WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders' Labourers, Painters and Plasterers Union of Workers and WA Ceiling Industries No. AG 72 of 1995. WA Ceiling Industries Subiaco Grandstand Construction Project Agreement 1994 COMMISSIONER P.E. SCOTI'. 14 June 1995. Order. HAVING heard Ms J Harrison 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 first pay period commencing on or after the 9th day of May 1995. (Sgd.) P.E. SCOTI', [L.S.] Commissioner. Schedule. I.-TITLE This Agreement shall be known as the WA Ceiling Indus- tries Subiaco Grandstand Construction Project Agreement 1994. 2.-ARRANGEMENT 1. Title 2. Arrangement 3. Introduction 4. Application and Scope of the Agreement 5. Period of Operation 6. Commitment 7. Union Representation 8. Termination of Agreement 9. Consultative Committee 10. Dispute Avoidance and Settlement Procedure 11. Application of Agreement 12. Procedure for Settling Disagreements over Safety Is- sues 13. Industry Standards 14. Rostered Days Off 15. Allowances 16. Skills Enhancement Programme 17. Consultation on Training Development 18. Introduction of Skills Based Pay Classification Struc- ture 19. Sick Leave Entitlement 20. No Further Claims 21. Hours of Work 22. Special Conditions 23. Team Ratios 24. Demarcation Procedure 25. Disciplinary Procedure 26. Signatories 3.-INTRODUCTlON (1) Joint Statement This agreement between WA Ceiling Industries (the Com- pany) and its employees and The Western Australian Build- ers' Labourers, Painters & Plasterers Union of Workers (the Union), defines the relationship between the Company's em- ployees eligible to be union members and all levels of man- agement. It recognises the value of all of the above parties working co-operatively towards maintaining and improving the com- petitiveness of the Company. This agreement is, as well as an agreement for this project, a framework for the future, because of the opportunities now available through award restructuring and the building indus- try reform process to achieve a more efficient, stable and re- warding industry. (2) Aims The aims of this agreement are: (a) To identify the advantages available through work- ing co-operatively. (b) To recognise that at various times the interests of the respective parties may not coincide but that with the development of goodwill and trust conflict can be minimised. (c) To establish the necessary framework to deal with the major site issues that confront the building and construction industry. (3) Objectives The objectives of this agreement with respect to all parties are: (a) To eliminate as far as practicable, barriers to effi- ciency and productivity. (b) To create a better working environment for all em- ployees. (c) To create an awareness of the need for continuous improvement in all aspects of the building process. (d) To contribute to the implementation of reforms in the building construction industry. 4.-APPLICATION AND SCOPE OF THE AGREEMENT (1) This agreement shall apply to the Company and all its employees eligible to be members of the Union engaged on site at the Subiaco Grandstand Construction Project located on Roberts Road, Subiaco in the State of Western Australia. (2) (a) This agreement shall be read wholly in conjunction with the awards. Where this agreement is silent on rates of pay and other matters pertaining to the employment relation- ship, the Building Trades (Construction) Award 1987, No. R 14 of 1978 (the Award) shall apply. (b) Where there is a conflict between rates of pay, condi- tions, allowances and other matters in this agreement and the provisions in the Award, the higher standard shall apply. 5.-PERIOD OF OPERATION This agreement shall operate from the commencement of work on the Subiaco Grandstand Construction Project until completion of construction work on this project. This agree- ment can only be terminated by any of the parties to the agree- ment in the manner described in Clause 8.-Termination of Agreement of this Agreement. 6.-COMMITMENT The parties to this agreement are committed to ensuring that: (1) The terms and conditions of this agreement lead to real gains in overall job productivity and workplace efficiencies, without reduction to health and safety standards. (2) (a) The dispute avoidance and settlement procedures provided for in Clause 10.-Dispute Avoidance and Settlement Procedure are rigorously adhered to. (b) Payment for time lost due to industrial disputes will not be claimed (or paid) other than as de- scribed in Clause 1O.-Dispute Avoidance and Settlement Procedure. 7.-UNION REPRESENTATION (1) This agreement recognises that the union party to this agreement and its accredited representatives are legitimate representatives of the union members covered by this agree- ment. 75 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2147 (2) The rights of accredited union officials to access the Subiaco Grandstand Construction Project to allow those offi- cials to represent the interests of the union's members on site is recognised by the company. (3) The Company will allow shop stewards/delegates ad- equate time during normal working hours to attend to union duties providing that when not carrying out union duties, shop stewards/delegates will carry out those work duties appropri- ate to their construction worker designation. 8.-TERMINATION OF AGREEMENT (1) This agreement can only be terminated by the union: (a) If the Company has knowingly and consistently acted contrary to terms and conditions of the agreement; and (b) After proper consultation has occurred with the Com- pany's employees; and (c) If one month's written notice has been given to the Company; and (d) After application for termination has been made to the Western Australian Industrial Relations Commis- sion pursuant to s43 of the Western Australian In- dustrial Relations Act 1979. (2) This agreement can only be terminated by the company: (a) If the union or any group of employees has know- ingly and consistently acted contrary to terms and conditions of the agreement; and (b) If the company has exhausted the dispute avoidance and settlement procedure contained in Clause 10.- Dispute Avoidance and Settlement Procedure; and (c) If one month's written notice has been given to the union and application has been made to the Western Australian Relations Commission pursuant to s43 of the Western Australian Industrial Relations Act 1979. 9.-CONSULTATIVE COMMITTEE (1) The parties agree to the establishment and maintenance of a Consultative Committee on site. This committee shall deal with and monitor all site related proposals for workplace reform processes and initiatives, and enterprise bargaining issues. (2) The parties acknowledge the central role of the Con- sultative Committee in developing and maintaining the con- ditions and industrial climate necessary for the successful application of this agreement. (3) The Consultative Committee shall be provided with all the relevant information necessary for them to monitor the implementation of this agreement. (4) It is accepted that the State Secretary of the union and the Managing Director of the builder of the Subiaco Grand- stand Construction Project or their nominees may attend the Consultative Committee. (5) The Consultative Committee will comprise representa- tives from manag!'!ment and workforce in equal numbers. (6) The project Consultative Committee shall consist of six persons representing the following groups: (a) One representative of the Project Builder. (b) One representative of Structural Contractors. (c) One representative of Service Contractors. (d) One representative of Construction Labourers. (e) One representative of Construction Tradespeople. (f) One representative of Service Sector Workers. (7) The representatives of the workforce on the Consulta- tive Committee shall be elected from the workforce on site. The representatives of the contractors shall similarly be elected from representatives engaged on site. (8) The parties to this agreement agree to support the opera- tion of the project Consultative Committee, notwithstanding any party to this agreement may not provide a representative to sit on the committee. lO.-DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURE ' (1) In the first instance, an employee shall submit a request concerning an industrial issue to either their own site union representative or the immediate supervisor/foreman. If the matter cannot be resolved at this stage, then the following procedure shall be applied: (a) The employee and union delegate/shop steward shall submit the issue to the immediate supervisor/fore- man. (b) If not settled at this stage, the employee and union delegate/shop steward shall submit the issue to the site manager of the Company. (c) If not settled at this stage, the union delegate/shop steward may submit the matter to the union organ- iser for discussion with the project manager or in- dustrial relations officer in consultation with the company's site manager. (d) If not settled at this stage, the union organiser may submit the matter to the union secretary for discus- sion with the project builder at the state senior man- ager level. The matter shall then be discussed further with the senior management representative of any other relevant contractor. (e) If the dispute still exists after the aforementioned processes have been carried out, then the matter shall be referred to the Western Australian Industrial Re- lations Commission for determination. The deci- sion of the