electronic Fund Transfer (EFT) for all employees engaged by Stramit Industries. 12.—JOURNEY COVER Stramit Industries undertakes to provide Journey Cover for its employees. The provisions shall cover loss of wages up to $1,000.00 per week with a maximum of 104 weeks for any one injury, commencing from the date of treatment by a quali- fied Medical Practitioner, plus death and permanent disability insurance of $100,000.00 for each employee. 13.—RIGHT OF ENTRY Right of Entry shall reflect current practice, i.e. the TWU official will contact the Operations Manager or the Distribu- tion Supervisor and inform him / her of his / her intention to visit the site. The TWU official will first report to the Compa- ny’s reception and record his / her presence in accordance with the Company’s standard safety procedure. The union official and accredited TWU delegates shall only be allowed to inter- view TWU members in Company time with the prior approval of the Management, otherwise interviews must be conducted in the employee’s own time. 14.—REDUNDANCY Where the Company has made a definite decision that there is no work for an employee or employees the following shall apply— (a) The Company will inform the Union as soon as prac- ticable that the redundancies are to occur and, if required, the parties will discuss the matter as soon as possible. (b) Where possible the Company will offer alternative employment. Employees will be given a period of one (1) month to decide if the alternative employ- ment is satisfactory. Should they decide to resign within this trial period the provisions of this Agree- ment, including the payments, will apply. Employees, who accept alternative employment af- ter the trial period will retain continuous service with the Company, will not be redundant and will not be subject to this Agreement. Employees who decide to leave the Company dur- ing a period of notice of redundancy shall be entitled to the full redundancy payments and benefits. (c) Death under Notice If an employee dies under notice of retrenchment all the employee’s entitlements under this Agreement are to be paid into the employee’s estate. (d) Notice of Retrenchment Notice of retrenchment shall apply, either in time or money in lieu, as follows— Complete Years of Service Notice of Payment During the first month 1 day More than one month but less than one year 1 week One year and less than three years 2 weeks Three years and less than five years 3 weeks Five years and over 4 weeks Employees over forty five years of age at the time of giving the notice with not less than two years con- tinuous service shall be entitled to an additional week’s notice. (e) Redundancy Payments Redundancy payments will be made on the basis of Three (3) weeks per completed year of service (Pro rata monthly) (f) Redundancy Conditions The following conditions will apply at the time of redundancy— i. The Company will take into account factors such as length of service, employee’s skills and requests for redundancy, in making decisions on redundancies, but shall not be restricted in deciding redundancies in any way that will in- hibit the effective operation of the business. ii. Annual Leave loading of 17.5% will be paid on all Annual Leave. iii. Pro rata Long Service Leave payments will be paid out in accordance with the employee’s entitlements as stated in the Western Austral- ian Long Service Leave Legislation. 15.—NO EXTRA CLAIMS The parties to this Agreement undertake that during the pe- riod of operation of this Agreement, there shall be no further wage increase sought, or granted, except for those provided under the terms of this Agreement. 16.—AVOIDANCE OF INDUSTRIAL DISPUTE EMPLOYEE GRIEVANCE PROCEDURE The disputes settlement procedure provided for in the Trans- port Workers’ (General) Award No. 10 of 1961 as amended and consolidated by No. 63A of 1980, shall apply to any mat- ter in dispute between the Company, employees and the Union. 17.—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 plant or en- terprise. 18.—NATIONAL STANDARDS This Agreement shall not operate so as to cause an employee to suffer a reduction in ordinary time earnings or in national standards such as standard hours of work, annual leave or long service leave, etc. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 78 W.A.I.G. 4680 19.—AGREEMENT MONITORING PROCEDURE This Agreement shall be subject to continuous monitoring by the Consultative Committee and review periods of no longer than one (1) month to ensure that expected performance im- provement actually occurs. In particular, adverse movements in the productive performance measures will be a primary trig- ger for the review procedure. Accordingly, in the event that performance fails to match expectations, or subsequently deteriorates, corrective action will be taken without delay. 20.—RENEWAL OF AGREEMENT Discussions will take place three months prior to the expiry of this Agreement to discuss the nature of changes, if any, to the Agreement. 21.—COMMITMENT This Agreement commits every employee, covered by the Transport Workers’ (General) Award No. 10 of 1961 as amended and consolidated by No. 63A of 1980, of Stramit Industries (Maddington) Western Australia, Management and the Union to exercise the necessary flexibility and broadness of approach to allow the measures and objectives outlined in the Agreement to be achieved. 22.—SIGNATORIES TO THIS AGREEMENT E.W. BROWN _________________________ ELTON W. BROWN State Manager W.A. Stramit Industries Western Australia Dated this 30th day of June 1998 J. McGIVERON _________________________ J. McGIVERON Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch Dated this 1st day of July 1998 APPENDIX (a) Certificate of Competence—Overhead Electric Cranes (b) Certificate of Competence—Fork Lift Trucks &(57,),&$7(2) &203(7(1&( Awarded to Permit to operate Stramit Industries Overhead Electric Cranes This is to certify that the above named has been assessed in accordance with the Competency Standards for Operators of Load Shifting Equipment - NOHSC:7019 (1992) and having satisfied the requirements is authorised to operate Company Overhead Electric Cranes. Date ______________________________________ ______________________________________ Brian N Stone Elton W Brown Training Manager State Manager &(57,),&$7(2) &203(7(1&( Awarded to Permit to operate Stramit Industries Fork Lift Trucks This is to certify that the above named has been assessed in accordance with the Competency Standards for Operators of Load Shifting Equipment - NOHSC:7019 (1992) and having satisfied the requirements is authorised to operate Company Fork Lift Trucks. Date ______________________________________ ______________________________________ Brian N Stone Elton W Brown Training Manager State Manager SWAN CHRISTIAN EDUCATION ASSOCIATION INC. (ENTERPRISE BARGAINING) AGREEMENT 1998. No. AG 238 of 1998.