WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers and the Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch and Waco Kwikform Limited. No. AG 254 of 1997. Waco Kwikform Limited Industrial Agreement. COMMISSIONER P E SCOTT. 14 November 1997. Order. HAVING heard Mr G Giffard on behalf of the Applicant and there being no appearance 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 Waco Kwikform Limited Industrial Agree- ment in the terms of the following schedule be registered on the 27th day of October 1997. (Sgd.) P. E. SCOTT, [L.S.] Commissioner. ——— WAGE AGREEMENT Schedule. 1.—TITLE This Agreement will be known as the WACO KWIKFORM LIMITED 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. Site Allowance 12. Industry Standards 13. Clothing and Footwear 14. Training Allowance, Training Leave, Recognition of Prior Learning 15. Seniority 16. Sick Leave 17. Pyramid Sub-Contracting 18. Fares and Travelling 19. Drug and Alcohol, Safety and Rehabilitation Pro- gram 20. No Extra Claims 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 Builder’s Labourers, Painters, & Plasterers Union of Workers and the Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia—Western Australian Branch (hereinafter referred to as the “Unions”) and WACO KWIKFORM LIMITED (hereinafter referred to as the “Company”) in the State of Western Australian. 4.—APPLICATION This Agreement shall be binding upon the Company, the Unions, its officers and members, and any person eligible to be members of the Unions employed by the Company as Yard employees only (“the employees”) on work covered by the terms of the Building Trades (Construction) Award 1987, No. 14 of 1978 (the “Award”). There are approximately EIGHT employees covered by this Agreement. 5.—DURATION This Agreement shall commence from the first pay period on or after the 1st of August 1997 and shall continue in effect until 31 October 1999. 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 WA 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 Agreement and the Awards the higher rate shall apply. 9.—ENTERPRISE AGREEMENT It is agreed that in the event of the Unions and the Company agreeing on the terms of a comprehensive enterprise agreement, 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.—SITE ALLOWANCE This Agreement covers yard employees only and therefore Site Allowance is not applicable. 12.—INDUSTRY STANDARDS 1. Redundancy It is a term of this Agreement that the Company will immediately increase its payments to $45.00 per week per employee into the Western Australian Construction Industry Redundancy Fund and then will increase this to $50 per week per employee on 1 August 1998. 2. Superannuation The Company will immediately increase its level of payment into the Construction & Building Unions Superannuation WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3441 77 W.A.I.G. Scheme to $55 per week per employee and then increase this to $60 per week per employee on the 1 August 1998. 3. Apprentice Rates The Company agrees to maintain a ratio of no more than four trades people to one apprentice employed. 13.—CLOTHING AND FOOTWEAR 1. The following items will be supplied to each employee by the Company, after the completion of five working days by an employee. (a) 1 pair 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. 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. 14.—TRAINING ALLOWANCE, TRAINING LEAVE, RECOGNITION OF PRIOR LEARNING 1. A training allowance of $12.00 per week per employee shall be paid by the Company to the Union Education and Training Fund. 2. Subject to all qualifications in this clause, an employee shall, upon application in writing to and with approval of the Company, be granted leave with pay each calender year pro- rata to attend courses conducted or approved by the NBCITC. The Company’s approval shall not be unreasonably withheld, subject to the course list and course content meeting the specific requirements of the Company’s quality system training needs, skills audit and job description for the employee. The application for leave shall be given to the Company at least two weeks in advance of the date of commencing of the course. The time of taking leave shall be arranged so as to minimise any adverse effect on the Company’s operations. The onus shall rest with the Company to demonstrate an inability to grant leave where an employee is otherwise entitled. The Company shall not be liable for any additional expenses associated with an employee’s attendance at a course other than— course fees course books and materials payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time earnings shall be defined as the agreement classification rate. Leave of absence granted pursuant to this clause shall count as service for all purposes of this agreement. 3. The employer will actively encourage employees to seek formal recognition of their skills (recognition of prior learning), and will allow leave as per (2) above for such purposes including but not limited to securing Tradesmen’s Rights Certificates. 15.—SENIORITY 1. The parties agree the continuity of employment is desirable wherever possible, and that where it is not possible, employees 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 the employee’s individual skills may be subject to this 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. If, within a period of three (3) months of an employee being retrenched, the Company decides to re-employ someone in the same capacity as the retrenched employee (other than on a casual basis) then the retrenched employee shall be given the preference of being re-employed by the Company. The Company must give the retrenched employee three (3) days notice within which to advise the Company whether he wishes to take up the employment offered. The notice shall be sent tot he retrenched employee’s last known address on the Company’s books. If the retrenched employee does not respond to the notice from the Company within the time specified, then the Company will have no further obligations to the retrenched employee under this clause. 16.—SICK LEAVE For sick leave accrued after the date of signing this agreement the Company will pay to the employee on termination of his/ her employment, as a cash payment, an amount equal to 100% of his/her accrued sick leave entitlement. 17.—PYRAMID SUB-CONTRACTING 1 “Pyramid Sub-contracting” is defined as the practice of a sub-contractor, to whom a sub-contract is originally awarded, sub-letting that contract or part thereof to another sub- contractor. 2. Provided that where a sub-contractor does not have the technical capacity to handle a specialist section of the contract and intends to engage a specialist sub-contractor to perform that work, that section may be re-let to a specialist sub- contractor. 3. It is agreed that when a sub-contract is let to the Company for labour and material, the labour portion of the sub-contract may be sub-let by the Company, but it is unacceptable as a principle for any sub-contractor to the Company to further sub- let the labour portion of the contract. 4. A bona fide sub-contractor of the Company is generally an employer of labour, save for a machine owner operator. 5. Where a disagreement arises in relation to the definition or application of the term “Pyramid Sub-Contracting” the parties shall discuss and determine the issue in accordance with the agreement dispute resolution procedure. In any event of a disagreement, the matter shall be negotiated further between the parties or referred to the