Benchmark WA Industrial Relations Case Database

nch and Gilbarco Aust. Ltd. No. AG 179 of 1996. COMMISSIONER R. H. GIFFORD. 14 August 1996. Order. REGISTRATION OF AN INDUSTRIAL AGREEMENT No. AG 179 OF 1996 Having heard Mr G. Sturman on behalf of the v Ms J. Dowling on behalf of the

(1996) 76 WAIG 3894 Single Commissioner (WAIRC) 1996-08-14 File: No. 13 of 1965
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APPLICANT: nch and Gilbarco Aust. Ltd. No. AG 179 of 1996. COMMISSIONER R. H. GIFFORD. 14 August 1996. Order. REGISTRATION OF AN INDUSTRIAL AGREEMENT No. AG 179 OF 1996 Having heard Mr G. Sturman on behalf of the
RESPONDENT: Ms J. Dowling on behalf of the
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Concept tags · 8

[P]Enterprise agreement approval [P]Enterprise agreement variation [P]Registered industrial agreement (WA) [P]Casual employee definition (s15A) [S]Good faith bargaining [S]Wages — payment obligations [S]Superannuation guarantee [S]Federal/state inconsistency (s109)
Archived text (1180 words)
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 Gilbarco Aust. Ltd. No. AG 179 of 1996. COMMISSIONER R. H. GIFFORD. 14 August 1996. Order. REGISTRATION OF AN INDUSTRIAL AGREEMENT No. AG 179 OF 1996 Having heard Mr G. Sturman on behalf of the Applicant and Ms J. Dowling 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 Gilbarco Aust. Ltd (Perth) Enterprise Agree- ment 1996, No. AG 179 of 1996, as specified by the fol- lowing schedule, be registered as an Industrial Agreement. (Sgd.) R. H. GIFFORD, [L.S.] Commissioner. ——— Schedule. 1.—TITLE This Agreement shall be known as the Gilbarco Aust. Ltd (Perth) Enterprise Agreement 1996, No. AG 179 of 1996, and shall replace the Gilbarco Aust. Ltd (Perth) Agreement 1994, No. AG 134 of 1994. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Application 4. Parties Bound 5. Period of Operation 6. Relationship to Parent Award 7. Objectives of Agreement 8. Single Bargaining Unit 9. Wages 10. Consultation 11. No Extra Claims 12. Industrial Dispute Avoidance 13. Non Precedent 14. Superannuation 15. State Standards 16. Monitoring of Agreement 17. Signatories Attachment “A” Attachment “B” Attachment “C” 3.—APPLICATION This Agreement shall apply at the premises of Gilbarco Aust. Ltd, 77 Cleaver Terrace, Belmont to an estimated 20 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 3894 employees, excluding short-term casual employees with less than three months of service, who are bound by the terms of the Metal Trades (General) Award 1966, No. 13 of 1965, insofar as those provisions relate to the parties referred to in Clause 4.—Parties Bound of this Agreement. 4.—PARTIES BOUND The parties to this Agreement are— (1) Gilbarco Aust. Ltd. (2) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers—Western Australian Branch (AFMEPKIU). 5.—PERIOD OF AGREEMENT This Agreement shall operate from the beginning of the first pay period to commence on or after the date of registration and remain in force for a period of two years. 6.—RELATIONSHIP TO PARENT AWARD This Agreement shall be read and interpreted wholly in conjunction with the Metal Trades (General) Award 1966, No. 13 of 1965, provided that where there is any inconsistency between the documents, this Agreement, including the provisions of “Attachment A” hereto, shall take precedence to the extent of such inconsistency. 7.—OBJECTIVES OF AGREEMENT The objectives and specific measures designed to achieve productivity, flexibility and efficiency improvements in the enterprise are set out in “Attachment A” to this Agreement. 8.—SINGLE BARGAINING UNIT For the purpose of negotiating this Enterprise Agreement, a single bargaining unit has been established. 9.—WAGES (1) Wages will be increased as follows— Wage Classification Column Column Column Column Group 1 2 3 4 C14 Engineering Production Employee — Level 1 4% 1% 4% 1% C13 Engineering Production Employee — Level 2 4% 1% 4% 1% C12 Engineering Production Employee — Level 3 4% 1% 4% 1% C11 Engineering Production Employee — Level 4 4% 1% 4% 1% C10 Engineering Trades- person — Level 1 4% 1% 4% 1% C9 Engineering Trades- person — Level 2 4% 1% 4% 1% C8 Engineering Trades- person Special Class— Level 1 4% 1% 4% 1% (2) The increase shown in subclause (1) hereof shall be payable as follows— (a) The increase shown in Column 1 shall be paid from the beginning of the first full pay period commenc- ing on or after the date of registration of this Agree- ment. (b) The increase in Column 2 shall be payable, in addi- tion to the amount specified in paragraph (a) hereof, from the first pay period on or after 1 May 1997, provided there has been compliance with the require- ments of subclause (3) of this clause. (c) The increase in Column 3 shall be paid from the first full pay period commencing one year after the date of registration of this Agreement. (d) The increase in Column 4 shall be paid from the first pay period beginning on or after 1 May 1998, provided the requirements of subclause (3) hereof have been met. (3) Performance Pay Component: An increase of 1% will be paid to all employees covered by this Agreement in accordance with the following— 1996/97— * the 1% level will be payable for achieving a point score on the matrix contained in “Attachment C” to this Agreement, greater than eight (8) for the year 1 April 1996—31 March 1997, based on the year end figures at 31 March 1997. 1997/98— * the 1% level will be payable for achieving a point score on the matrix contained in “Attachment C” to this Agreement, greater than twelve (12) for the year 1 April 1997—31 March 1998, based on the year end figures at 31 March 1998. (4) The wage increases specified in subclause (1) hereof shall be payable in addition to the current agreed enterprise base rates of pay and shall constitute part of the all-purpose rate of pay in respect of employees covered by this Agreement. (5) The wage increases referred to in subclause (1) hereof shall not be absorbed into any over-award payment. (6) There shall not be any further wage increases for the life of this Agreement. (7) Exclusion of External Site Wage Parity Arrangements: Notwithstanding the wage increases prescribed in subclause (1) hereof, the parties accept that they shall not apply to employees whilst working on external sites away from Perth who are already in receipt of a higher total weekly wage because of a wage parity arrangement pe- culiar to the external site. 10.—CONSULTATION The process for the employer and employees to consult each other about matters involving changes to the organisation or performance of work is via the established consultative committee, which shall meet at least three times per year. 11.—NO EXTRA CLAIMS It is a term of this Agreement that any of the parties bound will not pursue any extra claims, award or over-award, for the life of the Agreement. 12.—INDUSTRIAL DISPUTE AVOIDANCE (1) A procedure for the avoidance of disputes, questions or difficulties shall apply in the establishment covered by this Agreement. The objective of the procedure shall be to promote the resolution of disputes by measures based on consultation, co- operation and discussion; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages. It is acknowledged that in some companies or sectors of the industry, disputes avoidance/settlement procedures are either now in place or in the process of being negotiated and it may be the desire of the immediate parties concerned to pursue those mutually agreed procedures. (1a) (a) Any question, dispute or difficulty arising under this Agreement shall be subject to dispute settlement procedures established under this Agreement. (b) Any settlement reached which is contrary to the terms of this Agreement shall not have effect unless or until that conflict is resolved. (c) Any matter not settled may be referred to the