1
CSBP & FARMERS LTD AGREEMENT 1991
No. AG1 of 1992
1.-TITLE
This Agreement shall be known as the CSBP & Farmers Ltd Agreement 1991.
2.-ARRANGEMENT
1.Title
2.Arrangement
3.Scope
4.Duration
5.Definitions
6.Contract of Employment
7.Hours
8.Overtime
9.Recalls to Work
10.Employment Classifications
11.Training
12.Wages
13.Allowances
14.Leave
15.Introduction of Change
16.Redundancy
17.Superannuation
18.Junior Employees
19.Apprentices
20.Grievance Procedure
21.General Conditions
22.Time and Wages Record
23.Transition
Appendix - Resolution of Disputes Requirements
3.-SCOPE
This Agreement establishes a single set of terms and conditions of employment for all employees of CSBP & Farmers Ltd and is binding on CSBP & Farmers Ltd and all employees who are members of the Respondent Unions.
4.-DURATION
The term of this Agreement shall be fixed for a period of one year commencing from 27 November 1991.
The parties will consult together at appropriate times to ensure the successful implementation of this Agreement. At the completion of this period all parties reserve the right to terminate the Agreement.
5.-DEFINITIONS
(1)Afternoon shift means a shift where the majority of the hours are worked between midday and midnight as part of a shift roster.
(2)Night shift means a shift where the majority of the hours are worked between midnight and midday as part of a shift roster.
(3)Day worker means an employee who works the majority of his/her hours between 6.00am and 6.00pm.
(4)Non-continuous shift worker means any employee who may be rostered on a roster covering up to 24 hours per day Monday to Friday.
(5)Continuous shift worker means an employee who is regularly rostered on a roster covering 24 hours per day and seven days of the week.
(6)Permanent afternoon shift worker means any employee who works the majority of his/her ordinary hours between midday and midnight on Monday to Friday as part of a shift roster.
(7)Permanent night shift worker means any employee who works the majority of his/her ordinary hours between midnight and midday on Monday to Friday as part of a shift roster.
(8)Designated shift employee is an employee at Kwinana who is required to work continuous shift work as a permanent member of the shift teams.
A designated shift employee maybe undesignated as a result of:
(a)Plant/Works permanent closures.
(b)Through the grievance procedure.
(c)Reduction in the number of shift crew members.
(d)By agreement.
(9)Employer means CSBP & Farmers Ltd.
(10)Respondent Unions means:
Australian Electrical, Electronics, Foundry & Engineering Union WA Branch
Construction, Mining and Energy Workers Union of Australia
Federated Miscellaneous Workers Union of Australia, WA Branch
Metals & Engineering Workers' Union of WA
(11)Regular full time means an employee who is engaged to assist with the ongoing requirements of the employer's business, and who is not a casual and/or seasonal employee.
(12)Regular part time means an employee who is engaged for less than the full working hours per year prescribed for regular full time employees.
(13)Seasonal means an employee who is engaged to assist with the seasonal requirements of the employer's business and whose employment shall terminate at the completion of that period. Seasonal employees shall be contracted for four or more weeks.
(14)Casual means an employee engaged by the hour.
(15)Fixed term means an employee engaged for a specified period and whose employment shall terminate at the completion of that period.
(16)Competency means that employees shall have the skills and knowledge of all procedures to safely complete work.
6.-CONTRACTOFEMPLOYMENT
(1)CONTRACT
(a)Employment shall be on a weekly basis. Accordingly employment is terminable by either party on the basis of one weeks notice, for regular full time employees, seasonal and fixed term employees or a lesser period if agreed between the employer and the employee. For casual employees it shall be one day or a lesser period if agreed between the employer and the employee. The payment or the forfeiture of the agreed notice period may be made in lieu of working the agreed period of notice.
(b)In the case of conduct which would justify the instant dismissal of an employee, wages (exclusive of other Agreement entitlements) shall be paid for the time worked up to the time of dismissal only.
(c)Employees shall perform such work as the employer shall reasonably require, including all work which they are competent to perform or work which they are required to perform for the purposes of training, subject to safety and legislative requirements. An employee not attending or not performing such work shall, except as provided in Clause 14, not receive credit for the actual time of such non attendance or non performance.
(d)In the case of refusal or neglect of duty, or other misconduct or sufficient cause, the Works Manager may suspend an employee with pay for any period to provide time to enable an investigation to occur as to the continued employment or otherwise of an employee, or without time accrual for a maximum period of three (3) ordinary working days for disciplinary purposes as an alternative to termination of employment, provided that suspension without time accrual shall not occur unless the Works Manager has evidence to warrant such action.
(e)In the event of work stoppages for union meetings or strikes which have not been arranged in accordance with Clause 21(7)(a) and (b) any employee will not be paid for the period of the stoppage. This period of time will be deducted from the normal rostered hours. The hours deducted will be those the employee was rostered to work for the day and did not work.
(2)The employer shall advise employees in writing at the time of engagement his/her pay level and whether they are:
(a)regular full time
(b)regular part time
(c)seasonal
(d)casual
(e)fixed term
(f)designated shift worker
7.-HOURS
(1)Hours of work will be determined mutually between the employer and the employee work groups taking due account of the needs of the employer's business activities. Provided that a maximum of 1976 hours per year for all employees except continuous shift workers where the maximum hours will be 2080 per year will be worked. Hours are inclusive of leave approved under Clause 14 and lieu days for designated shift workers where appropriate.
(2)Day work and non-continuous shift hours of work shall be planned in accordance with the following arrangements, subject to operational requirements:
(a)minimum of 8 rostered hours per work day.
(b)maximum of 12 rostered hours per work day.
(c)between hours of 0600 - 1800 Monday to Friday.
(d)the afternoon shift component of non-continuous shift work may be worked up to a maximum of 12 hours per day Monday to Friday.
(e)under normal circumstances no employee should work more than 16 hours in any 24 hour period.
(f)Employees shall be entitled to a meal break after each five consecutive hours work.
(g)Nothing in this subclause shall be construed to prevent a work group/s reaching an agreement to operate a different method of arranging work in a location provided that changes which alter the intent of this Clause are in writing and agreed with the appropriate respondent unions.
(3)Meal breaks shall be:
(a)30 minutes without pay for day workers for the first break and 20 minutes without loss of pay for subsequent breaks.
(b)20 minutes without loss of pay for shift workers.
(4)Day workers will be allowed a rest period of no more than eight minutes without loss of pay between commencement time and the meal break provided in Clause 7(3) and (4).
(5)Shift work may be worked and shifts will rotate in such a way that, employees on a given roster will work equal numbers of the same types of shifts and weekends.
(6)The employer may cease or change any shift system in operation from time to time by agreement with a majority in the relevant work groups or failing the reaching of an agreement by the giving of 14 consecutive days notice.
(7)The employer will provide not less than 72 hours notice where an employee is required to change rosters, unless the employee agrees to an earlier change.
Employees in each work group will receive three monthly rosters showing their hours of work under Clause 7(2). The roster may be altered as work requirements change each month but should be correct 30 days in advance. Changes to hours occurring in this 30 day period require 72 hours notice.
(8)Designated shift employees who are rostered off will be available to provide coverage for absent shift employees.
8.-OVERTIME
(1)OTHER THAN CONTINUOUS SHIFT WORKERS
(a)Overtime shall be paid for work done in excess of or outside the ordinary work hours prescribed in Clause 7(2) and provided 72 hours notice is not given to varying the rostered hours worked on any day as previously agreed under Clause 7(2).
(b)Any hours worked in excess of 1976 hours in the period of this Agreement will be paid at overtime rates.
(c)OVERTIME SHALL BE CALCULATED AS FOLLOWS
(i)Overtime commenced between 0001 Monday and 1200 Saturday will be paid at the rate of time and one half for the first two hours and double time thereafter for hours worked except on public holidays.
(ii)Overtime commenced between 1200 Saturday and 2359 Sundays will be paid at the rate of double time for hours worked.
(2)CONTINUOUS SHIFT WORKERS
(a)All hours worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at the rate of double time except where it is due to private arrangements between the employees themselves.
(b)Time worked in excess of 2080 hours within the period of this Agreement shall be paid at double time.
(c)Overtime worked on any Public Holiday prescribed in Clause 14(4)(a) will be paid at double and one half times the employee's classified level except for Labour Day, Good Friday and Christmas Day which will be paid at triple times the employee's classified level.
(3)GENERAL
(a)An employee shall exclusive of recalls to work, have ten consecutive hours rest between the completion of work on one day and the commencement of the next rostered day. In the case of recalls to work an employee shall have a total of at least ten hours rest between rostered days.
(b)If on the instructions of the employer an employee resumes work without having the necessary rest period as prescribed in Clause 8(3)(a) the employee shall be paid at overtime rates until released from work and completing the required rest periods.
(c)If an employee is unable to work the necessary rostered hours as prescribed under Clause 7(2) because of the requirement of a rest period, the hours rostered to work will be rescheduled.
9.-RECALLSTOWORK
Any employee who is recalled to work outside of rostered hours or on weekends or public holidays shall be paid a minimum of three hours at the appropriate overtime rate and reasonable time spent in travelling to and from work shall be included as time worked.
10.-EMPLOYMENTCLASSIFICATIONS
(1)Employment classifications refer to the career path structure developed by the parties to this Agreement to promote the acquisition of skills by employees and the performance of additional or peripheral type duties which will provide for progression through the structure.
(2)The structure is based on 10 levels with non trades entry at Level 10 and single trade entry at Level 7. Leadburner/Welder combined trade and Instrument/Electrical Fitter trade entry at Level 6. Instrument/Electrical Fitter dual trade entry at Level 5.
(3)The initial training modules of Works Induction, Safety Induction and Safe Manual Handling are compulsory training modules for all employees who commence after 1 November 1991. These modules will ensure that all new employees have a sound knowledge of the operations of the employer and are competent to perform general work.
(4)Employees will achieve progression through the career path structure by the accumulation of twelve (12) points from training modules subject to competency being demonstrated in those modules.
(5)The primary consideration in the selection of training modules will be enterprise requirements. Employees will be required to agree individual training programmes with their supervisor prior to the training being commenced. All training will be voluntary. Upon undertaking additional required tasks from a module, an individual's training programme will be revised to include the whole module.
(6)Employees who possess current qualifications in transportable skills (such as Rigging, Scaffolding, Watertube Boiler Certificate, Firetube Boiler Certificate, Turbine Drivers Certificate, various post trade modules etc) will be reclassified to the appropriate level in the career path structure following competency and currency testing in those modules and the successful completion of the compulsory training modules referred to in Clause 10(3).
(7)Employees shall be required to maintain currency in the skills they possess. Currency shall be maintained by regular performance of duties for which employees are competent, safe and legally qualified. Where regular performance of such duties is not possible due to work requirements an employee shall be given an agreed period of time to re-establish currency in those particular skills. The period of time to be agreed between the employee and his/her supervisor. Where currency cannot be re-established in a training module, points previously accumulated by an employee in that module shall be deducted.
(8)Where skill modules are no longer required by the employer, an employee will be required to enter into a training programme to replace the skill module. An employee who is required to enter into a training programme under this Clause must demonstrate to his/her supervisor satisfactory progress at the completion of a 12 month period. If satisfactory progress is not made the Works Manager may place the employee at a level more commensurate with the skills possessed. The employee shall be given the opportunity to fast track training.
(9)Any disagreement over training programmes, competency, currency or progression will be referred to the Works Training Committee which will comprise two nominated Company representatives and two elected employee representatives being one from the trades and one from the non trades groups. The committee will meet as required but at least once per month. The Works Manager will be the final arbiter in any training dispute.
11.-TRAINING
(1)The employer will develop the formal training modules which are required for progression in the career path structure. The employer will endeavour to have training modules accredited by the appropriate authority and to have internal trainers accredited to facilitate the issue of transportable qualifications.
(2)The employer shall pay all agreed costs associated with a training programme.
(3)Where agreed training is only available externally then time spent undertaking such training shall count as time worked under Clause 7. - Hours.
(4)The following are agreed training modules and the points to be credited to employees upon successful completion of each module.
POINTS VALUE
(a)COMPULSORY MODULES
.Works Induction (i)2
.Employee Safety Programme (i)2
.Safe Manual Handling (i)2
(i)These modules are to be completed within the first three months of probationary employment.
(b)CORE WORK MODULES
.Despatch 1 (1/2 of tasks in Despatch Area)6
.Despatch 2 (1/2 of tasks in Despatch Area)6
.Despatch 3 (Chemicals Despatch)6
.Operations Controller6
.Superphosphate Manufacture Plant9
.Sulphuric Acid Plant9
.Granulating Plant9
.Prilling Plant9
.Chlor-Alkali Plant9
.Sodium Cyanide Plant9
.Pressure Welding4
.Pneumatics 14
.Pneumatics 24
.Pneumatics 34
.Pneumatics 44
.Hydraulics 14
.Hydraulics 24
.Hydraulics 34
.Hydraulics 44
.Industrial Electroncis - Fault Finding &
PLC1 & PLC211
.Distributed Control Systems 1A4
.Distributed Control Systems 1B4
.Warehouse Operations & Weighbridge & Services6
.Rigging Certificate and Scaffolding Certificate
& (3C1 --> 3D3) Crane Licence (ii)12
(ii)4 points will be allocated at the completion of each part of the training module. Employees must make commitment to complete the whole core module.
(c)SUPPLEMENTARY SKILLS
.Basic Superphosphate Plant (iii)3
.Basic Sulphuric Acid Plant (iii)3
.Basic Granulating Plant (iii)3
.Basic Prilling Plant (iii)3
.Basic Chlor-Alkali Plant (iii)3
.Basic Sodium Cyanide Plant (iii)3
.Fire Tube (iv)2
.Water Tube (iv)2
.Turbine4
.Basic Rigging/Scaffolding (iii)2
.Rigging Certificate (iii)4
.Scaffolding Certificate (iii)4
.Basic Vehicle Maintenance4
.Laboratory Procedure3
.Basic Fibreglassing2
.Building Maintenance3
.Basic Fitting 12
.Basic Fitting 2 4
.Basic Welding 12
.Basic Welding 22
.Instrumentation for Process Control4
.PLC1 (iii)4
.PLC2 (iii) 4
.Digital Techniques4
.Engineering Materials2
.Basic Rubber Technology1
.Industrial Plant Maintenance4
.Supervision4
.Train the Trainer 11
.Train the Trainer 22
.Engineering Drawing Interpretation2
.Fluid Power2
.Computer Skills 1 (PC)2
.Computer Skills (System)2
.Weighbridge/Gateman (iii)1
.Mobile Crane (3C1--> 3C3)2
.Mobile Crane (3D1--> 3D3)4
.Overhead Crane4
.Atlas Crane2
.Shot Firer2
.Forklift (iii)1
.Front - End Loader (iii)1
.Bobcat (iii)1
.Services2
(iii)Points awarded for these supplementary modules are concurrent and not cumulative with points awarded for core work modules.
(iv)Upon completion of both tickets two additional points will be awarded.
12.-WAGES
(1)The wage rates set out below are applicable for regular full time, seasonal and fixed term employees and will be paid weekly.
LEVEL 1130%811.50BY APPOINTMENT
LEVEL 2125%780.30
LEVEL 3120%749.10
LEVEL 4115%717.90
LEVEL 5110%686.70
LEVEL 6105%655.40
LEVEL 7100%624.20
LEVEL 8 95%593.00
LEVEL 9 90%561.80
LEVEL 10 85%530.60
(2)The rates include all special payments, laundry allowance, disability allowances, Plumbers licence payments and allowances, and service payments associated with previous agreements and with the performance of any work for which the employee is competent.
(3)The weekly earnings for regular part time employees will be calculated by the following formula:
Appropriate RateNumber of Hours
______xWorked each Week
38 Hours
(4)Casual employees will receive the appropriate rate of pay prescribed by Clause 12(3) plus twenty percent.
(5)Upon terminating part way through a year the calculation shown below will be made to determine whether an employee has received the correct proportion of the weekly wage compared to the proportion of hours worked of the total amount.
Total Hours x Appropriate Rate