WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers’, Painters and Plasterers Union of Workers and Petnee Holdings Pty Ltd trading as PNM Painting Contractors. No. AG 43 of 1996. PNM Painting Contractors Domestic and Minor Industrial Agreement. CHIEF COMMISSIONER W S COLEMAN. 11 December 1996. Order. HAVING heard Mr G Giffard on behalf of the Applicant and there being no appearance on behalf of the Respondent, now therefore the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, and by con- sent, hereby orders— THAT the Enterprise Bargaining Agreement in the terms of the following schedule be registered with effect on and from the 8th day of March 1996. (Sgd.) W.S. COLEMAN, [L.S] Chief Commissioner. Schedule. 1.—TITLE This Agreement will be known as the PNM Painting Con- tractors Domestic and Minor Industrial Agreement. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Duration 6. Dispute Settlement Procedure 7. Single Enterprise 8. Relationship with Awards 9. Enterprise Agreement 10. Wage Increase 11. Industry Standards 12. Clothing and Footwear 13. Training Allowance, Training Leave, Recognition of Prior Learning 14. Seniority 15. Sick Leave 16. Pyramid Sub-Contracting 17. All-In Rates 18. Drug and Alcohol, Safety and Rehabilitation Pro- gram Appendix A—Wage Rates Appendix B—Drug and Alcohol, Safety and Reha- bilitation Program 3.—AREA AND PARTIES BOUND This is an Agreement between The Western Australian Build- ers’ Labourers, Painters & Plasterers Union of Workers (here- inafter referred to as the “Union”) and Petnee Holdings Pty Ltd trading as PNM Painting Contractors Domestic and Mi- nor (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 a member of the Union employed by the Company on work covered by the terms of the Building Trades (Construction) Award 1987, No 14 of 1978 (the “Award”). The scope of work covered by this Agreement applies to Domestic and Minor re- paint and maintenance work with a contract value less than $50,000. There are approximately 5 employees covered by this Agreement. 5.—DURATION This Agreement shall commence from the first pay period on or after the date of signing and shall continue in effect until 31 July 1997. 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 SETTLEMENT PROCEDURE In relation to any questions, disputes or difficulties arising out of the operation of this Agreement the dispute settlement procedure that shall apply shall be in the same terms as that outlined in Clause 46.—Settlement of Disputes of the Award. 7—SINGLE ENTERPRISE It is agreed that this Agreement applies in respect of a single enterprise as defined in Clause 41A(2) of the Western Aus- tralian Industrial Relations Act 1979, as amended (the “Act”). 8.—RELATIONSHIP WITH AWARDS This Agreement shall be read wholly in conjunction with the Award. Where this Agreement is silent on rates of pay and other matters pertaining to the employment relationship, the Award shall apply. Where there is conflict between the rates of pay, conditions, allowances and other matters in this Agree- ment and the Award the higher rate shall apply. 9.—ENTERPRISE AGREEMENT It is agreed that in the event of the Union and the Company agreeing on the terms of a comprehensive enterprise agree- ment, this Agreement may be terminated in accordance with the requirements of the Act. 10.—WAGE INCREASE This Agreement provides for increases in the hourly rate resulting in the wage rates in the Appendix A—Wage Rates. 11.—INDUSTRY STANDARDS It is a term of this Agreement that the Company will con- tinue to meet its current level of payment of $40.00 per week into the Western Australian Construction Industry Redundancy Fund and $40.00 per week into the Construction and Build- ing Unions Superannuation Scheme. 12—CLOTHING AND FOOTWEAR 1. The following items will be supplied to each employee by the Company, upon the completion of five working days. (a) 1 pair of safety boots, and will be replaced on a fair wear and tear basis. (b) 2 T-shirts with collars, and will be replaced on a fair wear and tear basis. (c) 1 bluey jacket for each employee employed during the period 1 April to 31 October. (One issued per year). 2. The Company will also make available to each employee, when requested by them, sun screen lotion and sun brims to fit over safety helmets. 13.—TRAINING ALLOWANCE, TRAINING LEAVE, RECOGNITION OF PRIOR LEARNING A training allowance of $11.00 per week per employee shall be paid by the employer to the Union Education and Training Fund. This payment will only be made after further consulta- tion between the parties on a commencement date for pay- ment. 14.—SENIORITY 1. The parties agree the continuity of employment is desir- able wherever possible, and that where it is not possible, em- ployees will be retrenched in order of seniority. 2. When applying the “first on last off” principle it is agreed subject to the caveat of “all things being equal”, it is intended to apply on a state basis rather than a site by site basis. 3. It is recognised that from time to time instances may arise where employee’s individual skills may be subject to this WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 77 W.A.I.G. caveat. Where there is any disagreement as to the application of this the matter will be processed in accordance with Clause 6.—Dispute Settlement Procedure. 4. An employee who has been retrenched by the Company shall have absolute preference and priority for re-employment/ re-engagement by the Company. Where an employee is re- engaged within a period of six months the employee shall maintain continuity of service and all accrued entitlements with the Company. 15.—SICK LEAVE For sick leave accrued after the date of ratification of this Agreement the following will apply. (a) The Company’s employees shall have the option of converting 100% of accrued sick leave entitlement to a cash payment on termination. (b) If an employee who has been terminated by the Com- pany without exercising the above option is re-en- gaged within a period of six months, the unpaid balance of sick leave shall continue from the date of re-engagement. 16.—ALL-IN PAYMENTS 1 All-In methods of payments shall be prohibited. 2 “All-In Payments” means any system of payment that is hourly, weekly, or daily which is either in lieu of payment for overtime, or in lieu of one or more of the various award con- ditions such as annual leave, public holiday payments, inclem- ent weather, etc. Provided that All-In payments do not include casual engage- ment on terms prescribed by the appropriate Award or Agree- ment. 3. If an employer has been paying an employee an all in-rate he/she shall be required to pay to the employee the difference (if any) between the employee’s actual earnings and what the employee would have earned had he/she been paid award rates and conditions during his/her period of employment. In addition to making the appropriated taxation deductions from the employee’s wages, the employer shall also be re- quired to make the appropriate contributions to the C+BUSS and Portable Long Service Leave Schemes. 4. If any party is of the view that this principle has been breached or is aware of a contracting arrangement on a site that is let to circumvent the payments prescribed under the award or this clause, the matter may, if not resolved by the head contractor, be negotiated between the parties or referred to the