on behalf of the v Mr G.C.Sturman on behalf of the
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APPLICANT: on behalf of the
RESPONDENT: Mr G.C.Sturman on behalf of the
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Concept tags · 13
[P]Registered industrial agreement (WA)
[P]No work, no pay
[P]Annual leave
[P]Long service leave (WA)
[P]Long service leave (portable / federal)
[P]Casual employee definition (s15A)
[S]Genuine redundancy
[S]Redundancy consultation obligations
[S]Reasonable redeployment in redundancy
[S]Demarcation dispute
[S]Wages — payment obligations
[S]Overtime and penalty rates
[S]Superannuation guarantee
Archived text (1620 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Fluor Daniel Power and Maintenance Services and The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers—Western Australian Branch. No. AG 342 of 1996. Argyle Diamond Mine, Fluor Daniel Power & Maintenance Services, Maintenance Agreement, 1996. SENIOR COMMISSIONER G.L. FIELDING. 17 January 1997. Order. HAVING heard Mr I.K. Sunderland, (the Applicant’s Regional Manager), on behalf of the Applicant and Mr G.C.Sturman 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 agreement made between the parties in the terms of the following schedule and lodged in the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 327 77 W.A.I.G. Commission on the 24th day of December, 1996 entitled Argyle Diamond Mine, Fluor Daniel Power & Mainte- nance Services, Maintenance Agreement, 1996 be regis- tered as an industrial agreement. (Sgd.) G. L. FIELDING, [L.S.] Senior Commissioner. ——— Schedule. 1.0—TITLE This Agreement shall be known as the Argyle Diamond Mine, Fluor Daniel Power & Maintenance Services, Maintenance Agreement, 1996. 2.0—ARRANGEMENT 3.0 INTRODUCTION 3.1 Area and Scope 3.2 Incidence and Parties Bound 3.3 Date of Operation and Duration of Agreement 3.4 Process of Review of this Agreement 3.5 Relationship to parent Award(s) 3.6 Aims and Objectives of this Agreement 3.7 No Extra Claims Commitment 4.0 WAGES 4.1 Classification Structure and Wage Rates Structure— 1st Year 4.2 Movement in Rates 4.3 Superannuation 4.4 Redundancy 4.5 Casual Employees 4.6 Fortnightly Pays 5.0 ADDITIONAL ALLOWANCES 5.1 Award Allowances (a) Leading Hand Allowances (b) Tool Allowance 5.2 Disability Allowance 6.0 HOURS OF WORK 6.1 Hours of Work 6.2 Meal and Smoko Breaks 6.3 Requirement to Work Overtime (a) General (b) Rest Periods (c) Recalls / Call Outs (d) Notification (e) Call Out Roster (Cranage) 6.4 Shift Work (a) Definitions (b) Shift Loadings (c) Broken Shift 7.0 LEAVE 7.1 Public Holidays 7.2 Annual Leave 7.3 Long Service Leave 7.4 Leave Provisions for Casual Employees 7.5 R & R Leave Provision 8.0 INDUSTRIAL RELATIONS 8.1 Grievance Procedure 8.2 Disciplinary Procedure 8.3 Demarcation 8.4 Self-Supervision 8.5 Permanent Employees 8.6 Casual Employees 8.7 Seconded Employees 8.8 Wage Increases 8.9 Stand Down 9.0 OCCUPATIONAL HEALTH AND SAFETY 9.1 Safety Committee 9.2 Amenities 9.3 Inductions 9.4 Protective Clothing 9.5 Alcohol and Non-Prescription Drugs 10.0 CONSULTATIVE MECHANISMS 10.1 Commitment 10.2 Training 10.3 Continuous Improvement 10.4 Recognition and Feedback 10.5 Consultative Committee SIGNATORIES 3.0—INTRODUCTION The objectives of this Agreement are: (a) To reach agreement and understanding relating to various conditions peculiar to work involved in the provision of maintenance works services in the Argyle area and to ensure a safe productive working environment. (b) Increase the efficiency of the Company by the effec- tive utilisation of the skills and commitment of the Company’s employees. (c) Improve the job satisfaction and continuity of em- ployment for employees by fostering the develop- ment of a collaborative workforce and promoting the concept of increased individual ownership of the job. (d) Develop best practice standards that are internation- ally recognised based upon a culture of continuous learning and improvement. (e) To enhance the employability of the Company’s employees by encouraging the continual development of their skills. PROJECT COMMITMENT In the interests of the successful execution and continuation of these maintenance service projects the parties agree that their relationship and conduct will be consistent with the specific needs and schedules for the undertaking of the works and that any matters requiring agreement, negotiation or understanding shall be pursued in a forum of open communication. Furthermore the parties agree that given the commitment to following the orderly processes of dispute and grievance settlement work will continue normally. OCCUPATIONAL HEALTH & SAFETY STANDARDS The safety and well-being of employees associated with work involved in these maintenance service projects is paramount to all parties to this Agreement. Fluor Daniel Power & Maintenance Services will have in place for the duration of the work a duly accredited Occupational Health & Safety Policy which incorporates Legislative & Regulatory requirements with proven maintenance safety management systems. INDUSTRIAL RELATIONS AND GRIEVANCE RESOLUTION The parties agree that this project shall be industrially regulated in respect of wages and conditions of employment by this Agreement. This Agreement makes provision for a clear procedure for grievance resolution which ensures the expeditious resolution of issues and the continuity of normal work at all times and the parties agree without reservation, to abide by these grievance resolution procedures. COMMITMENTS TO REFORM It is a term of this Agreement that the parties undertake to continue with the implementation of structural efficiency measures at the workplace level and that they will assist and actively co-operate in achieving increased productivity, efficiency and flexibility. 3.1 Area and Scope (a) This Agreement shall only apply to Fluor Daniel Power & Maintenance Services’ Argyle Area main- tenance operations with respect to employees em- ployed in the classifications specified in Clause 4—Wages of this Agreement. (b) For the purposes of this Agreement the Argyle op- eration shall include all work areas associated with the Argyle Diamond Mine. 3.2 Incidence and Parties Bound (a) This Agreement shall apply to and be binding upon Fluor Daniel Power & Maintenance Services in its Argyle maintenance operations; all employees of Fluor Daniel Power & Maintenance Services em- ployed in its Argyle maintenance operations under the classifications specified in Clause 4.1—Wages of this Agreement who are members or who are eli- gible for membership of the Automotive, Food Met- als, Engineering, Printing and Kindrid Industries Union of Workers Western Australian Branch. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 77 W.A.I.G. 328 (b) For the purposes of this Agreement, Fluor Daniel Power & Maintenance Services’ Argyle Area main- tenance operations shall be deemed to be the enter- prise. (c) The parties to the Agreement shall be: (i) Fluor Daniel Power & Maintenance Services (ii) Automotive, Food, Metals, Engineering, Print- ing and Kindrid Industries Union, of Work- ers, Western Australian Branch (d) This agreement applies to 15 employees, plus casual employees as required. 3.3 Date of Operation and Duration of Agreement (a) This Agreement shall operate from the first pay pe- riod commencing on or after the date of ratification of this Agreement and continue in operation for a period of 12 months. (b) The parties shall commence renegotiation of this Agreement three months prior to its expiry. If agree- ment cannot be finalised prior to expiry an additional period of up to a maximum of three months will be permitted for negotiations to continue. Employees shall not enter into an industrial dispute during this negotiation period relative to the content or implementation of this Agreement, unless all pro- visions of the Industrial Relations Dispute Settlement Procedure contained herein are met. 3.4 Process of Review of this Agreement (a) The Consultative Committee (as referred to in Clause 3.0—Consultative Mechanisms) shall begin a proc- ess of review of the operation of the Agreement no later than six months after its introduction and there- after shall conduct regular formal reviews at an in- terval to be determined and thereafter by the Consultative Committee. (b) For the purposes of these reviews the Consultative Committee will pay particular attention, but not be limited to, an evaluation of productivity and effi- ciency enhancements made during the term of the Agreement. (c) The parties to this Agreement may apply to cancel the Agreement with effect from one year after the date of ratification, and may make application for a new Agreement to be registered in its place, subject to the outcomes of the process of review required under this Clause. 3.5 Relationship to Parent Award(s) (a) The foundation award underpinning the terms and provisions of this Agreement is the Metal Trades (General) Award No 13 of 1965, as amended, and the Metal and Electrical Trades (Argyle Diamond Mine) Maintenance Order No 1959 of 1990. (b) This agreement applied to the extent of any incon- sistency with the parent awards. 3.6 No Extra Claims Commitment (a) The parties agree to undertake a commitment that there shall be no extra claims for any or all items contained herein during the life of this Agreement. Increases in the award rates and / or increases in safety net increases shall be absorbed during the life of this Agreement. (b) The parties to the Agreement shall be bound by the terms of the Agreement for its duration. (c) Unless otherwise agreed the parties to this Agree- ment shall oppose any application by other parties to be joined to this Agreement. (d) The terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enterprise, whether involving Fluor Daniel Power & Maintenance Services or not. (e) The terms of this Agreement have resulted from ex- tensive negotiations relating to productivity enhance- ments that specifically relate to Fluor Daniel Power & Maintenance Services Argyle Area maintenance operations and thus cannot be used as a precedent elsewhere. 4.0—WAGES OF THIS AGREEMENT 4.1 Classification Structure and Wage Rates (Commencing from first pay period on or after the date of ratification and shall operate for a period of 12 months). 0 Skill Level Examples of Skill 1st Year of Agreement Levels Required Base Hourly Rate 5 Tradesperson Special Class - Technical $16.31 - High Precision Trade 4 Advanced Tradesperson - Tradesman with three additional certificated skills $15.66 3 Tradesperson - Trade Certificate $15.00 2 Multiskilled - Min of 3 skills eg Rigger / Scaffolder, Rubber Welder $13.69 - Crane Driver not less than 20t and up to 60t 1 Trades Assistant $12.60 Notes: 1. Base Hourly Pay Rate applicable to all approved paid absences. (R&R Leave, Sick Leave, Public Holidays & Workers Compensation) and Superannuation and includes allowances contained in the order of the