WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. Clough WA—A Division of Clough Engineering Limited and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch. No. AG 86 of 1996. Co-Generation Power Station Project Agreement 1995. CHIEF COMMISSIONER W.S. COLEMAN. 29 April 1996. Order. HAVING heard Mr T. Dobson on behalf of the Applicant and Mr L. McLaughlan 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 Enterprise Bargaining Agreement in the terms of the following schedule be registered with effect on and from the 29th day of April, 1996. (Sgd.) W.S. COLEMAN, [L.S] Chief Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1310 76 W.A.I.G. Schedule. 1.—TITLE This Agreement shall be known as the Co-Generation Power Station Project Agreement 1995. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Area and Scope 4. General Conditions of Employment 5. Aims and Objectives 6. Non Precedent 7. Boots and Boot Allowance 8. Site Allowance 9. Coded Welding Allowance 10. Hours 11. Improvement Measures 12. Communications 13. Project Entry Requirements 14. Workforce Meetings 15. Flexibility of Labour Hire 16. Demarcation 17. Efficiency Payment 18. Superannuation 19. Resolution of Disputes 20. Safety 21. Safety Grievance Procedure 22. Hygiene 23. Equal Employment Opportunity 24. Wage Rates 25. No Extra Claims 26. Term 27. Signatories to Agreement 3.—AREA AND SCOPE This Agreement shall apply to those companies named as signatories to this Agreement and to their employees who are employed on the Co-Generation Power Station Project at Kwinana and bound by the following Awards and to the Un- ions listed hereunder— Awards Electrical Contracting Industry Award R 22 of 1978 Union Communication, Electrical, Electronic, Energy, Informa- tion, Postal, Plumbing and Allied Workers’ Union of Australia, Engineering and Electrical Division—WA Branch 4.—GENERAL CONDITIONS OF EMPLOYMENT Except as provided in this Agreement, the terms and condi- tions of each employee covered by this Agreement shall be as prescribed in the Award by which the employee would be bound if not for this Agreement and where the provisions of such Award are inconsistent with the provisions of this Agree- ment, the provisions of this Agreement shall prevail. 5.—AIMS AND OBJECTIVES This Agreement will facilitate a co-operative approach to employment relationships with the objective of achieving a productive and efficient working environment on the project. Further, the parties are jointly committed to ensuring a suc- cessful and timely completion of the project. 6.—NON PRECEDENT This Agreement shall not be used in any manner whatso- ever to obtain similar arrangements or benefits in any other project, plant or enterprise. 7.—BOOTS AND BOOT ALLOWANCE (1) Each employee on commencing employment with the named signatories to the Agreement shall be provided with one pair of safety boots free of charge. (2) Subclause (1) of this clause shall not apply if the em- ployer has previously issued safety footwear to a current em- ployee and such footwear is in good condition. (3) Employees shall also be paid a safety footwear mainte- nance allowance of $0.06 per hour for each hour worked, ex- cept where such an allowance is prescribed by their relevant Award. 8.—SITE ALLOWANCE A site allowance of $2.25 per hour for each hour worked shall be paid in recognition of the disabilities associated in carrying out construction work on the site and such payment shall be in lieu of all prescribed disability allowances in the named Awards. 9.—CODED WELDING ALLOWANCE A special class welder who is qualified to and working to at least ASME-IX or AS-1210 standard and engaged in welding duties requiring x-ray quality shall be paid $30.00 per week. 10.—HOURS Notwithstanding the provisions of the relevant award(s), starting times may be altered by agreement between the em- ployer and employees concerned to facilitate a more produc- tive working day, provided they are within the spread of hours 6.00am to 6.00pm. 11.—IMPROVEMENT MEASURES In order to achieve the main aims of improved productivity, efficiency and flexibility, the following measures will be im- plemented. (1) Occupational Health and Safety—Improved safety pro- cedures and the monitoring of methods will reduce durations of time lost through injury. With the co-operation of all con- cerned and a determined commitment from management gains will be made in this area. (2) Electronic Fund Transfer—Payment of wages will be by Electronic Fund Transfer into bank accounts nominated by employees. (3) Flexibility—In the interests of developing a more highly skilled and flexible project workforce and removing restric- tive demarcation barriers from the workplace, employees shall— (a) Carry out all directions and duties that are within the scope of their skill and training, whilst ensuring the safety and quality requirements of the project are maintained. (b) Acknowledge the importance of complying with and observing all safety rules and regulations set down for the project, particularly in a construction envi- ronment. (c) Subject to appropriate training, properly use all pro- tective clothing and equipment provided by the em- ployer for specified circumstances. (d) Comply with the disputes avoidance procedure as set out in this Agreement. (e) Recognise the right of the employer to have an ap- propriate number and mix of classification skills during any hours of work. (4) Sick Leave—On lawful termination of employment un- der this Agreement an employee with sick leave accrued for their duration on the project under the terms of the relevant Award, which has not been taken, shall be paid the amount of outstanding sick leave hours at his ordinary rate of pay as prescribed by this Agreement. The provisions of this clause do not apply to casual employ- ees. (5) Self-supervision—In keeping with the overall aims and objectives of this Agreement, and as a reflection of the com- pany’s faith in the ability and dedication of its employees, it is a further aim of this Agreement to promote the concept of self-supervision within its workforce on the project. Employees are to be encouraged to use their initiative and self-discipline to ensure that their work is completed with as little supervision as possible. Employees shall also be encour- aged to contribute ideas for productivity and efficiency en- hancements. Employees should at all times share with management a sense of responsibility for safety and quality of work at the workplace. A culture of dual commitment and responsibility is essential for the success of this project and for optimal job satisfaction and personal development. (6) Rostered Days Off (RDO’s)—Working hours will be arranged on a system which provides for an employee to ac- crue one rostered day off (RDO) over a four calender week WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1311 76 W.A.I.G. work cycle. A schedule of RDO’s shall be established for the project. Any scheduled RDO’s may be substituted for alternative days by agreement between the employer and employee with- out penalty to the employer provided the alternative RDO is given within an agreed time frame. 12.—COMMUNICATIONS The parties agree to take steps to improve and enhance com- munication between employees and management/supervisors through: • Tool Box Talks • Noticeboards • Newsletters/Bulletins 13.—PROJECT ENTRY REQUIREMENTS (1) To reinforce a safe site policy, access to the project will be restricted. (2) Any official of a union party to this Agreement shall where practicable give site management appropriate notice of their intention to visit the project. On arrival at the project work site the visiting official(s) shall first call at the site office and introduce themselves to site management prior to pursu- ing any bona fide union duties on site. (3) Union official(s) shall produce their union accreditation in accordance with the relevant award and observe the safety provisions for entry to the site. 14.—WORKFORCE MEETINGS Where possible, twenty-four (24) hours’ notice of union workforce meetings shall be given to the employer by the rel- evant full-time union official. Where such meetings are con- vened to discuss union matters or other issues they shall occur at the most convenient time for programming of work, i.e. prior to commencement of work, shift breaks, lunch time or smoko, etc. 15.—FLEXIBILITY OF LABOUR HIRE (1) Whilst it is the contractors normal practice to employ labour directly, the company requires due to the peaks and troughs nature of the work, that its site/project works are al- lowed flexibility in the employment of labour. (2) It is agreed that Labour Hire contractors may be em- ployed as required to meet the cyclic nature of the work being performed or when particular skills are in short supply. (3) For the purpose of this Agreement, labour hire person- nel are defined as employees of a company that provides sup- plementary labour to the respondents for the purpose of complementing the permanent workforce during periods of peak requirements, or for carrying out a specific task for a respondent on a “labour supply” only basis. (4) All supplementary labour hire will be paid in accord- ance with this Agreement for their duration on the project. 16.—DEMARCATION If a dispute arises between unions over coverage of work, work shall continue on the pre-dispute basis while the issues are being resolved. There shall be no disruption to work in any form and if the issues in dispute cannot be resolved by discussion, the matters should be referred to the relevant In- dustrial Relations Commission for determination. 17.—EFFICIENCY PAYMENT In keeping with the aims, objectives and intent of this Agree- ment the parties are committed to following the various pro- visions contained herein. Where an employee has complied with the provisions out- lined in this Agreement and is ready, willing and available to work as required in any week in accordance with the relevant award provisions, an employee shall accrue an Efficiency Pay- ment of $75.00 per complete week of service on the project. For the purposes of calculating pro-rata entitlements when required upon commencement or termination from the project, an employee on-site for less than one week shall accrue the payment only for those days which the employee worked on- site within that week, calculated at the rate of $15.00 per day Monday to Friday. The Efficiency Payment shall accrue weekly and by agree- ment between the employee and his/her employer be paid ei- ther weekly or on termination from the project. 18.—SUPERANNUATION The Respondents to this Agreement undertake to make con- tributions to an appropriate superannuation fund which meets the approved standards at the prevailing rate for the engineer- ing construction industry. 19.—RESOLUTION OF DISPUTES (1) (a) Where a grievance arises, the employee concerned or his/her Shop Steward shall initially discuss the matter with their immediate Supervisor. (b) If the grievance is still unresolved by the discussion re- ferred to in subclause (a) hereof, the employee together with his/her Shop Steward and their Supervisor shall discuss and attempt to resolve the dispute with the Project Manager. (c) Where the foregoing discussions fail to resolve the mat- ter of concern, it shall be referred to a Senior Management representative and the relevant Union organiser, at which stage the parties shall then initiate steps to resolve the grievance as soon as possible. (d) While the steps in paragraphs (a), (b) and (c) hereof are being followed, industrial action shall not be taken. (e) If the grievance remains unresolved, either party may refer the matter to the