WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Food Preservers’ Union of Western Australia, Union of Workers and Inghams Enterprises Pty Limited. No. AG 230 of 1996. COMMISSIONER R. H. GIFFORD. 7 October 1996. Order. REGISTRATION OF AN INDUSTRIAL AGREEMENT No. AG 230 OF 1996. HAVING heard Ms K. Cameron on behalf of the Applicant and Mr D. Brinkworth 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 Inghams Poultry Processing Agreement 1996, No. AG 230 of 1996, as specified by the following schedule, be registered as an Industrial Agreement. (Sgd.) R.H. GIFFORD, [L.S] Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the “Inghams Poultry Processing Agreement 1996”, No. AG 230 of 1996. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Area and Scope 4. Incidence and Parties Bound 5. Term of Agreement 6. Relationship to Award 7. Overtime 8. Terms of Wage Increase 9. Grievance Procedure 10. Wages 11. Signatories 3.—AREA AND SCOPE The Area and Scope of this Agreement shall be that pre- scribed in the Food Industry (Food Manufacturing or Process- ing) Award No. A20 of 1990, (“the Award”) as amended from time to time, insofar as it applies to employees of Inghams Enterprises Pty Ltd, employed at the production centre at Osborne Park, Western Australia. It is estimated that approximately 240 employees will be bound by this Agreement upon registration. 4.—INCIDENCE AND PARTIES BOUND This Agreement shall apply to and be binding on Inghams Enterprises Pty Limited (“the Company”), The Food Preserv- ers’ Union of Western Australia, Union of Workers (“FPU”) and all employees employed at the Company’s operation in Osborne Park, who are members or are eligible to be mem- bers of the union cited and who are covered by the Award or any successor thereto. 5.—TERM OF AGREEMENT (1) This Agreement shall operate from 18 March 1996 and shall expire on 18 March 1998. (2) The parties to this Agreement shall begin negotiations for a new Agreement at least 3 months prior to the expiration of this Agreement. (3) Following its expiry, the Agreement shall continue to operate until varied by the parties or replaced by another Agree- ment. 6.—RELATIONSHIP TO AWARD (1) This Agreement shall be read and interpreted wholly in conjunction with the Award identified in Clause 3.—Area and Scope of this Agreement, as varied from time to time. (2) Where there is any inconsistency between this Agree- ment and the Award, this Agreement shall prevail to the ex- tent of that inconsistency. Where this Agreement is silent, Award provision shall apply. 7.—OVERTIME Employees understand that the nature of the business is such that they may be required to work overtime when the need arises. This may include overtime on the early finishing day (Friday). Additional overtime may be necessary during a nor- mal working week. As such, employees give a commitment to make themselves available to do such overtime as far as it is reasonable and practicable. Employees may be required to work on Public Holidays on the following basis: (1) Employees will not be required to work on Good Friday or Christmas Day. (2) Award penalty rates will apply to work performed on Public Holidays. (3) Employees will be given 14 days notice of any re- quirement to work on a Public Holiday. 8.—TERMS OF WAGE INCREASE (1) In return for the commitment by the employees as per Clause 7.—Overtime hereof, the Company agrees to a wage increase of 5% effective from 18 March 1996 and a further 5% effective from the first pay period on or after 18 March 1997. (2) The parties agree that during the life of this Agreement there may be a further increase of up to 3% based on produc- tivity outcomes agreed upon by both parties. Any dispute re- garding this matter shall be dealt with in accordance with Clause 9.—Grievance Procedure hereof. (3) Except as provided in subclause (2) hereof the Union and employees of the company undertake that no further claims will be made upon the Company in respect of any industrial matter that will increase employment costs, for the term of this Agreement. (4) In the event that the Award is varied to include any fu- ture “Safety Net Adjustments” awarded by the Western Aus- tralian Industrial Relations Commission then such increases shall be off-set against the increases in this Agreement. 9.—GRIEVANCE PROCEDURE (1) Any question, dispute or difficulty arising from this Agreement shall be dealt with in accordance with the follow- ing procedure. (a) The matter shall first be discussed between the em- ployee affected and the appropriate supervisor. The employee may choose to be represented by the un- ion delegate. (b) If not settled the matter shall be discussed between the employee, an accredited representative of the union and the appropriate representative of the Com- pany. (c) If not settled the matter shall be discussed between an official of the union and an appropriate repre- sentative of the Company. (2) A reasonable time frame shall apply to each step of the procedure as prescribed in subclause (1) hereof. (3) While the matter in dispute is being discussed in accord- ance with the procedure, as prescribed in subclause (1) hereof, work shall continue and the status quo as applying before the dispute shall be maintained. No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this clause. (4) It will be open to either party at any time to seek the assistance of the Western Australian Industrial Relations Com- mission in resolving any disputes. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 4188 10.—WAGES (1) Full time Employees A Supplementary Industry Allowance based on days or hours worked will be paid in addition to and separate from the base rate upon the completion of a 3 month probationary period. This supplementary Industry Allowance will be included for the purpose of annual leave, sick leave, public holidays, work- ers compensation, etc. The following wage rates are for 38 ordinary hours per week and shall come into effect on the first full pay period on or after the dates listed below: (a) As at 18 March 1996: Level 2 Hanging Base Rate $423.31 Supp. Ind. Allow $18.38 Total $441.69 Evisceration Base Rate $401.78 Supp. Ind. Allow $13.65 Total $415.43 Packing Base Rate $401.78 Supp. Ind. Allow $8.93 Total $410.71 Level 3 Filleting/Saws Base Rate $425.99 $425.99 (b) As at 18 March 1997: Level 2 Hanging Base Rate $444.48 Supp. Ind. Allow $19.30 Total $463.78 Evisceration Base Rate $421.87 Supp. Ind. Allow $14.33 Total $436.20 Packing Base Rate $421.87 Supp. Ind. Allow $9.38 Total $431.25 Level 3 Filleting/Saws Base Rate $447.29 $447.29 (c) An additional productivity based increase as pro- vided by subclause (2) of Clause 8.—Terms of Wage Increase of this Agreement may be paid from a date agreed between the parties and, in the event that the date is prior to 18 March 1997, the amounts speci- fied in paragraph (b) hereof shall be increased by the amount of the agreed productivity based increase. (2) Part Time Employees Part time employees shall receive payment for ordinary hours of work at an hourly rate of one thirty eighth of the appropri- ate base rate prescribed by subclause (1) hereof. The supple- mentary Industry Allowance for the appropriate level will be paid separately. (3) Casual Employees A casual employee employed by Inghams Enterprises Pty Limited under the terms and conditions of the Food Industry (Food Manufacturing or Processing) Award No. A20 of 1990, shall be paid one thirty eighth of the appropriate base rate prescribed in subclause (1) hereof and in addition a loading of 20% on said base rate for all ordinary hours of work. If appli- cable, the separate Supplementary Industry Allowance will be made payable (without 20% loading). 11.—SIGNATORIES For and on behalf of the Food Preservers’ Union of Western Australia Union of Workers: ................Signature and Common Seal.................. JOSEPH BULLOCK Name of Signatory Date: 9 August 1996 UNION SECRETARY Position of Signatory For and on behalf of the Inghams Enterprises Pty Limited: ..............................Signature.............................. P. J. MANNING Name of Signatory Date: 7 August 1996 GENERAL MANAGER Position of Signatory JOBSKILLS TRAINEE LITTLE WHALERS CHILD CARE CENTRE AGREEMENT 1996 No. AG 135 of 1996.