WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Everett-Smith & Co Pty Ltd and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch No. AG 6 of 1997. Everett-Smith & Co Enterprise Bargaining Agreement SENIOR COMMISSIONER G.L. FIELDING 21 February 1997. Order. HAVING heard Ms V. Paul on behalf of the Applicant and Mr L. McLaughlan 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 Com- mission on the 15th day of January, 1997 entitled Everett- Smith & Co Enterprise Bargaining Agreement be registered as an industrial agreement and shall replace the Everett-Smith & Co Enterprise Bargaining Agreement No. AG 133 of 1995. (Sgd.) G. L. FIELDING, [L.S] Senior Commissioner. Schedule. 1.—TITLE This agreement will be known as the Everett-Smith & Co Enterprise Bargaining Agreement and will replace registered industrial agreement AG133 of 1995. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Parties Bound 4. Area and Scope 5. Date and Period of Operation 6. Application of Agreement WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 77 W.A.I.G. 654 7. No Extra Claims 8. Objectives of Agreement 9. Dispute Procedure 10. Consultative Processes 11. Training 12. Measures to Achieve Gains in Productivity, Efficiency and Flexibility 13. Severance 14. Journey Cover 15. Monitoring of Agreement 16. Wages 17. Date and Signatures 3.—PARTIES BOUND This agreement is made between Everett-Smith & Co Pty Ltd (ESCO) and the Communications, Electrical, Electron- ics, Energy, Information, Postal, Plumbing and Allied Work- ers’ Union of Australia, Engineering and Electrical Division, WA Branch (Union). 4.—AREA AND SCOPE Subject to clause 6 below, this agreement applies to ESCO, its employees who are members or eligible to be members of the Union employed in the classifications set out in clause 16 below, and the Union and will operate within the State of Western Australia. It is estimated that the number of employees who will be bound by the Agreement upon registration is 55. 5.—DATE AND PERIOD OF OPERATION This Agreement will operate from 1 January 1996 and will remain in force until 31 December 1997 or its earlier cessa- tion in accordance with clause 6. 6.—APPLICATION OF AGREEMENT (1) Specific Sites and Projects (a) Where the parties to this agreement are also parties to a written agreement which applies to a specific project the parties agree to discuss whether the pro- visions of this agreement will apply to that project in lieu of the specific project agreement. (b) If it is agreed that the specific project agreement ap- plies then the conditions of this agreement shall not apply. (c) This agreement shall not apply to certain contracts entered into by ESCO as determined from time to time and agreed to by the parties to this agreement. (d) Where a specific project or site agreement is appli- cable to work undertaken by ESCO and the Union are a party to that specific project or site agreement, the specific project or site agreement shall take prec- edence over this agreement. (e) Where a specific project or site agreement is applicable to work ESCO are contracted to carry out, and ESCO and the Union is not a party to that specific project or site agreement, it is agreed that the parties will discuss the application of this agreement to that work. (f) Where the parties are unable to agree upon the ap- plicability or otherwise of this agreement to the work both parties acknowledge the other party’s legal rights to protect their respective interests. (g) Both parties have the option of suspending this agree- ment effective immediately, provided that the sus- pension shall only extend to the application of this agreement to the work on the specific project or site. (2) If it is agreed that meaningful productivity increases can be achieved, but this agreement cannot be implemented in full, then wage increases available from this agreement may be in- troduced on a “pro rata” basis. The increases available from this agreement will be a maximum of those contained in clause 16—Wages. (3) The parties agree that if, following a review of this agree- ment by the parties and the Consultative Committee, it is agreed that this agreement places and continues to place ESCO and its employees at a competitive disadvantage, and/or produc- tivity and flexibility have not improved then ESCO has the option of reverting to work under the Electrical Contracting Industry Award R22 of 1978 (Award). (4) No part of this agreement shall be used by the Union, ESCO, or its employees as evidence or example before any industrial tribunal or proceedings not directly concerned with work covered under this agreement. (5) No part of this agreement shall be otherwise used by the Union, ESCO, or its employees as evidence or example be- fore any industrial tribunal or any other electrical contractor. (6) Pursuant to this agreement and its measures to achieve gains in productivity, efficiency and flexibility, ESCO shall provide the rates of pay prescribed in clause 16—Wages which shall be paid in lieu of the minimum weekly rate provided for in the award. (7) This agreement shall operate in conjunction with the Award. Where any inconsistency exists between this agree- ment and the Award, this agreement will take precedence to the extent of the inconsistency. 7.—NO EXTRA CLAIMS (1) The employees and the union shall not pursue any extra claims in relation to the Award, with the exception of future State Wage Decisions, for the life of this agreement. (2) Consistent with the Arbitrated Safety Net Adjustment Principle any future safety net adjustment shall be absorbable to the extent of any equivalent amount in rates of pay paid pursuant to this agreement. Future safety net adjustments shall not increase the wage rates contained at clause 16—Wages. 8.—OBJECTIVES OF AGREEMENT (1) The parties acknowledge their commitment to the prin- ciples of enterprise bargaining. (2) The parties agree that as a result of this agreement, ESCO need to achieve productivity improvements to continue to hold a competitive edge within the market place by: (a) heightening awareness and acceptance of account- ability levels of all in the contracting process within ESCO’s operations; (b) encouraging ESCO’s employees to accept responsi- bility in helping manage the total project perform- ance including that of subcontractors; (c) developing concepts of best practice, continuous improvement and quality control to enhance produc- tivity and efficiency; (d) developing a co-operative and harmonious working environment in the enterprise; (e) developing better employee management practices that promote shared concepts of skill formation, learning, teamwork, participation, flexibility and communication; (f) introducing best practice procedures in workplace health and safety and personnel management; (g) developing and following procedures to eliminate lost time and make better use of available working time, eg, start and finish at the designated workplace at normal start and finish times; (h) establishing measures to ensure ordered relations exist between ESCO and the union on ESCO’s work sites. (i) enhancing job satisfaction; (j) improving ESCO’s competitiveness to help improve job security. (3) It is agreed that the measures in this agreement, properly implemented and carried out, will assist in the achievement of those objectives. 9.—DISPUTE PROCEDURE (1) The Union undertakes to comply with the procedures contained in Clause 27—Grievance Procedure and Special Allowance of the Award without exception when any ques- tion, dispute or difficulty arises between the Union and ESCO in relation to the Award or this Agreement. 10.—CONSULTATIVE MECHANISMS (1) Effective participation and acceptance of account- ability levels in the construction process, and achievement of the common goal and objectives of this agreement, are enhanced by genuine consultation between ESCO and its employees. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 655 77 W.A.I.G. (2) A Consultative Committee (Committee) may be estab- lished within ESCO. The composition and size of Committee shall be determined by the parties. (3) The Committee will initially be chaired by ESCO’s State Manager or nominee. A representative of the Union may at- tend meetings. A representative of the Electrical Contractors’ Association of WA (ECA) may attend the meetings. (4) The role of the Committee is to act as a forum for consultation, guidance and advice between ESCO and its em- ployees on matters such as monitoring and reviewing: (a) implementation of this agreement and its objectives; (b) determination of benchmarks, best practice and con- tinuous productivity improvement; (c) the skills formation programme and ancillary train- ing; (d) the productivity improvement programme; (e) communication between ESCO and its employees; (f) fostering a consultative and co-operative environment and setting and accepting appropriate levels of ac- countability and responsibility. (5) The Committee is a consultative and advisory group and it is recognised by all parties that final and overall account- ability for company performance rests with ESCO. (6) At the expiration of this agreement the Committee shall disband. 11.—TRAINING (1) Training Generally (a) ESCO acknowledge the changing pace of technol- ogy in the electrical contracting industry and the need for employees to understand those changes and have the necessary skill requirements to keep ESCO at the forefront of the industry. (b) The parties to this agreement recognise that in order to increase the efficiency, productivity and competi- tiveness of ESCO, a commitment to training and skill development is required. Accordingly, the parties commit themselves to: (i) developing a more highly skilled and flexible workforce; and (ii) providing employees with career opportuni- ties through appropriate training to acquire the additional skills as required by ESCO. (c) It is agreed that a training programme be developed consistent with: (i) the current and future skill needs of ESCO; (ii) the size, structure and nature of ESCO; (iii) the need to develop vocational skills relevant to ESCO and the electrical contracting indus- try. (2) Trade Union Training (a) An accredited shop steward or other employee nomi- nated by the Union will be released from duty by ESCO without loss of pay to attend a Trade Union Training Authority course for a maximum of 4 days in any one year (b) ESCO is not obliged to release an employee from duty in accordance with subclause 11(2)(a) above unless: (i) the Union gives ESCO reasonable notice in writing of the intended course, such reason- able notice being not less than 2 weeks; (ii) in relation to an employee who is not a shop steward, ESCO considers the course will ben- efit such employee and agrees to release him/ her accordingly. 12.—MEASURES TO ACHIEVE GAINS IN PRODUCTIVITY, EFFICIENCY AND FLEXIBILITY (1) Award Matters It is agreed between the parties that all work performed for ESCO shall be performed in accordance with this agreement and with the Award as varied by this agreement and in con- junction with, where applicable, other industry agreements. (2) Flexibility of Hours, Breaks and RDO’s (a) It is agreed that employees will be flexible in the following areas: (i) where it is agreed between ESCO and the majority of affected employee(s) ESCO may reschedule ordinary working hours; (ii) the spread of hours may be altered by agree- ment between ESCO and the majority of em- ployees in the plant or section(s) concerned; (iii) agreement to reschedule ordinary working hours and to alter the spread of hours shall not unreasonably be withheld; (iv) flexibility of rest periods and meal intervals which may be staggered or otherwise arranged at a time and in a manner to suit the conven- ience of ESCO in conjunction with the provi- sions in subclause 11(1)(e) and (f)—Hours, of the Award; (v) flexibility of rostering employees’ days off. (b) It is agreed that when ESCO wish to reschedule an RDO, ESCO will endeavour to provide reasonable notice to the employee(s). RDO’s may be substituted by agreement in accordance with the Award, which agreement shall not unreasonably be withheld. (3) Maintenance of Workplace All employees are committed to ensure their workplace is maintained in a clean and safe condition. (4) Overtime (a) Overtime will be worked in accordance with Clause 12—Overtime of the Award. In particular the em- ployees agree to strictly adhere to subclause 12(2)(f)(i) and (ii)—Overtime, of the Award which states as follows: “(2)(f)(i) An employer may require any em- ployee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement. (2)(f)(ii) The union party to this award, or employee or employees covered by this award, shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.” (b) Overtime may be worked on an RDO weekend as required by ESCO. ESCO will endeavour to give employees who are required to work on an RDO weekend such prior notice as is reasonable in all the circumstances. (c) ESCO will introduce a roster system to endeavour to allocate overtime hours in a fair and equitable man- ner at ESCO’s discretion, provided that this will not disadvantage ESCO in any way. (d) In conjunction with the roster system ESCO will select the employees required to work overtime ac- cording to the needs of ESCO and the particular project. (e) When overtime has been scheduled and an em- ployee has committed himself or herself to work overtime, such commitment must be honoured. Where an employee has a valid reason to be ab- sent, in accordance with Award provisions, the employee is obligated to advise ESCO, as soon as possible prior to overtime commencement of that fact and the reasons therefore, so that alter- native arrangements may be made. (5) Place of Start and Finish Work It is agreed that all employees will be dressed and ready to start work at their normal start time at the designated workplace and work will finish at their normal finish time and place. On construction work the workplace shall be deemed to be the nearest ESCO compound or smoko shed. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 77 W.A.I.G. 656 (6) Footwear It is agreed that employees who have been issued with safety footwear will have such safety footwear replaced on a fair wear and tear basis. There shall be no automatic reissue of footwear where an employee is placed on a new site. (7) Uniforms and Clothing (a) ESCO agrees to provide each employee with: one pair boots one winter jacket suitable seasonal shirts (b) It is agreed that employees issued with ESCO uni- forms and clothing, in accordance with company policy as amended from time to time, shall wear such items during all work hours and each employee shall maintain his/her uniform/clothing in a respectable condition as approved by ESCO. (c) It is agreed that employees who have been issued with clothing will have such clothing replaced on a fair wear and tear basis. There shall be no automatic reissue of clothing where an employee is placed on a new site. (8) Care of ESCO Property (a) It is agreed that employees will treat all property, plant and equipment owned or hired by ESCO with due care and respect to ensure replacement is kept to a minimum. All property, plant and equipment shall be returned to the designated storage area each day. (b) A tradesperson or apprentice shall replace or pay for any tools supplied by ESCO if lost through his/her negligence. (c) It is agreed that all employees are committed to re- ducing the cost of maintenance and minimising theft and time spent looking for equipment not returned to its designated storage area. (9) Care of Consumables It is agreed that all employees are committed to ensure maxi- mum usage of ESCO materials and consumables is achieved and will exercise due care and precaution to prevent wastage. All employees are committed to identifying further ways in which wastage can be reduced. (10) Quality Management It is agreed that employees shall co-operate fully with the development and implementation of ESCO quality manage- ment systems and procedures, and will continually strive to improve the quality of the products and services supplied by ESCO. Employees are committed to reduce rework and com- plete tasks the first time, and eliminate the need to return to finish incomplete work. (11) Co-operation Between Employees and Supervisors (a) It is agreed that employees shall assist in the man- agement of efficiency and production of sites by ad- vising the supervisory staff at the earliest available opportunity if: (i) it is anticipated that a material shortfall may occur, and if a shortfall does occur; (ii) faulty hand tools are on site; (iii) production is likely to be delayed or is delayed by other trades; (iv) work is not being installed in accordance with the specifications or with SAA Wiring Rules. (b) Employees will take an active role to ensure that sufficient quantities and correct types of materials are available at the job site to maximise time at the workface. (c) Employees will take an active role in tool box meet- ings to eliminate safety hazards. (12) Use of Expertise and Duties (a) It is agreed that employees who have undertaken the appropriate training or obtained the appropri- ate license to operate plant and equipment, such as cherry pickers, boom lifts and hiab trucks, will exercise these skills or use such licenses when required to by ESCO. (b) Employees’ duties shall include any work for which the employee has requisite qualifications required in connection with the electrical contracting industry. (c) The parties shall use their best endeavours to avoid demarcation disputes. (13) Qualified Personnel Leading Hands are able to work on the tools until the ad- ministrative requirements of the project is such that this is not practical. (14) Rest Period (a) A rest period of 10 minutes shall be allowed in ac- cordance with the following: (i) Subject to the provisions of this paragraph, a rest period of 10 minutes from the time of ceas- ing to the time of resumption of work shall be allowed each morning. (ii) The rest period shall be counted as time off duty without deduction of pay and shall be arranged at a time and in a manner to suit the convenience of the employer. (iii) Refreshments may be taken by an employee during the rest period but the period of 10 min- utes shall not be exceeded under any circum- stances. (iv) An employer who satisfies the Commission that any employee has breached any condition expressed or implied in this paragraph may be exempted from liability to allow the rest pe- riod. (b) This arrangement may be altered to suit the conven- ience of ESCO. (c) Smoking is not permitted in ESCO offices, includ- ing site offices, toilet facilities, lunchrooms, motor vehicles and other ESCO facilities. (15) Unauthorised Absences (a) ESCO shall: (i) arrange an employee’s ordinary hours of work which shall average 38 hours per week; and (ii) select the method of implementation of the 38 hour week. (b) An employee shall present himself or herself for duty and remain on duty during the ordinary hours of work. (c) ESCO shall be under no obligation to pay for any hours not worked during those ordinary hours un- less it is an authorised absence in accordance with: (i) the Award provisions; or (ii) an instruction from ESCO that the employee may leave site without loss of pay. (16) Safety Disputes (a) Where an ESCO employee is affected by a safety dispute an employee shall comply with ESCO in- structions to either: (i) continue work when the area in which the employee is working is not affected by the con- dition giving rise to the dispute; or (ii) accept a transfer to work in an area of the site not affected by the condition giving rise to the dispute; or (iii) accept a transfer from one site to another site; or (iv) leave the site without loss of pay. (b) An employee who does not comply with ESCO in- structions shall forfeit wages for time not worked. (17)(a) Inclement Weather (Wet) (i) Where an ESCO employee is affected by in- clement wet weather, the employee will re- main on site and continue work as normal, provided that the area in which the employee is working is not affected by the inclement weather, that the amenities are accessible and there is first aid and occupational safety and health coverage on site. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 657 77 W.A.I.G. (b) Inclement Weather (Hot) (i) Where an ESCO employee is affected by in- clement hot weather being whether at a cer- tain temperature agreed by the parties, then the following procedures will apply: (i) where an employee is working in an area or external area which is effected by the inclement hot weather, they may be allowed to leave the site without loss of pay; (ii) where an employee is carrying out work in an airconditioned area, say will remain at the site and continue work- ing; (iii) where the area in which the employee is working is artificially cooled, the employee will remain on site and carry on working; (iv) where the site has a mixture of hot and cool areas, those employees working in the areas affected by the inclement hot weather can elect a transfer to a cooler area and remain at work. (c) An employee will not be affected by inclement weather unless by virtue of the weather conditions it is not reasonable and is not safe for work to con- tinue. (d) An employee fails to comply with this subclause, agrees to forfeit wages for time not worked. (18) All Other Disputes (a) Where an ESCO employee is affected by any other dispute an employee shall comply with ESCO in- structions to either: (i) continue work when the area in which the employee is working is not affected by the con- dition, situation or grievance giving rise to the dispute; or (ii) accept a transfer to work in an area of the site not affected by the condition, situation or griev- ance giving rise to the dispute; or (iii) accept a transfer from one site to another site; or (iv) leave the site without loss of pay. (b) An employee who does not comply with ESCO in- structions shall forfeit wages for time not worked. (19) Movement of Material It is agreed that employees will, where reasonably safe to do so, and in compliance with WorkSafe’s requirements, load and unload materials, plant and equipment from delivery vehicles and move such materials, plant and equipment as required without impediment. (20) New Technology It is agreed that employees will fully utilise all new techno- logical advances implemented by ESCO including, but not limited to, technological advances in relation to materials, methods, plant and equipment. (21) Work on Ladders It is agreed that employees will work on ladders where they are required to do so and such work complies with the Occu- pational Safety and Health Act. (22) Client Satisfaction (a) The employees will take an active role in ensuring client satisfaction and acknowledge that client rela- tionships are important to the growth of ESCO and its ability to offer continuing employment to its em- ployees. All employees agree to treat customers with courtesy and respect and to consider the customers’ interests in their actions. (b) ESCO and its employees recognise that a commit- ment to complete the project work on time and on budget is essential to the ongoing viability of the company and the prospects of long term employment of employees. (23) Commissioning Allowance A tradesperson will not receive a commissioning allowance for miscellaneous pre-commissioning. A tradesperson shall not receive a commissioning allowance unless that tradesperson is appointed by ESCO to the position of a commissioning tradesperson for a defined period. (24) Provision of Safety Personnel In the commercial sector of ESCO’s operations, ESCO will endeavour to provide appropriately trained safety personnel to attend on site where, as a result of a dispute, ESCO’s em- ployees are unable to continue work due to the absence of appropriately trained safety personnel. (25) First Aid Training The parties are committed to improving the safety of per- sonnel by ensuring adequate employees are competently trained in an approved basic first aid course. 13.—SEVERANCE ESCO agrees to increase contributions towards the sever- ance scheme facility administered by the ECA to $50.00 per week for each eligible employee of ESCO, effective from Feb- ruary 1996. 14.—JOURNEY COVER ESCO agrees to provide journey cover for each employee travelling to and from work, only where such travel is not covered under the relevant workers’ compensation legis- lation. 15.—MONITORING OF AGREEMENT The parties to this agreement shall continually monitor the development of the agreement and shall review the effect of this agreement three months prior to its expiration. If it is felt by the employees that the interpretation of this agreement places them at a disadvantage then the parties shall reconvene to resolve the issue. 16.—WAGES (1) The following weekly wage rates will apply from the first full pay period to commence on or after 1 January 1996, subject to registration of this Agreement in the Western Aus- tralian Industrial Relations Commission and the successful implementation of the principles contained within this docu- ment. Beginning of Beginning of Beginning of Beginning of 1st full pay 1st full pay 1st full pay 1st full pay period to period to period to period to commence commence commence commence on or after on or after on or after on or after ..1.../..1.../96 ..1.../..7../96 ..1.../..1.../97 ..1../..7../97 Electrical Installer $542.43 $562.77 $583.87 $605.77 Electrical Fitter $542.43 $562.77 $583.87 $605.77 Electronics Tradesperson $636.71 $660.59 $685.36 $711.06 Electrician Special Class $570.06 $591.44 $613.62 $636.63 Instrument Fitter/ Electrician Grade 2 $578.84 $600.55 $623.07 $646.43 Instrument Fitter/ Electrical Grade 1 $562.51 $583.60 $605.49 $628.20 Linesperson Grade 1 $542.43 $562.77 $583.87 $605.77 Cable Jointer $542.43 $562.77 $583.87 $605.77 Linesperson Grade 2 $521.88 $541.45 $561.76 $582.82 Electrical Assistant $459.59 $476.83 $494.71 $513.26 Apprentices 1st Year $211.55 $219.48 $227.71 $236.25 2nd Year $276.64 $287.01 $297.78 $308.94 3rd Year $363.43 $377.06 $391.19 $405.87 4th Year $428.52 $444.59 $461.26 $478.56 (2) Apprentices will be paid wages at the appropriate percentage shown in the Award, ie. 39%, 51%, 67%, 79%, of the Electrical Installer’s rate referred to in subclause 14(1) above. (3) The above weekly wage rates are paid in lieu of the rate of wages and safety net adjustment payment pursuant to subclause 2 of the First Schedule—Wages, of the Award, and are exclusive of allowances and other special payments pay- able pursuant to the Award. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 77 W.A.I.G. 658 17.—DATE AND SIGNATURES FOR AND ON BEHALF OF EVERETT-SMITH & CO PTY LTD Y.E. Smith (Signed) Terry Long (Signed) SIGNED WITNESSED Manager TITLE 24/12/96 DATE THE COMMON SEAL OF THE COMMUNICATIONS, ELECTRICAL, ELECTRONICS, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED WORKERS’ UNION OF AUSTRALIA, ENGINEERING AND ELECTRICAL DIVISION, WA BRANCH was hereto affixed in the presence of: Les McLaughlan (Signed) P.Carter (Signed) SIGNED WITNESSED Organiser Affix Seal TITLE COMMON SEAL 19.12.96 DATE FORRESTFIELD CBH GRAIN SILO CONSTRUCTION PROJECT AGREEMENT 1996 No. AG 328 of 1996.