WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers—Western Australian Branch and United Construction Pty Ltd. No. AG 44 of 1996. United Construction Kwinana Nickel Refinery Maintenance Enterprise Based Agreement 1996. SENIOR COMMISSIONER G.G. HALLIWELL. 20 March 1996. Order. REGISTRATION OF AN ENTERPRISE BARGAINING INDUSTRIAL AGREEMENT No. AG 44 of 1996 HAVING heard Mr G. Sturman on behalf of the Applicant and Mr A. Carpenter on behalf of the Respondent and by con- sent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Schedule titled the United Construction Kwinana Nickel Refinery Maintenance Enterprise Based Agreement 1996, signed for me for identification, be reg- istered as an Enterprise Bargaining Industrial Agreement and shall take effect on and from the 21st day of Febru- ary, 1996. (Sgd.) G.G. HALLIWELL, [L.S] Senior Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the ‘United Construc- tion Kwinana Nickel Refinery Maintenance Enterprise Based Agreement 1996’. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Incidence and Parties Bound 4. Date and Period of Operation and Review 5. Relationship to Parent Award 6. Aims and Objectives 7. Strategy for Achieving the Aims of the Agreement 8. Productivity Improvement Agenda 9. Grievance Resolution 10. Training 11. Site Allowance 12. Flexible Working Hours 13. Casual Employees 14. Protective Clothing 15. Unpaid Days Off 16. Wages and Classifications 17. Travel Allowance 18. Superannuation 19. Redundancy 20. No Extra Claims—Commitments Signatures of the Parties Appendix 1 3.—INCIDENCE AND PARTIES BOUND This Agreement shall apply to and be binding upon United Construction Pty Ltd in its maintenance operations at the Kwinana Nickel Refinery (KNR) and some 30 employees of United Construction Pty Ltd engaged on KNR maintenance activities who are members or eligible for membership of the Automotive, Food, Metals, Engineering, Printing, and Kin- dred Industries Union of Workers—Western Australian Branch (AFMPEU). The parties to this Agreement are United Construction Pty Ltd (the Employer) and the AFMEPU (the Union). WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1048 76 W.A.I.G. wage increases specified in Clause 12.—Wage Increase of this Agreement. (a) Multi-skilling Employees will, subject to Clause 35 of the Metal Trades (General) Award 1966 No. 13 of 1965, when required carry out all such duties that are within the limits of an employee’s skill, competence and train- ing. This will be further enhanced by training and certification of employees of United Construction KNR Maintenance workforce. This is done in con- junction with Clause 10.—Training. (b) Flexibility Employees will perform all reasonable directions and duties within their limits of skill, competence and training, to facilitate a flexible and productive work- ing environment. (c) Staff to Assist Wages Employees Where Practicable Engineering, commissioning and supervisory staff may use tools when carrying out inspections, testing equipment or instructing employees under agreed cir- cumstances; provided this does not replace in any way the jobs of employees covered by this Agree- ment. (d) Work Schedule Under this Agreement future working arrangements may be altered consistent with the clients needs for maintenance flexibility, in consultation with the Monitoring Committee, where such change may have an impact on the agreement or award the union shall be consulted. It is understood by the employees covered under this Agreement that due to the nature of the site, flexibil- ity in work structure is a key element of this Agree- ment. (e) Call Out It is acknowleged that due to the nature of the main- tenance work undertaken by the UC-KNR workforce, all employees may be contacted at home and re- quested to work (if available). Employees required to be called out will be paid in accordance with the provisions of the parent award. (f) Sick Leave The parties agree that the entitlement to sick leave does not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such proof that the employer may reasonably require, provided that an employee shall not be required to produce a certificate from a medical practitioner with respect to two such absences in any year of service, employer requests in writing that the next and subsequent ab- sences in that year if any, shall be accompanied by such certificate. The parties agree that employees unable to attend work due to illness will notify the site within three hours of their normal starting time. This will allow site management to ensure that all employees have arrived at work and/or are accounted for. All employees where possible will reduce absent/ sick days taken. The target for this Agreement is that average sick leave taken should not be more than 50% of the award entitlement. 9.—GRIEVANCE RESOLUTION (1) Where a grievance arises the matter shall initially be discussed between the employee concerned and if that em- ployee so desires his/her shop steward representative and the employee’s immediate supervisor. (2) If the grievance is still unresolved by the discussions re- ferred to in subclause (1) hereof the shop steward shall discuss and attempt to resolve the grievance with the site manager. (3) Where the above discussions fail to resolve the griev- ance it shall be referred to a senior management representa- tive and a representative of the State branch of the union. The parties shall then initiate steps to resolve the grievance as soon as possible. 4.—DATE AND PERIOD OF OPERATION AND REVIEW (1) This Agreement shall be effective from the 9th February, 1996, (date of agreement between the parties) and shall be registered by the Western Australian Industrial Relations Com- mission for a period of two years. (2) The parties shall review the Agreement three months prior to its cessation. (3) The parties will assess achievements in productivity and efficiency during the term of the Agreement. (4) Following the process of reviewing this Agreement it shall be renewed, replaced or cancelled as appropriate. 5.—RELATIONSHIP TO PARENT AWARD (1) The provisions of the Agreement shall be read and inter- preted wholly in conjunction with Part 1 of the Metal Trades (General) Award 1966 No. 13 of 1965. (2) Where there is any inconsistency between this Agree- ment and Part 1 of the Metal Trades (General) Award 1966 No. 13 of 1965, this Agreement shall prevail to the extent of any inconsistency. 6.—AIMS AND OBJECTIVES (1) The shared aim of this Agreement is to allow United Construction to provide a service of Total Quality and Total Commitment while allowing flexibility for KNR maintenance operations. Kwinana Nickel Refinery is a site in which United Con- struction shall strive to maintain a multi-skilled, flexible and loyal workforce. It is intended that this agreement will allow all parties to further enhance the skills and attributes of the United Construction KNR workforce. (2) To support this aim, the following specific objectives have been agreed: (a) To be preferred maintenance service contractor to KNR at the time of contract renewal. (b) To establish and enhance the multi-skilled aspects of the UC-KNR workforce. (c) To have a highly motivated, dedicated and loyal workforce. (d) To achieve a zero lost time injury level. (e) To establish and enhance a productive working relationship between the workforce and the man- agement. (f) To continuously improve the flexibility that has been created with the UC-KNR workforce. 7.—STRATEGY FOR ACHIEVING THE AIMS OF THE AGREEMENT (1) To achieve the aims and objectives of Clause 6.—Aims and Objectives of this Agreement the following strategy has been agreed: (a) A monitoring committee shall be established within two months of the commencement of this Agreement, to monitor the progress of the Productivity Agenda Items for employees under the agreement. (b) The monitoring committee shall be comprised of two employee representatives and the Project Manager and/or their nominee’s. (2) (a) Ongoing discussions regarding productivity, work practices, management/employee relations and general pro- posal for improvement of any aspect of operations will take place on a monthly basis to allow the monitoring of produc- tivity aims and objectives. It will allow the committee to uti- lise and acknowledge the intellectual resources, skills and experience available within the United Construction workforce to reach and maintain the aims and objectives of this Agree- ment. (b) The parties will continue to address issues designed to increase productivity and flexibility at the United Construc- tion maintenance operations at the KNR site. The following agenda items have been established with agreed targets to form the base to determine entitlement to WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1049 76 W.A.I.G. (4) While the steps in subclause (1), (2) and (3) hereof are being followed no industrial action shall be taken. A maxi- mum of seven days is allowed for steps 1, 2 and 3 to solve any grievance. (5) If after seven days the grievance is still not resolved, either party may refer the matter to the