WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. AMEC Australia Pty Ltd and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch. No. AG 199 of 1996. AMEC Australia Pty Ltd Enterprise Agreement 1996. COMMISSIONER G.L. FIELDING. 8 August 1996. Order. HAVING heard Ms S. Sanderson on behalf of the Applicant and Mr P.J. Carter 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 agreement made between the parties in the terms of the following schedule and lodged in the Com- mission on the 29th day of July, 1996 entitled AMEC Australia Pty Ltd Enterprise Agreement 1996 be regis- tered as an industrial agreement. (Sgd.) G. L. FIELDING, [L.S.] Commissioner. ——— Schedule. AMEC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 1.—TITLE This Agreement will be known as the AMEC Australia Pty Ltd Enterprise Agreement 1996 and will replace registered industrial agreement AG21 of 1995. 2.—ARRANGEMENT 1 Title 2 Arrangement 3 Area and Scope 4 Parties Bound 5 Date and Period of Operation 6 Application of Agreement 7 No Extra Claims 8 Objectives of Agreement 9 Dispute Procedure 10 Consultative Processes 11 Training 12 Measures to Achieve Gains in Productivity, Effi- ciency and Flexibility 13 Monitoring of Agreement 14 Wages 15 Date and Signatures 3.—AREA AND SCOPE Subject to clause 6 below, this Agreement will apply to AMEC Australia Pty Ltd (AMEC), its employees who are members or eligible to be members of the Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia, Engineering and Electrical Division, WA Branch (Union), employed in the classifications set out in Clause 14—Wages, and the Union and will operate within the State of Western Australia. It is estimated that the number of employees who will be bound by this Agreement upon registration is 25. 4.—PARTIES BOUND This Agreement is made between AMEC and the Union. 5.—DATE AND PERIOD OF OPERATION This Agreement will operate from 1 January 1996 and will remain in force until 31st December 1997 or its earlier cessation in accordance with clause 6. 6.—APPLICATION OF AGREEMENT (1) Specific Sites and Projects (a) Where the parties to this Agreement are also parties to a written agreement which applies to a specific project the parties agree to discuss whether the pro- visions of this Agreement will apply to that project in lieu of the specific project agreement. (b) If it is agreed that the specific project agreement applies then the conditions of this Agreement will not apply. (c) This Agreement will not apply to certain contracts entered into by AMEC as determined from time to time and agreed to by the parties to this Agreement. (d) Where a specific project or site agreement is appli- cable to work undertaken by AMEC and the Union are a party to that specific project or site agreement, the specific project or site agreement will take prec- edence over this Agreement. (e) Where a specific project or site agreement is appli- cable to work AMEC are contracted to carry out, and AMEC and the Union are not a party to that specific project or site agreement, it is agreed that the parties will discuss the application of this Agree- ment to that work. (f) Where the parties are unable to agree upon the ap- plicability or otherwise of this Agreement to the work, both parties acknowledge the other party’s legal rights to protect their respective interests. (g) Both parties have the option of suspending this Agreement effective immediately, provided that the suspension will only extend to the application of this Agreement to the work on the specific project or site. (2) If it is agreed that meaningful productivity increases can be achieved, but this Agreement cannot be implemented in full, then wage increases available from this Agreement may be introduced on a “pro rata” basis. The increases available from this Agreement will be a maximum of those contained in Clause 14—Wages. (3) The parties agree that if, following a review of this Agreement by the parties and the Consultative Committee, WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3839 76 W.A.I.G. agreement is reached that this Agreement places and continues to place AMEC and its employees at a competitive disadvantage, and productivity and flexibility have not improved then AMEC have the option of reverting to work under the Electrical Contracting Industry Award R22 of 1978 (Award). (4) No part of this Agreement is to be used by the Union, AMEC, or its employees as evidence or example before any industrial tribunal or proceedings not directly concerned with work covered under this Agreement. (5) No part of this Agreement is to be otherwise used by the Union, AMEC, or its employees as evidence or example before any industrial tribunal or any other contractor. (6) Pursuant to this Agreement and its measures to achieve gains in productivity, efficiency and flexibility, AMEC will provide the rates of pay prescribed in Clause 14—Wages which will be paid in lieu of the minimum weekly rate provided for in the Award. (7) This Agreement will operate in conjunction with the Award. Where any inconsistency exists between this Agreement and the Award, this Agreement will take precedence to the extent of the inconsistency. (8) The parties agree that registration of this agreement in the