shire of gnowangerup (operational works crew) enterprise agreement 2011
Agreement No. AG 26 of 2010
Shire of Gnowangerup (Operational Works Crew) Enterprise Agreement 2011
Narration
CODE OF NEGOTIATING CONDUCT
At all times the members of the Consultative Committee will:
Treat each other with dignity
Respect the opinions and beliefs of those that subscribe to a different viewpoint
Listen to what all members have to say
Represent all views and not personal views
Take into account the commercial realities that exist
Not use scare tactics to influence a situation
Work as a team with a measurable service to offer to the stakeholders
Be honest in their dealings with each other
Communicate all information in a timely manner
Understand the sensitivity of the information that is given freely to negotiators
Be prepared to renegotiate should the situation arise
Bargain in good faith
OBJECTIVES
This Agreement further acknowledges the existing partnership between the Shire and its operational crew by developing programs that encourage the employee’s to be multi-skilled through appropriate workplace efficiencies and employee opportunity clauses
To continue to build a workplace that encourages respect, trust and honesty that does not place employees into constant fear of doing or saying the wrong thing.
To continue to encourage employees to develop and maintain new skills and take on more challenging tasks.
To continue to implement improved practices as agreed, and to recognise improvement in various work areas as well as continuing the foundations for an effective and viable day labour work force.
To continue to recognise the expectations of the stakeholders of the Shire of Gnowangerup and their right to best practice service delivery at competitive costs.
1. TITLE
This Agreement shall be known as the Shire of Gnowangerup (Operational Works Crew) Enterprise Agreement 2011.
2. ARRANGEMENT
1. Title
2. Arrangement
3. Incidence and Parties Bound
4. Registration Mechanism
5. Consultative Committee
6. Date of Operation
7. Behaviour of Crew Members
8. Full Time Part Time and Casual Employees
9. Enterprise Bargaining Payment Model
10. Dispute Settlement
11. Payment of Driver’s Licence
12. Logical Task Completion
13. Protective Clothing
14. Staff After Hours Call Out
15. Flexibility in Working Hours
16. Purchase of Equipment
17. Workplace Efficiencies and Employee Opportunities
18. Redundancy
19. Employee Assistance with Private Use of Shire Equipment
20. Annual Leave
21. Flexibility of Hours
22. Principles Underpinning Market Place Testing
23. Membership of the Market Place Testing Committee
24. Gain Sharing Private Works Contract
25. Operational Work Crew Matter
26. Development And Implementation Of A Safe Working Environment Through Responsible Drug and Alcohol Consumption
27. Code of Conduct
28. Payout of Annual Leave
29. Sick Leave Benefit
30. Bereavement Leave
31. Public Holidays
32. Family Support Leave
33. Private Works on behalf of the Shire
34. Superannuation and Salary Sacrifice
35. Extension of Award Provision for Sick Leave
36. Probationary Period
37. Variation of the Agreement
38. Signatories
3. INCIDENCE AND PARTIES BOUND
3.1 This agreement shall apply throughout the whole of the state of Western Australia and shall be binding upon the Shire of Gnowangerup, the Western Australian Municipal Road Boards, Parks and Racecourse Employees’ Union of Workers, Perth including its officers and employees and those employees of the Shire who are eligible to be members of the Union.
3.2 This agreement shall be read and interpreted wholly in conjunction with the Municipal Employees (Western Australia) Award 1999 (“the Award”) and where there is any inconsistency between this agreement and the Award, the terms of this agreement shall prevail to the extent of the inconsistency..
3.3 During the life of this Agreement, should the Award be substantially changed or replaced, a discussion will take place with the Consultative Committee to consider any changes to existing terms and conditions of employment with the opportunity to vary this Agreement.
3.4 This agreement shall apply to approximately 18 employees.
4. REGISTRATION MECHANISM
4.1 This Agreement shall be registered under Section 41 of the Western Australian Industrial Relations Act 1979.
5. CONSULTATIVE COMMITTEE
5.1 A Consultative Committee shall be established consisting of the Chief Executive Officer, the Works Manager and a minimum of three employee’s representatives and a maximum of five, duly elected by the Operational Works Crew employees.
5.2 The employee representatives shall be elected by secret ballot for a period of two years or the balance of the time this Agreement is in effect. It is envisaged that this Committee will meet monthly.
5.3 Where a vacancy occurs for an employee representative, an election by secret ballot shall be called and conducted, subject to this Agreement, to fill the vacancy for the remainder of this Agreement. This committee may second additional expertise to deal with specific issues.
5.4 The minutes of each consultative committee meeting will be circulated to the Councillors as soon as practicable after each meeting.
5.5 For the purpose of good communication the consultative committee will meet with Council informally once a year to discuss any industrial issues or events that may be causing concern. This meeting in no way interferes with the CEO’s delegations under the local government act.
6. DATE OF OPERATION
6.1 This Agreement shall operate on and from the beginning of the first pay period to commence on or after the closure of the existing agreement on the 4th April 2011.
6.2 This Agreement shall cease to be effective as of the 3rd April 2014. Negotiations to continue the agreement are to be commenced on or after the 4th April 2013.
7. BEHAVIOUR OF CREW MEMBERS
Treat all customers and stakeholders with dignity and respect
At all times act in an honest and legal manner and carry out duties in line with community values.
Operational Works Crew will not intimidate a customer, or demand a gift before carrying out any Municipal work. Accepting a gift may be legal but not in the best interests of the Shire, the stakeholders or the Crew Member. It is acknowledged and accepted that some customers offer Crews the occasional refreshment throughout the year and/or the traditional drinks at Christmas time. However, the acceptance of any financial reward on a regular or “one off” basis is not condoned by the Shire and constitutes serious misconduct
Treat fellow workers in a courteous and cooperative manner.
7.1 Fair Treatment of Plant
All plant will be treated properly and serviced in accordance with predetermined schedules:
· All faults will be reported immediately
· Showing due regard for the environment
7.2 Non compliance with Code of Conduct
In concert with Clause 10 Dispute Settlement, non-compliance with the Code of Conduct will be subject to a thorough investigation by the Chief Executive Officer in accordance with the Award and Statutory requirement. Should the circumstances warrant it and taking into account the principles of natural justice and equity, a Crew Member not working in an ethical framework or refusing to work within an ethical frame work may be counselled in the first instance, redeployed or should the circumstances be of such a serious nature may have his or her services terminated.
8. FULL TIME, PART TIME AND CASUAL EMPLOYEES
8.1 A full time employee shall mean an employee who is engaged to work a minimum of 38 hours per week on average over 52 weeks of employment. However:
8.1.1 In consideration of the wage increase the full time employees agree to work up to 84 hours per fortnight as ordinary hours and therefore there will be no overtime entitlement.
8.2 PART-TIME EMPLOYEES
8.2.1 A "part-time employee" shall mean an employee who works regularly from week to week for less than the standard ordinary hours in any week.
8.2.2 Payment for leave such as annual leave, personal/carer’s leave and compassionate leave shall be on the basis of the ordinary hours worked by a part time employee proportional to the hours of a full time employee.
8.3 CASUAL EMPLOYEES
8.3.1 A casual employee shall mean an employee who is engaged and paid as such and, except as otherwise provided for in this agreement; such employee shall be paid the ordinary hourly rate prescribed for the classification of work performed with the addition of 20%.
8.3.2 For the purpose of this Agreement the existing Cleaners may remain as Casuals if this is their preferred option.
9. ENTERPRISE BARGAINING PAYMENT MODEL
9.1 Following registration of this agreement, employees covered by this Agreement will receive an increase to the base wage payment matching the Perth Consumer Price Index, capped at 4.5% per annum on the anniversary of this agreement.
9.2 Should the % increase for the relevant Award be higher than the allocated Perth Consumer Price Index increase, then Council will further increase the wages by the difference, capped at 4.5% per annum with a minimum increase guarantee of 2% per annum if the CPI increase indicators fall below this level.
9.3 Previously ordinary hours were increased from 76 hours per fortnight to 84 ordinary hours per fortnight. This does away with the concept of overtime during the 84-hour time span. The employees have also accepted a payment for the two days in lieu. Terminating the concept of the two additional days, known as days in lieu holidays.
9.4 The base wage payments that shall be used at the beginning of this agreement shall be as follows plus a increase to the base wage as per clause 9 of this agreement:
TABLE 9.4
Award Classification Levels / Minimum Weekly Wage Rates1 / $890.40
2 / $905.37
3 / $932.05
4 / $946.86
4A / $977.27
5 / $995.23
6 / $1053.53
9.5 Septic Truck Incentive:
The driver of the Septic Truck be provided an incentive to perform these duties by way of a payment of $10.00 per septic tank cleaned and billed by Council and $5.00 for each Grease Trap cleaned and billed by Council. This payment is to be paid to the driver of the truck upon Council billing the client and recognises that this responsibility can change between employees.
9.6 Prime Mover/Road Train
The Truck Drivers (2 max) allocated the duties for the operation of the Prime Mover/Road Train are to be paid Level 5 of the EBA in recognition of the additional responsibility and higher license MC) that is required to be held.
10. DISPUTE SETTLEMENT
DISPUTE SETTLEMENT PROCEDURE
It is a term of this Agreement that any dispute, grievance, claim or matter arising from the operation of this Agreement shall be dealt with in the following manner:
Stage 1
(a) The affected employee(s) shall raise the matter verbally with their immediate supervisor.
(b) The immediate supervisor shall act and respond within three (3) calendar days to the employee (s) matter.
Stage 2
(c) If the matter cannot be resolved at this level then the employee shall be entitled to refer the matter to the Chief Executive Officer or their authorised representative.
(d) The Chief Executive Officer or their authorised representative shall respond within seven (7) calendar days to the employee(s) matter.
Stage 3
(e) Where the employee(s) matter is not resolved at Stage 1 or Stage 2 then the employee(s) shall be able to refer the matter externally for Mediation and or Conciliation and Arbitration.
Stage 4
(f) Where an employee(s) matter has been referred under Stage 3 and mediation has not been successful then the parties to his agreement accept that the matter can be referred to formal Conciliation and Arbitration.
(g) At any Stage from Stage 2 onward employee(s) may choose a representative to assist and advocate their matter with the employer. Such representative shall be entitled to be present at any meetings involving the matter raised by the employee(s) and shall have adequate time to consult with affected employee(s).
(h) The parties to this Agreement confer Mediation, Conciliation and Arbitration powers necessary for resolution of disputes, claims, grievances, and matters arising under the operation of terms of this Agreement on the WAIRC. (Western Australian Industrial Relations Commission)
(i) Where one or more parties to this Agreement request documentation and recording relevant to the matter(s) raised by the employee(s) under this clause then such records shall be produced and maintained and provided to all parties.
11. PAYMENT OF DRIVERS LICENCES
Where a valid driver’s licence is a requirement of the position or for the purposes of bringing together a multi task team the Shire will pay for the driver’s licences for the employees for the life of this Agreement.
12. LOGICAL TASK COMPLETION
From time to time Council is faced with additional cost of returning to a job for a minimal amount of time because of knock off arrangements. In future employees who believe that the project can be completed with an additional hour or so of work may after consultation with the supervisor elect to finish the project with self-authorised overtime. On occasions when this does not suit all the members transport may be arranged for employees to return to the depot providing that occupational health and safety requirements are not diminished.
13. PROTECTIVE CLOTHING
13.1 Safety jackets to be replaced on producing old jacket with fair wear and tear. Safety boots, 1 pair per person per year. Drainage and Bitumen patching crew 1 pair safety boots, 1 pair rubber boots, to be replaced on fair wear and tear.
13.2 Winter jackets and wet weather gear 1 every 2 years unless upon producing jacket with fair wear and tear. 5 items of clothing per year. Except Bitumen crew replaced on fair wear and tear protective disposable trousers for bitumen spraying or similar.
13.3 The Shire shall issue a letter to each employee for taxation purposes stating that the Shire logo meets the requirements of the Australian Taxation Office for the purpose of claiming a deduction for such approved use as laundry.
14. STAFF AFTER HOURS CALL OUTS
For safety reasons, 2 persons will attend after hours call outs. Minimum call out will be paid as 3 hours at double time rates. Multiple call outs during that period will not result in additional payment for each call out. Employees called out after midnight or returning home after midnight are entitled to a 8-hour break without loss of normal income before commencing the morning ordinary hours shift. Under special circumstances and by mutual arrangement this clause may be varied to suit the particular circumstance.