Benchmark WA Industrial Relations Case Database

No. AG 8 of 1992. COMMISSIONER R.N. GEORGE. 24 June 1992. Order. HAVING heard Mr K. Street on behalf of the v Mr A. Peterson on behalf of the

(1992) 72 WAIG Single Commissioner (WAIRC) 1992-06-24 File: No. 13 of 1965
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APPLICANT: No. AG 8 of 1992. COMMISSIONER R.N. GEORGE. 24 June 1992. Order. HAVING heard Mr K. Street on behalf of the
RESPONDENT: Mr A. Peterson on behalf of the
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Concept tags · 5

[P]Enterprise agreement approval [P]Enterprise agreement variation [S]Good faith bargaining [S]Wages — payment obligations [S]Federal/state inconsistency (s109)
Archived text (1220 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Metals and Engineering Workers' Union, Western Australian Branch and Van Leer Australia Pty Ltd (W.A.). No. AG 8 of 1992. COMMISSIONER R.N. GEORGE. 24 June 1992. Order. HAVING heard Mr K. Street on behalf of the Applicant and Mr A. Peterson on behalf of the Respondent, and by consent, the Commission, being satisfied that the matter is consistent with the Principles enunciated by the State Wage Case decision —January 1992 and pursuant to the powers con- ferred on it under the Industrial Relations Act 1979 hereby issues the following Enterprise Agreement— (Sgd.) R.N. GEORGE, [L.S.] Commissioner. 72 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1543 1.-Title. This agreement shall be known as the Van Leer Australia Ptv Ltd (W.A.) (Enterprise Bargaining) Consent Agreement No. AG 8 of 1992. 2. —Arrangement. 1. Title 2. Arrangement 3. Area and Scope 4. Incidence and Parties Bound 5. Date and Period of Operation 6. Relationship to Parent Award 7. Single Bargaining Unit 8. Hours of Work 9. Training 10. Productivity and Performance Improvement Pro- grammes 11. Wages 12. Commitments Appendix A —Continuous Improvement Activi- ties Appendix B —Benchmark Definitions Appendix C —Performance Improvement Pro- gramme Signatories 3. —Area and Scope. The area and scope of this agreement is the same as that prescribed in the Metal Trades (General) Award 1966 (No. 13 of 1965) as it applies to Van Leer Australia Pty Ltd (W.A.) as at the day immediately preceding the date of this agreement. 4. —Incidence and Parties Bound. This agreement shall apply to and be binding upon Van Leer Australia Pty Ltd (W.A.), all persons employed in the classifications set out in Clause 11. —Wages hereof at its Rawlinson Street, O'Connor operations and The Metals and Engineering Workers' Union, Western Australian Branch. 5. —Date and Period of Operation. This agreement shall operate from 15 June 1992, shall remain in operation until 30 June 1993 and will not continue in force after this date unless reviewed. Both parties make a commitment to re-negotiate this agreement and apply for its cancellation or replacement before its expiry date. 6. —Relationship to Parent Award. (1) This agreement shall be read and interpreted wholly in conjunction with the Metal Trades (General) Award 1966 (No. 13 of 1965). (2) Where there is any inconsistency between this agreement and the Metal Trades (General) Award 1966 (No. 13 of 1965), this agreement shall prevail to the extent of the inconsistency. 7. —Single Bargaining Unit. (1) For the purposes of this enterprise agreement and in accordance with die decision in the Western Australian State Wage Case on 1 January 1992, a single bargaining unit has been established by way of a consultative works committee. The committee consists of the following members: factory manager; elected shop floor representative of the Metal and Engineering Workers' Union, Western Australian Branch; elected representative of administration; elected representative of maintenance; and two elected representatives of the shop floor. (2) The single bargaining unit shall be given all relevant information to enable effective monitoring of the implemen- tation of the continuing improvement programme. 8. — Hours of Work. (1) A Change of Hours of Work Agreement has been reached to adopt the following changes to working hours. (a) It has been agreed to work 152 hours within a work cycle not exceeding 28 consecutive days (20 working days) with the 28th day (20th) nominated as the rostered day off (RDO). (b) This will be done in the following manner: (i) ordinary hours of work will be 7:00am to 3:30pm, Monday to Friday, and be an average of 38 hours per week; (ii) 24 minutes per day will be banked to allow for a paid RDO; (iii) where overtime is required it will be paid in the pay period it is worked; and (iv) flexibility will exist for maintenance, des- patch and production departments to stagger the RDO to enable the company to service customer requirements and service equip- ment. (2) Banking of Rostered Days Off Agreement has been reached, due to the seasonality of the market, to allow for the banking of RDO's as required. This will be done as follows. (a) Where management identify and deem it neces- sary. (b) All employees will receive a minimum of ten working days' notice prior to any change. (c) No more than five RDO's may be accrued in any 12 month period. (d) The accrued days will be taken when, and after consultation, it is decided that it will not affect productivity. (3) Staggering of Meal Breaks Meal breaks will be staggered for all departments to give greater flexibility and efficiency. This will be implemented as follows. (a) Production —assembly and pressing, quality con- trol and stores will adopt existing break-times, ie. noon to 12:30pm. (b) Maintenance will break from 12:30pm to 1:00pm allowing this department to carry out necessary line maintenance while the line is stopped. (c) Despatch will split into two shifts for the purpose of the breaks, keeping staff available to receive and despatch goods over the whole of the working day. (4) Flexibility With Breaks Agreement has been reached for the allowance of flexibility with meal breaks in the production area. The agreement is as follows. (a) For the continuous operation of component manu- facture in the press department when it is decided additional capacity is needed to meet the require- ments of the assembly line. (b) For the completion of production runs when it is evident that a change or adjustment is required and the current run will be completed about the time of the break or will take no longer than the break to complete, it is agreed that this run be completed before the break and the change/adjustment be carried out during the break. 9. —Training. (1) Management and employees have established an ongoing formal programme of internal and external training in accordance with (a) Van Leer Quality Assurance Procedure (Section 108 Training); (b) Clause 37. —Training of the Metal Trades (Gen- eral) Award 1966 (No. 13 of 1965); and (c) the Occupational Health, Safety and Welfare Act 1984-1987. (2) Existing trainers will be trained up to accreditation level to formalise on the job training and TQM (Quartet). (3) All personnel will participate in (a) occupational health and safety courses; (b) quality management courses; 1544 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 72 W.A.I.G. (c) process control training; and (d) external accredited training to provide for the long term skills development. 10. —Productivity and Performance Improvement Programmes. The parties have adopted an approach to productivity and performance improvement which considers a broad agenda and employs a performance improvement programme to measure actual gains in productivity. Productivity improvement programmes through continu- ous improvement activities and benchmark definitions relevant to that process are set out in Appendices A — Continuous Improvement Activities and B —Benchmark Definitions of this agreement. Productivity gains are measured by means of the payroll costs expressed as a percentage of the sales revenue for a given period of time. Details of the performance improvement programme are attached as Appendix C —Performance Improvement Pro- gramme of this agreement. 11. —Wages. (1) In addition to the rates and allowances prescribed in the said award and existing overaward payments, the following increases of 4.5% reflected in Column 2 of the table below requiring approval and certification of the