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ald & Mavric Bricklaying Services. No. AG 94 of 1995. McDonald & Mavric Bricklaying Services Industrial Agreement. COMMISSIONER P.E. SCOTI. 6 July 1995. Order. HAVING heard Mr W Tracey on behalf of the v there being no appearance on behalf of the

(1995) 75 WAIG Single Commissioner (WAIRC) 1995-07-06
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APPLICANT: ald & Mavric Bricklaying Services. No. AG 94 of 1995. McDonald & Mavric Bricklaying Services Industrial Agreement. COMMISSIONER P.E. SCOTI. 6 July 1995. Order. HAVING heard Mr W Tracey on behalf of the
RESPONDENT: there being no appearance on behalf of the
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Concept tags · 6

[P]Enterprise agreement approval [P]Enterprise agreement variation [P]Registered industrial agreement (WA) [S]Good faith bargaining [S]Wages — payment obligations [S]Mining / resources sector
Archived text (984 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia-Western Australian Branch and McDonald & Mavric Bricklaying Services. No. AG 94 of 1995. McDonald & Mavric Bricklaying Services Industrial Agreement. COMMISSIONER P.E. SCOTI. 6 July 1995. Order. HAVING heard Mr W Tracey on behalf of the Applicant and there being no appearance on behalf of the Respondent, now therefore, the Commission pursuant to the powers conferred on it under the Industrial Relations Act, 1979, and by con- sent, hereby orders- THAT the Enterprise Bargaining Agreement in the terms of the following Schedule be registered with effect from the beginning of the ftrst pay period commencing on or after the 1st day of August 1995. (Sgd.) P.E. SCOTI, [L.S] Commissioner. Schedule. I.-TITLE This Agreement will be known as the McDonald & Mavric Bricklaying Services Industrial Agreement. 2.-ARRANGEMENT 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Duration 6. Dispute Settlement Procedure 7. Single Enterprise 8. Relationship with Award 9. Enterprise Agreement 10. Wage Increase 11. Industry Standards 12. Clothing and Footwear 13. Shop Steward 14. Ratiftcation Appendix A 3.-AREA AND PARTIES BOUND This is an Agreement between The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia-Western Australian Branch (hereinafter referred to as the "Union") and McDonald & Mavric Bricklaying Serv- ices (hereinafter referred to as the "Employer") in the State of Western Australia. 4.-APPLICATION This Agreement shall be binding upon the Employer, the Union, its officers and members, and any person eligible to be a member of the Union employed by the Employer on work covered by the terms of the Building Trades (Construction) Award 1987, No. R 14 of 1978 (the "Award"). 5.-DURATION This Agreement shall commence from the ftrst pay period on or after 1 August 1995 as indicated in Clause 14.-Ratift- cation of this Agreement and shall continue in effect until 31 July 1997. Provided that nothing in this clause shall pre- vent the implementation of a comprehensive enterprise agree- ment as detailed in Clause 9.-Enterprise Agreement of this Agreement. The parties agree to commence discussion on the terms and conditions of any future agreement three calendar months prior to the expiration of this Agreement. 6.-DISPUTE SETTLEMENT PROCEDURE The dispute settlement procedure that shall apply to this Agreement shall be in the same terms as that outlined in Clause 46.-Settlement of Disputes of the Award. 7.-SINGLE ENTERPRISE It is agreed that this Agreement applies in respect of a single enterprise as deftned in Clause 41A(2) of the WA Industrial Relations Act, 1979 as amended (the "Act"). 8.-RELATIONSHIP WITH AWARD This Agreement shall be read wholly in conjunction with the Award. Where this Agreement is silent on rates of pay and other matters pertaining to the employment relationship, the Award shall apply. Where there is conflict between the rates of pay, conditions, allowances and other matters in this Agreement and the Award the higher rate shall apply. 9.-ENTERPRISE AGREEMENT It is agreed that in the event of the Union and the Employer agreeing on the terms of a comprehensive enterprise agree- ment, this Agreement may be terminated in accordance with the requirements of the Act. lO.-WAGE INCREASE (1) This Agreement provides for increases resulting in the hourly rates as set out in Appendix A of this Agreement. (2) An allowance of $4.00 per hour worked will be paid. This allowance is in lieu of all special rates in Clause 9.- 2138 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 75 W.A.I.G. Special Rates and Provisions of the Award and any site allow- ance, structural or productivity allowance that may be paid on a particular site. (3) Payment for public holidays not worked, jury service, annual leave, sick leave, inclement weather, travel time spent travelling to distant work as defined in Clause 2l.-Living Away From Home-Distant Work of the Award, bereavement leave, trade union training leave and presenting for work but not required will be paid at the Award hourly rate. I I.-INDUSTRY STANDARDS It is a term of this Agreement that the Employer will con- tinue to meet its current level of payment into the following non-wage benefit schemes for the life of the Agreement: (I) the Construction + Building Unions Superannuation Scheme; (2) the Western Australian Construction Industry Re- dundancy Fund; and (3) the Construction Industry Portable Paid Long Serv- ice Leave Scheme. 12.-CLOTHING AND FOOTWEAR (1) The following items will be supplied to each employee by the Employer, upon the completion of five working days, and will be replaced on a fair wear and tear basis: (a) One (1) pair of safety boots; (b) Two (2) t-shirts with collars; (c) One (1) bluey jacket for each employee employed during the period 1 April to 31 October. Provided that where an employee has been provided with a pair of safety boots and/or a bluey jacket by a previous em- ployer prior to commencing with the new employer, the new employer will only replace them on a fair wear and tear basis or if the employee can prove loss. (2) The Employer will also make available to each employee, when requested by them, sun screen lotion and sun brims to fit over safety helmets. 13.-SHOP STEWARD The Employer shall allow the shop steward of the Union adequate time during normal working hours to attend to Un- ion duties. 14.-RATIFICATION The signatures that follow testify to the fact that this Agree- ment shall come into effect from the first pay period on or after 1 August 1995. B Ethell Chris McDonald PRESIDENT CHRIS MCDONALD ON BEHALF OF TIIE UNION ON BEHALF OFTIIE EMPLOYER Dated this 1st day of June 1995. APPENDIX A Part 1 Part 2 Part 3 Part 4 1/8/95 1/2/96 1/8/96 1/2/97 Classification Hourly Hourly Hourly Hourly Rate Rate Rate Rate Bricklayer $14.23 $14.70 $15.17 $15.64 PETERS (WA) LIMITED (BALCATTA SECURITY OFFICERS) ENTERPRISE BARGAINING AGREEMENT 1995 No. AG 50 of 1995.