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Agreement 1995. COMMISSIONER P E SCOTT. 10 January 1996. Order. HAVING heard Mr A Tomlinson on behalf of the v Mr A Waddell on behalf of the

(1996) 76 WAIG Single Commissioner (WAIRC) 1996-01-10 File: No. 10 of 1961
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APPLICANT: Agreement 1995. COMMISSIONER P E SCOTT. 10 January 1996. Order. HAVING heard Mr A Tomlinson on behalf of the
RESPONDENT: Mr A Waddell on behalf of the
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Concept tags · 4

[P]Registered industrial agreement (WA) [S]Good faith bargaining [S]Wages — payment obligations [S]Federal/state inconsistency (s109)
Archived text (820 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Coventry Group Ltd trading as Hot Mix Or Bitumen Emulsion and Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch. No. AG 312 of 1995. Coventry Group Ltd trading as Hot Mix or Bitumen Emulsions Cannington (Enterprise Bargaining) Agreement 1995. COMMISSIONER P E SCOTT. 10 January 1996. Order. HAVING heard Mr A Tomlinson on behalf of the Applicant and Mr A Waddell on behalf of the Respondent, now there- fore the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, and by consent, hereby orders— THAT the Enterprise Bargaining Agreement in the terms of the following schedule be registered with effect from the beginning of the first pay period commencing on or after the 21st day of December 1995. (Sgd.) P.E. SCOTT, [L.S] Commissioner. Schedule. 1.—TITLE This industrial agreement shall be referred to as the Coven- try Group Ltd trading as Hot Mix or Bitumen Emulsions Cannington (Enterprise Bargaining) Agreement 1995. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Scope and Parties to this Agreement 4. Relationship to Parent Awards 5. Single Bargaining Unit WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 348 76 W.A.I.G. 6. Aims and Objectives of the Agreement 7. Wages 8. Agreed Productivity Improvements 9. Measuring Productivity Improvements 10. Commitments 11. Term of Agreement 12. Dispute Resolution Procedure 13. No Further Claims 14. Not to be Used as a Precedent 15. Signatories to the Agreement 3.—SCOPE AND PARTIES TO THIS AGREEMENT (1) This Agreement shall apply to and be binding on Cov- entry Group Ltd trading as Hot Mix or Bitumen Emulsions (“the Company”) and all the employees engaged in connec- tion with the Transport Workers (General) Award No. 10 of 1961, at the Company’s Bickley Road, Cannington operations. (2) This Agreement shall also be binding upon the Trans- port Workers’ Union of Australia, Industrial Union of Work- ers, Western Australian Branch. (3) The parties will oppose any applications by other parties to be joined to this Agreement. 4.—RELATIONSHIP TO PARENT AWARDS (1) This Agreement shall be used and interpreted wholly in connection with the Transport Workers (General) Award No. 10 of 1961. (2) Where there is any inconsistency between this Agree- ment and the Award, this Agreement shall prevail to the ex- tent of any inconsistency. 5.—SINGLE BARGAINING UNIT (1) In accordance with the State Wage Decision in Decem- ber 1994 (74 WAIG 198) the employees and the Company have formed a single bargaining unit in respect to the Cannington operations. (2) The single bargaining unit will ensure that the frame- work of this enterprise agreement is adhered to by regularly conferring with the management through the meeting of the consultative committee. (3) The single bargaining unit will assist in the implementa- tion of measurements that are designed to improve the effi- ciency and productivity of the enterprise agreement that have been agreed to by the parties. 6.—AIMS AND OBJECTIVES OF THE AGREEMENT (1) The purpose of entering into an enterprise bargaining agreement is to increase the productivity, efficiency and flex- ibility of the Cannington operations to ensure the Company remains competitive within the bitumen paving industry. (2) The Company remains committed to the continual train- ing of all Cannington personnel so that their skills base can be enhanced, and to provide an environment in which these new skills can be utilised and recognised to the satisfaction of in- dividual employees. (3) Pursuant to the Occupational Health and Safety Act 1984 the Company recognises the need to improve occupational health and safety for all employees and is therefore commit- ted to the development and implementation of health and safety initiatives. This agreement provides for the participation of all employees in these initiatives in order that the Cannington operations will become a safer working environment. 7.—WAGES (1) The wage rates which shall apply pursuant to this Agree- ment are as follows: Award Grade Current EBA Rate Rate Upon Rate Rate Award July 1994 Registration FPPCOOA FPPCOOA Rate 1 July 24 February 1996 1997 $ $ $ $ $ Transport 1 367.20 381.90 392.90 403.90 414.90 Workers 2 382.50 397.80 409.30 420.80 432.30 (General) 3 390.20 405.80 417.50 429.20 440.90 Award No. 4 401.70 417.80 429.85 441.90 453.95 10 of 1961 5 409.30 425.70 438.00 450.30 462.60 6 417.00 433.70 446.20 458.70 471.20 7 424.70 441.70 454.45 467.20 479.95 (2) The increase prescribed in this clause shall operate with effect on and from the first pay period commencing on or af- ter the registration of this Agreement. (3) All current employees engaged under this Agreement shall be paid at their existing grade. (4) All new employees will be paid at the grade at which they are engaged. (5) All casual employees shall be paid the TWU rate for permanent, plus 10%, plus enterprise bargaining agreement. (6) The rates specified in subclause (1) of this clause will increase by a further $8.00 upon the variation by the