WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders' Labourers, Painters and Plasterers Union of Workers. and Moltoni Corporation Trading As Mainline Demolition. (No. AG 82 of 1995) Mainline Demolition Industrial Agreement. COMMISSIONER P.E. SCOTT. 21 July 1995. Order. HAVING heard Mr G Giffard 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 consent, 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 30th day of June 1995. (Sgd.) P. E. SCOTT, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement will be known as the Mainline Demolition Industrial Agreement. 2.—ARRANGEMENT 1. Title 2. Arrangement 3. Area and Parties Bound 4. Application 5. Aims and Objectives of this Agreement 6. Term and Renewal of Agreement 7. Wages and Allowances 8. Clothing 9. Hours of Work 10. Dispute Settlement Procedure 11. Safety Dispute Resolution 12. First On Last Off 13. Overtime 14. Company Based Incentive Scheme 15. Industry Standards 16. Signatories to the Agreement 3.—AREA AND PARTIES BOUND This is an Agreement between The Western Australian Builders' Labourers, Painters and Plasterers Union of Workers (hereinafter referred to as the "Union") and Moltoni Corporation trading as Mainline Demolition (hereinafter referred to as the "Company") in the State of Western Australia. 4.—APPLICATION (1) This Agreement shall be binding on the Company, the Union and its officers and employees eligible to be members of the Union employed by the Company, on demolition work covered by the terms of the Building Trades (Construction) Award 1987, No. R 14 of 1978 (hereinafter referred to as the "relevant Award"). (2) The provisions of this Agreement are in addition to entitlements specified in the relevant Award and where there is an inconsistency the Agreement shall prevail. 5.—AIMS AND OBJECTIVES OF THE AGREEMENT The objectives of this Agreement are to: (1) Increase the efficiency of the Company by the effec- tive use of the skills and commitment of the employ- ees of the Company. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2370 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 75 W.A.I.G. (2) Improve the living standards, job satisfaction and continuity of employment of the Company's employ- ees. Develop best practice standards that are based upon a culture of opportunity, continuous learning and improvement through training. Ensure that increases in efficiency on the job are implemented in such a way as to ensure that health and safety standards in the industry are maintained. Provide a mechanism by which disputes can be re- solved quickly and in a manner which shall avoid lost time. 6.—TERM AND RENEWAL OF AGREEMENT (1) This Agreement shall come into operation from the date of signing and shall remain in force for a period of two years. (2) The parties agree to commence discussions on the terms and conditions of any future Agreement three calendar months prior to the expiration of this Agreement. 7.—'WAGES AND ALLOWANCES (1) Wage increases in this Agreement will be granted in accordance with an agreed skills enhancement programme. Any agreed programmes will provide training in NBCITC accredited general common and task specific skills. (2) The parties shall monitor the introduction of any skills enhancement programme. (3) Employees will be classified into the following categories, although employees will not be precluded from moving into a higher category, where they have been employed for the specified periods, for the lack of appropriate training. (a) Entry Level Demolition Worker This category will apply to a new employee with little or no demolition experience who will undergo assessment, for a period not exceeding 10 weeks, of suitability for continued employment, after which time employees will be offered training in a basic demolition course agreed to by the Company and the Union. Employees in this category will be expected to dem- onstrate a safety conscious work attitude, an apti- tude for demolition work, good housekeeping practices and productive and diligent work ethics. In addition to other allowances prescribed by the Award and this Agreement, employees in this cat- egory will be paid as a Builders' Labourer Group III. The Company shall not employ more than 25% En- try Level employees in any demolition team. (b) Basic Demolition Worker This category will apply to an employee who has completed the requirements of an Entry Level Demo- lition Worker and who is gaining knowledge and experience on site in general demolition skills, in- cluding sound knowledge of the Occupational Health, Safety and Welfare Act 1984, as amended. In addition to the requirements of the Entry Level Demolition Worker employees will be expected to demonstrate safety conscious work practices and an understanding of demolition work. An employee in this category will after 13 weeks classified as a Skilled Demolition Worker, be offered further training in a demolition course agreed to by the Company and the Union. In addition to the other allowances prescribed by the Award and this Agreement, employees in this cat- egory will be paid as a Builders' Labourer Group 11. equipment and methods utilised, of Entry Level and Basic Demolition Workers. In addition to other allowances prescribed by the Award and this Agreement, employees in this cat- egory will be paid as a Builders' Labourer Group I. (4) Unless otherwise agreed in writing between the Company and the Union, employees will be paid an allowance of $4.00 per hour worked to compensate for the additional disabilities associated with demolition work. (5) This rate is in lieu of Clause 9.—Special Rates and Provisions of the Award and allowances contained in particular site agreements. 8.—CLOTHING The following items will be supplied to all employees and will be replaced on a fair wear and tear basis: (1) One (1) pair of safety boots; (2) Two (2) t-shirts with collars; (3) One (1) bluey jacket. 9.—HOURS OF WORK Unless otherwise agreed in writing between the Company and the Union, and in addition to the provisions of Clause 13.—Hours of the Award, a further productivity incentive of one paid day off every four week period will be given to each employee. For all other purposes of the Award and this Agreement, the productivity day off shall be treated as if it had been worked. 10.—DISPUTE SETTLEMENT PROCEDURE The dispute settlement procedure that shall apply to this Agreement shall be the same as that outlined in Clause 46.— Settlement of Disputes of the Award. 11 .—SAFETY DISPUTE RESOLUTION (1) It is agreed the Company and their employees have a responsibility to ensure that work places are safe and that employees are not exposed to hazards. (2) In the event of any disagreements on the necessity to carry out any safety measure or modify, reinforce or reinstate any safety device whatsoever, the procedures set out in this clause will be adopted. (3) No person shall dismiss a safety complaint. Any complaint should be referred to the Company's safety officer or employee's safety representative to be dealt with in accordance with the following procedures: (a) Where any employee becomes aware of an unsafe situation, that employee will immediately notify the Company's safety officer or the employee's safety representative. (b) The Company's safety officer and the employee's safety representative will take immediate action to have the unsafe situation rectified. (c) Should the Company's safety officer consider that no safety precautions are necessary, he/she will no- tify the employee's safety representative accordingly as soon as possible. (d) While there is disagreement on the ruling of the Company's safety officer, the Company's safety of- ficer will arrange for the immediate transfer of all employees from the disputed area. (e) Should the Company's safety officer be of the opin- ion that no action is necessary and the employee's safety representative disagrees, an appropriate in- spector from the Department of Occupational Health, Safety and Welfare (DOHSWA) will bp requested to undertake an inspection of the disputed area for the purpose of resolving any such matter. If disagreement still exists the Chief Inspector, Con- struction Branch of DOHSWA or his/her nominee will be called in to assist in the resolution of the dispute. If no agreement can be reached between the parties the matter may be referred to the