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 Eltin Surface Mining Pty Ltd. No. AG 206 of 1996. Eltin Surface Mining Pty Ltd Boddington Gold Mine Maintenance Agreement. COMMISSIONER A.R. BEECH. 27 August 1996. Order. HAVING heard Mr G. Sturman on behalf of the Applicant and Mr P. Zorzi 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 Eltin Surface Mining Pty Ltd Boddington Gold Mine Maintenance Agreement be registered in accordance with the following Schedule commencing on and from the 19th day of August 1996. (Sgd.) A. R. BEECH, [L.S.] Commissioner. ——— Schedule. 1.—TITLE This agreement shall be known as the Eltin Surface Mining Pty Ltd Boddington Gold Mine Maintenance Agreement 1996. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Term 4. Area and Scope 5. Contract of Service 6. Hours of Work 7. Overtime 8. Shift Work 9. Payment of Wages 10. Holidays and Annual Leave 11. Absence Through Sickness 12. Bereavement Leave 13. Long Service Leave 14. Classification and Wage Rates 15. Redundancy 16. Avoidance of Industrial Disputes 17. Signatories 3.—TERM The terms of this agreement shall be as follows: (1) Clause 7.—Overtime and Clause 8.—Shiftwork shall apply from 1st March 1996. (2) Subclause (1) of Clause 14.—Classification and Wage Rates shall apply from 1st March 1996 for all employees except leading hands. (3) Subclause (2) of Clause 14.—Classification and Wage Rates shall apply from 19th August 1996. (4) All other provisions of this agreement shall apply from 19th August 1996. (5) This agreement shall remain in force for a period of eighteen months from 19th August 1996. 4.—AREA AND SCOPE This agreement shall apply to Eltin Surface Mining Pty Ltd (the employer) and its 14 employees engaged in the maintenance and repair of mobile and fixed mining plant and equipment at the Boddington Gold Mine in Western Australia. The agreement shall not apply to persons engaged as “serviceman” and who fall within the area and scope of Eltin Boddington Gold Mine Agreement 1993 with The Australian Workers’ Union, West Australian Branch, Industrial Union of Workers. This agreement shall also apply to The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers Western Australian Branch (the union). Unless otherwise specifically stated this agreement shall provide for the rates of pay and conditions applicable at Boddington and no other award or agreement shall apply. 5.—CONTRACT OF SERVICE Clause 6.—Contract of Service of Part 1—General of the Metal Trades (General) Award 1966 shall form part of and shall be deemed to be incorporated into this agreement. Employees acknowledge that the nature of the employer’s business is such that work is undertaken at various locations throughout Australia. Employees acknowledge that employment with the employer may require employees to be transferred to other locations in Australia. The employer may transfer employees covered by this agreement to any of its Australian operations for up to three months, after which time an employee may return to Boddington if the employee so desires. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3887 76 W.A.I.G. The employer shall give employees one week’s notice of such transfers and shall pay the cost of transfers. Transfers, unless otherwise stated by the employer, shall be on single status. Employees transferred to other sites shall maintain the rate of pay paid under this agreement but shall work to, and abide by, the hours, rest and recreation and other provisions of the site to which they are being transferred. 6.—HOURS OF WORK (1) Clause 13.—Hours of Part 1—General of the Metal Trades (General) Award 1966 shall form part of and shall be deemed to be incorporated into this agreement. (2) Notwithstanding subclause (1) of Clause 6.—Contract of Service of the Metal Trades (General) Award 1966 the implementation of the 38 hour week shall be by employees working less than eight ordinary hours each day in accordance with subparagraph (3)(a)(i) of Clause 13.—Hours of Part 1.— General of the Metal Trades (General) Award 1966. 7.—OVERTIME Clause 14.—Overtime of Part 1—General of the Metal Trades (General) Award 1966 shall form part of and shall be deemed to be incorporated into this agreement. 8.—SHIFT WORK (1) Agreement on shift work has been reached between the employer and the employees and the union. (2) Subject to Clause 6.—Hours of Work and Clause 7.— Overtime the shift rotation shall be five day shifts followed by five night shifts followed by five days off. (3) The employer may ask for volunteers to work during their days off. Employees may work during their days off on a voluntary basis. Employees volunteering to work such days shall be paid at ordinary rates for the ordinary hours on any such days and overtime for overtime hours in accordance with this agreement. (4) The hours of work for the shifts shall be: (a) Day shift 5.50am to 6.10pm (b) Night shift 5.50pm to 6.10am. (5) All work performed in ordinary hours on a rostered shift, when the major portion of such shift falls on a Saturday, Sunday or a holiday shall be paid for as follows: Saturday—at the rate of double time Sunday—at the rate of double time Holidays—at the rate of double time. (6) Persons engaged on night shift Monday to Friday shall be paid an additional 15% for ordinary hours worked. 9.—PAYMENT OF WAGES Wages shall be paid fortnightly by electronic transfer into a bank account nominated by the employee. 10.—HOLIDAYS AND ANNUAL LEAVE (1) Clause 23.—Holidays and Annual Leave of Part 1.— General of the Metal Trades (General) Award 1966 shall form part of and be deemed to be incorporated in this agreement. (2) Notwithstanding subclause (1) of this clause the annual leave entitlements for continuous shift workers covered by this agreement shall be four weeks per annum. 11.—ABSENCE THROUGH SICKNESS (1) An employee absent from work through personal illness or injury by accident is entitled to leave of absence without deduction of pay on the following conditions and limitations: (a) Payment for absence through sickness or injury will be for: (i) full time employees 7.6 hours; and (ii) part time employees ordinary rostered hours at the employee’s ordinary hourly rate, up to a maxi- mum of 7.6 hours per day. (b) The employee is not entitled to be paid under this clause for any period in respect of which the em- ployee is entitled to workers compensation. (c) The employee is not entitled to be paid leave of ab- sence under this clause for any period in excess of the employee’s accumulated sick leave entitlement. (d) The employee will provide, to the satisfaction of the employer, evidence of illness or injury in respect of each day for which payment is claimed. (e) Leave benefits will accumulate at the rate of ten days per year of continuous service. (2) The employee will make every effort to inform the employer of the employee’s inability to attend for duty, the nature of injury or illness and estimated duration of absence not later than two hours prior to the commencement of the rostered shift. 12.—BEREAVEMENT LEAVE An employee is entitled to a maximum of three days off duty in any one year of service without loss of pay for ordinary hours for bereavement leave on the production of satisfactory evidence of the death of the employee’s husband, wife, father, mother, brother, sister, child, stepchild or parents-in-law. For this clause the words wife and husband include defacto wife or husband. 13.—LONG SERVICE LEAVE Clause 34.—Long Service Leave of the AWU Gold (Mining and Processing) Award 1993 shall be incorporated into and form part of this agreement. 14.—CLASSIFICATION AND WAGE RATES (1) (a) Maintenance Employee Level 1; means An employee on commencement at Boddington: $500.84 per week (b) Maintenance Employee Level 2; means A maintenance tradesperson who is able to correctly diagnose faults, evaluate and assess the possible impact to the operation and initiate first stage maintenance remedial action, who works with minimal supervision, provides other trades guidance and assistance, exercises trade skills relevant to the specific requirements of the enterprise: $545.30 per week (2) In addition to the wage prescribed in this clause a leading hand shall be paid $0.43 cents per hour, all purpose, whilst working as a leading hand. 15.—REDUNDANCY The provisions of Clause 32A.—Redundancy of Part 1— General of the Metal Trades (General) Award 1966 shall be incorporated in and form part of this agreement. 16.—AVOIDANCE OF INDUSTRIAL DISPUTES In relation to any questions, disputes or difficulties arising out of the operation of this agreement the dispute settlement procedure that shall apply shall be the provisions of Clause 34.—Avoidance of Industrial Disputes of Part 1 of the Metal Trades (General) Award 1966 and that clause shall be incorporated in and form part of this agreement. 17.—SIGNATORIES In witness whereof the parties hereto have signed and, where necessary, sealed this agreement on the; 19th day of July 1996 at Perth signed on behalf of Eltin Surface Mining Pty Ltd P. Zorzi in the presence of J. Kirou signed on behalf of The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers Western Australian Branch J. Sharp-Collett in the presence of D. Hicks WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 3888 FESTIVE POULTRY LIMITED ENTERPRISE BARGAINING AGREEMENT 1996 No. AG 139 of 1996.