WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Kilpatrick Green Pty Ltd and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch. No. AG 105 of 1997. Kilpatrick Green Pty Ltd (WA) Agreement. 30 May 1997. Order. HAVING heard Ms V. Paul on behalf of the Applicant and Mr C. Young on behalf of Respondent, and by consent, the Com- mission, 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 18th day of April, 1997 entitled Kilpatrick Green Pty Ltd (WA) Agreement be registered as an in- dustrial agreement. (Sgd.) G.L. FIELDING, [L.S.] Senior Commissioner. Schedule. KILPATRICK GREEN PTY LTD (WA) ENTERPRISE BARGAINING AGREEMENT 1.—TITLE This Agreement will be known as the Kilpatrick Green Pty Ltd (WA) Agreement. 2.—ARRANGEMENT 1 Title 2 Arrangement 3 Area and Scope 4 Parties Bound 5 Date and Period of Operation 6 Application of Agreement 7 No Extra Claims 8 Objectives of Agreement 9 Dispute Resolution Procedure 10 Consultative Processes 11 Training 12 Measures to Achieve Gains in Productivity, Effi- ciency and Flexibility 13 Monitoring of Agreement 14 Wages 15 Date and Signatures 3.—AREA AND SCOPE Subject to clause 6 below, this Agreement will apply to Kilpatrick Green Pty Ltd (WA) (Kilpatrick Green), its em- ployees who are members or eligible to be members of the Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia, Engineering and Electrical Division, WA Branch (Union), employed in the classifications set out in Clause 14—Wages, 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 this agreement upon registration is 51. 4.—PARTIES BOUND This Agreement will be binding upon Kilpatrick Green and the Union. 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) This Agreement reflects the particular situations apply- ing to WA and the application of the principles of the Kilpatrick Green National Framework Agreement. (2) Specific Sites and Projects On particular projects or sites, the company may be required by a customer or a principal contractor to comply with spe- cific contractual or project/site conditions. In such circumstances, where any conditions are inconsistent with the terms of this Agreement, the parties to this Agreement will review the components of such project agreements to ensure that there is no “double dipping” or disadvantage and agree on what terms will apply for that project as follows— (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 will not apply. (c) Where a specific project or site agreement is appli- cable to work undertaken by Kilpatrick Green and the Union are a party to that specific project or site agreement, the specific project or site agreement will take precedence over this Agreement. (d) Where a specific project or site agreement is appli- cable to work Kilpatrick Green are contracted to carry out, and Kilpatrick Green and the Union are 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. (e) 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. (f) Both parties have the option of suspending this Agree- ment effective immediately, provided that the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 77 W.A.I.G. 1430 suspension will only extend to the application of this Agreement to the work on the specific project or site. (g) Kilpatrick Green specific project/site agreements will only be developed where particularly remote or dif- ficult site locations require particular solutions of work in such locations. (3) 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 introduced on a “pro rata” basis. The increases available from this Agreement will be a maximum of those contained in Clause 14—Wages. (4) The parties agree that if, following a review of this Agree- ment by the parties and the Consultative Committee, agreement is reached that this Agreement places and continues to place Kilpatrick Green and its employees at a competitive disad- vantage, and productivity and flexibility have not improved then Kilpatrick Green have the option of reverting to work under the Electrical Contracting Industry Award R22 of 1978 (Award). (5) No part of this Agreement is to be used by the Union, Kilpatrick Green Pty Ltd (WA) or its employees as evidence or example before any industrial tribunal or proceedings not directly concerned with work covered under this Agreement. (6) No part of this Agreement is to be otherwise used by the Union, Kilpatrick Green, or its employees as evidence or ex- ample before any industrial tribunal or any other contractor. (7) Pursuant to this Agreement and its measures to achieve gains in productivity, efficiency and flexibility, Kilpatrick Green will provide the rates of pay prescribed in Clause 14— Wages, which will be paid in lieu of the minimum weekly rate provided for in the Award. (8) This Agreement will 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. (9) The parties agree that registration of this agreement in the