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Breadroom Enterprise Agreement 1996. COMMISSIONER P E SCOTT. 4 April 1996. Order. HAVING heard Mr J Uphill on behalf of the v Mr A Waddell on behalf of the

(1996) 76 WAIG Single Commissioner (WAIRC) 1996-04-04 File: No. 35 of 1963
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APPLICANT: Breadroom Enterprise Agreement 1996. COMMISSIONER P E SCOTT. 4 April 1996. Order. HAVING heard Mr J Uphill on behalf of the
RESPONDENT: Mr A Waddell on behalf of the
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Concept tags · 6

[P]Payment in lieu of notice [P]Enterprise agreement approval [P]Enterprise agreement variation [S]Good faith bargaining [S]Overtime and penalty rates [S]Federal/state inconsistency (s109)
Archived text (762 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Buttercup Bakers (Malaga) and Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch. No. AG 46 of 1996. Buttercup Bakers (Malaga)—Breadroom Enterprise Agreement 1996. COMMISSIONER P E SCOTT. 4 April 1996. Order. HAVING heard Mr J Uphill on behalf of the Applicant and Mr A Waddell on behalf of the Respondent, 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 on the 13th day of March, 1996. (Sgd.) P.E. SCOTT, [L.S] Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the Buttercup Bakers (Malaga)—Breadroom Enterprise Agreement 1996. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Area and Scope 4. Parties Bound 5. Date and Period of Operation 6. Relationship to Parent Award 7. Lump Sum Payment 8. Reducing Phase-out Payment 9. Special Hours Loading 10. Hours of Work 11. Overtime 12. Dispute Settling Procedures 13. Signatories 3.—AREA AND SCOPE This Agreement shall apply at Buttercup Bakeries, 38 Crocker Drive, Malaga in the State of Western Australia in respect of all employees who are employed in the breadroom pursuant to the terms of the Breadcarters’ (Metropolitan) Award No. 35 of 1963. It is estimated that approximately 60 employ- ees will be affected by this Agreement. 4.—PARTIES BOUND This Agreement shall be binding on the Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australia Branch and Quality Bakers Australia Limited trad- ing as Buttercup Bakeries. 5.—DATE AND PERIOD OF OPERATION This Agreement shall operate from the beginning of the first pay period commencing on or after 15 January 1996 and will remain in force for a period of 24 months, but this shall not prevent the registration of subsequent enterprise agreements. 6.—RELATIONSHIP TO PARENT AWARD This Agreement is to operate in conjunction with the Breadcarters’ (Metropolitan) Award No. 35 of 1963 (“the Award”) provided that where there is any inconsistency be- tween this Agreement and the award, the provisions of this Agreement shall prevail to the extent of any inconsistency. 7.—LUMP SUM PAYMENT A lump sum payment equivalent to 1 (one) year’s standard over award payment shall be payable on 15 January 1996. 8.—REDUCING PHASE-OUT PAYMENT In lieu of the standard over award payment continuing for a period of 12 months but reducing each month by 1/12, a fur- ther lump sum payment will be made. The value of the reducing phase-out payment to each em- ployee will be converted to a lump sum payment payable upon registration of this Agreement, or at the discretion of the em- ployee can be deferred for payment until 1 July 1996. 9.—SPECIAL HOURS LOADING A loading of 15% of the ordinary hourly rate will be paid for each hour which is worked between the hours of 7.00pm and 7.00 am, excepting those hours worked on Saturday, Sun- day and Public Holidays. 10.—HOURS OF WORK The 38 ordinary hours each week may be worked on 5 con- secutive shifts over any 7 day period, only one day of which can be a Saturday or a Sunday. Hours worked on a Saturday shall be paid at time and one half for the first two hours and double time thereafter. Hours worked on a Sunday shall be paid at double time and hours worked on a Public Holiday shall be paid at double time and one half. 11.—OVERTIME (a) Employees will be offered the opportunity to work regu- larly rostered shifts in excess of 8 hours provided the em- ployee gives a commitment to be available, other than in exceptional circumstances, to perform such overtime for a period of at least 3 months. (b) Where overtime of a specified duration is offered and accepted by the employee, the employee must work that en- tire period and not finish work before the overtime is com- pleted. 12.—DISPUTE SETTLING PROCEDURE Any questions, disputes or difficulties associated with this agreement shall be referred to the Western Australian Indus- trial Relations Commission. 13.—SIGNATORIES Signed for and on behalf of The Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch. ASSISTANT SECRETARY JIM McGIVERON (signed) RICHARD BURTON L.S. 22/ 12/ 1996 SIGNATURE NAME OF PERSON DATE AUTHORISED TO SIGN (print) Signed for and on behalf of Buttercup Bakers. (signed) MURRAY SCOTT 23/2/96 SIGNATURE NAME OF PERSON DATE AUTHORISED TO SIGN (print) WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 949 76 W.A.I.G. CONSTRUCTION WORKER LEVEL 1 (STRUCTURES) SWAN VALLEY NYUNGAH COMMUNITY TRAINEESHIP AGREEMENT 1996 No. AG 65 of 1996.