WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders' Labourers, Painters and Plasterers Union of Workers and Quake Holdings Pty Ltd. No. AG 152 of 1995. Quake Holdings Industrial Agreement. COMMISSIONER P. E. SCOTT. 10 October 1995. Order. HAVING heard Mr G Giffard on behalf of the Applicant and there being no appearance on behalf of the Respondent, 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 on and from the 8th day of September 1995. (Sgd.) P. E. SCOTT, [L.S] Commissioner. Schedule. This Agreement will be known as the Quake Holdings In- dustrial 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 Awards 9. Enterprise Agreement 10. Wage Increase 11. Industry Standards 12. Clothing and Footwear 13. Training Allowance, Training Leave, Recognition of Prior Learning 14. Seniority 15. Sick Leave 16. Ratification Appendix A 3.—AREA AND PARTIES BOUND This is an Agreement between The Western Australian Build- ers' Labourers, Painters and Plasterers Union of Workers (here- inafter referred to as the "Union") and Quake Holdings Pty Ltd (hereinafter referred to as the "Company") in the State of Western Australia. 4.—APPLICATION This Agreement shall be binding upon the Company, the Union, its officers and members, and any person eligible to be a member of the Union employed by the Company on work covered by the terms of the Building Trades (Construction) Award 1987, No. 14 of 1978 (the "Award"). 5.—DURATION This Agreement shall commence from the first pay period on or after the date of ratification as indicated in Clause 16.— Ratification and shall continue in effect until 31 July 1997. Provided that nothing in this clause shall prevent the imple- mentation of a comprehensive enterprise agreement as detailed in Clause 9.—Enterprise Agreement herein. 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 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 defined in Clause 41A(2) of the WA Industrial Relations Act, 1979 as amended (the "Act"). 8.—RELATIONSHIP WITH AWARDS 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 Agree- ment and the Award the higher rate shall apply. 9.—ENTERPRISE AGREEMENT It is agreed that in the event of the Union and the Company agreeing on the terms of a comprehensive enterprise agree- ment, this Agreement may be terminated in accordance with the requirements of the Act. 10.—WAGE INCREASE This Agreement provides for increases in the hourly rate resulting in the wage rates in Appendix A of this Agreement. 11.—INDUSTRY STANDARDS It is a term of this Agreement that the Company will con- tinue to meet its current level of payment into the Western Australian Construction Industry Redundancy Fund and will immediately increase its level of payment into the Construc- tion + Building Unions Superannuation Scheme to $50 per week per employee. 12.—CLOTHING AND FOOTWEAR (1) The following items will be supplied to each employee by the Company, upon the completion of five working days. (a) 1 pair safety boots, and will be replaced on a fair wear and tear basis. (b) 2 T-shirts with collars, and will be replaced on a fair wear and tear basis. (c) 1 bluey jacket for each employee employed during the period 1 April to 31 October. (One issued per year). (2) The Company will also make available to each employee, when requested by them, sun screen lotion and sun brims to fit over safety helmets. 13.—TRAINING ALLOWANCE, TRAINING LEAVE, RECOGNITION OF PRIOR LEARNING (1) A training allowance of $0.20 per hour per employee shall be paid by the employer to the Union Education and Training Fund. (2) Subject to all qualifications in this clause, an employee shall, upon application in writing to and with approval of the employer, be granted leave with pay each calendar year pro- rata to attend courses conducted or approved by the NBCITC. The employer's approval shall not be unreasonably withheld. The application for leave shall be given to the employer at least two weeks in advance of the date of commencement of the course. The time of taking leave shall be arranged so as to minimise any adverse effect on the employer's operations. The onus shall rest with the employer to demonstrate an ability to grant leave where an employee is otherwise entitled. An employer shall not be liable for any additional expenses associated with an employee's attendance at a course other than: course fees course books and materials payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time earnings shall be defined as the agreement classification rate. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 75 W.A.I.G. Leave of absence granted pursuant to this clause shall count as service for all purposes of this agreement. (3) The employer will actively encourage employees to seek formal recognition of their skills (recognition of prior learn- ing), and will allow leave as per (2) above for such purposes including but not limited to securing Tradesmen's Rights Cer- tificates. 14.—SENIORITY (1) The parties agree the continuity of employment is desir- able wherever possible, and that where it is not possible, em- ployees will be retrenched in order of seniority. (2) When applying the "first on last off" principle it is agreed subject to the caveat of "all things being equal", it is intended to apply on a state basis rather than a site by site basis. (3) It is recognised that from time to time instances may arise where the employee's individual skills may be subject to this caveat. Where there is any disagreement as to the applica- tion of this the matter will be processed in accordance with Clause 6.—Dispute Settlement Procedure of this Agreement. (4) An employee who has been retrenched by the Company shall have absolute preference and priority for re-employment/ re-engagement by the Company. Where an employee is re- engaged within a period of six months the employee shall maintain continuity of service and all accrued entitlements with the Company. 15.—SICK LEAVE For sick leave accrued after the date of ratification of this Agreement the following will apply: (1) The Company's employees shall have the option of converting 100% of accrued sick leave entitlement to a cash payment on termination. (2) If an employee who has been terminated by the Com- pany without exercising the above option is re-en- gaged within a period of six months, the unpaid balance of sick leave shall continue from the date of re-engagement. 16.—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 the 8th day of September 1995. ON BEHALF OF THE UNION G. McROBBIE ON BEHALF OF THE COMPANY Dated this day of 1995. a TTr»r ,'A.T'n\' Date of JbrlN jJ. 1 February IX A 1 August 1 February Ratification 1996 1996 1997 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Labourer Group 1 $13.75 $14.21 $14.66 $15.11 Labourer Group 2 $13.27 $13.71 $14.15 $14.59 Labourer Group 3 $12.92 $13.35 $13.77 $14.20 Plasterer, Fixer $14.29 $14.76 $15.23 $15.70 Painter, Glazier $13.97 $14.43 $14.89 $15.35 Sign writer $14.26 $14.73 $15.20 $15.68 R&C ROSSI INDUSTRIAL AGREEMENT No. AG 186 of 1995.