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Dyno Industries (WA) Pty Ltd (DIWA) Enterprise Bargaining Agreement 1999
No. AG 85 of 2000
1.TITLE
Dyno Industries (WA) Pty Ltd (DIWA) Enterprise Bargaining Agreement 1999.
2.ARRANGEMENT
1.TITLE
2.ARRANGEMENT
3.APPLICATION AND PARTIES BOUND
4.DATE AND PERIOD OF OPERATION
5.NO EXTRA CLAIMS
6.RELATIONSHIP TO PARENT AWARD
7.VISION AND OBJECTIVES
8.REMUNERATION
9.GRIEVANCE AND DISPUTES PROCEDURE
10.FAMILY LEAVE
11.BEREAVEMENT LEAVE
12.SECURITY OF EMPLOYMENT
13.REVIEW OF AGREEMENT
14.QUALITY ASSURANCE
15.CONTINUOUS IMPROVEMENT
16.TRAINING
17.SAFETY EQUIPMENT AND CLOTHING
18.HOURS OF WORK
19.ANNUAL LEAVE
20.LONG SERVICE LEAVE
21.CASHING OUT OF LEAVE
22.SIGNATORIES TO THE AGREEMENT
3.APPLICATION AND PARTIES BOUND
3.1This agreement shall be binding on:
- DIWA (the Company)
- The Forests Products, Furnishing and Allied Industries Industrial Union of Workers WA.
- All employees who are engaged under the terms of the Particleboard Industry Award No 10 of 1978 and the Metal Trades (General) Award 1966.
3.2The parties will oppose any applications by other parties to be joined to this agreement.
4.DATE AND PERIOD OF OPERATION
This agreement shall come into effect from the first pay period commencing on or after the date this agreement is ratified by the Western Australian Industrial Relations Commission (WAIRC) and shall remain in operation until 30 September, 2001.
5.NO EXTRA CLAIMS
The parties agree that the Wage Case decisions occurring during the life of this agreement will not be made available to the employees covered by this agreement and that no extra claim or claims will be made.
6.RELATIONSHIP TO PARENT AWARD
This agreement shall be read and interpreted wholly in conjunction with those awards specified in Clause 3. APPLICATION AND PARTIES BOUND and the Dyno Industries (WA) Pty Ltd Enterprise Agreements (1993, 1994 and 1997) provided that, where there is any inconsistency, this agreement shall take precedence.
7.VISION AND OBJECTIVES
VISION
It is DIWA’s vision to be valued by its customers as a reliable consistent supplier of products manufactured to agreed specification.
To fulfil this vision all parties must commit to:
- maintain and develop the existing AS/NZS ISO 9001 quality management system
- participate fully in the DIWA Team Based Continuous Improvement programme and the Goal Achievement and Development System arising as a consequence of the Company’s vision and values, recognising personal abilities and extent of available time
- facilitate and undertake training focused at achieving the Company’s vision and values.
OBJECTIVES
The objectives of this agreement are to facilitate and commit the parties to:
- creating a culture on the site that is outwardly focused to providing excellence in meeting customer requirements and inwardly focused to providing a consultative, rewarding and productive environment within the plant
- ensuring the plant becomes a more productive and efficient operation and thereby maintains its position as a viable and competitive organisation that is striving to be a centre of excellence
enhancing employees’ skills and providing the employees with more varied and fulfilling jobs
- ensuring the plant continues to operate with due regard to the health, safety and environmental well being of those internal and external to the organisation.
8.REMUNERATION
8.1In addition to the specific commitments provided for in this clause the increases provided for hereunder are in recognition of the commitment by the parties to all matters provided for in this agreement:
8.1.1October 1999
A wage increase of 4% effective from the first pay period commencing on or after October 1, 1999 and payable following ratification of this agreement by the WAIRC. This payment is in recognition of continuing commitment by all parties to the key DIWA goal focus areas and measures contained in Attachment B.
8.1.2October 2000
A wage increase of 3% effective from the first pay period commencing on or after October 1, 2000. This payment is in recognition of:
- continuing commitment by all parties to the processes as outlined in this agreement
- evaluation of the level of achievement on the initial goals contained in Attachment B
- development, agreement and commitment to suitable goals for the remaining 12 month period of the agreement.
8.2It is understood that all wage increases will be recommended by the DIWA Enterprise Consultative Committee. The system used to asses participation and achievement will be reported in the Enterprise Consultative Committee’s Annual Report.
8.3The increases provided for in clause 0.1 shall be additional to the ordinary hourly rate of pay payable prior to the signing of this agreement. All other increases will be cumulative on this ordinary hourly rate. However, the increases provided for in this clause shall not be applicable to allowances or flat weekly payments not included in the ordinary hourly rate.
9.GRIEVANCE AND DISPUTES PROCEDURE
Any grievance, industrial dispute or matter likely to create a dispute shall be dealt with in the following manner.
9.1The employee will attempt to resolve the matter with their direct supervisor.
9.2If the matter is not resolved by 9.1, the accredited union representative shall discuss the matter with the supervisor in charge of the section or sections in which the grievance, dispute or likely dispute exists.
9.3If the grievance, dispute or likely dispute is not resolved at this level, the union representative shall consult with the company manager or nominated company representative.
9.4If the grievance, dispute or likely dispute is not resolved by 0, the company representatives will meet with the appropriate union official, the union representative and any other representatives agreed by the parties in an endeavour to resolve the grievance, dispute or likely dispute. The parties agree that, where possible the preceding steps should be finalised within five (5) working days.
9.5If the grievance, dispute or likely dispute is not resolved in accordance with these procedures, either party may refer the matter to the West Australian Industrial Relations Commission.
9.6Without prejudice to either party, and, except where a bona fide health and safety issue is involved, work shall continue while matters in dispute are being dealt with in accordance with these procedures.
10.FAMILY LEAVE
To assist employees with family responsibilities the parties agree to the following family leave provisions:
10.1Full time and part time employees shall be entitled to utilise up to 5 days (non cumulative) of accrued annual or sick leave per annum to provide short term assistance to ill members of their immediate family, provided:
10.2Notice is given by the employee to their supervisor / manager so that ordinary operations are not adversely affected.
10.3Satisfactory evidence of illness is provided.
10.4The employee has the responsibility for the care of the family member concerned.
10.5The family member is either:
(a)A member of the employee’s household, or
(b)A member of the employee’s family (as defined in the Sex Discrimination Act 1984).
11.BEREAVEMENT LEAVE
11.1On the death of a spouse or de facto spouse, a child or step-child, a parent or step-parent, sibling or any other person who, immediately before that person’s death lived with the employee as a member of the employee’s family, the employee is entitled to paid bereavement leave of ordinary time earnings of up to 2 days.
11.2Where an employee is required for support, or to attend a funeral or memorial service, for an extended family member or a close associate, DIWA will provide up to 2 days coverage provided reasonable notice is given. This leave can be taken as unpaid or annual leave.
11.3Proof can be required of the death and the association of the employee to the deceased.
11.4In the case of the death of an associate of DIWA, an appropriate person to represent the company at a funeral or memorial service will be nominated by mutual consent with the General Manager. This representation will not involve a loss of ordinary time earnings for the person so nominated.
12.SECURITY OF EMPLOYMENT
The company is committed to providing security of employment but market forces may at any time result in the need to reduce employee numbers.
Any decision by the Company to reduce the number of employees bound by this agreement will be discussed with Employees and the Union prior to terminations taking place.
13.REVIEW OF AGREEMENT
The parties agree to review this agreement no later than six (6) weeks prior to the date of expiry of this agreement, 30 September 2001.
14.QUALITY ASSURANCE
The Company is committed to a successful system of Quality Assurance procedures. The Company believes, and the parties agree, that the continuing development and maintenance of the AS/NZS ISO 9001 quality management system is fundamental to the capacity of the enterprise to maintain sales of its products.
The parties commit to further developing, supporting and promoting the systems that are in place.
15.CONTINUOUS IMPROVEMENT
The parties agree that the application of Continuous Improvement techniques is a fundamental concept to achieve and maintain greater competitiveness and thereby ensure that the plant operates at targeted levels of efficiency or better.
The Company will commit resources to facilitate a Continuous Improvement programme. In addition, all parties commit to fostering a Continuous Improvement culture on site.
16.TRAINING
It is the Company’s intention to focus on training that is directed at improving the competitive advantage of the Company and the skills of its employees.
16.1It is also understood by the parties that training of personnel will assist in maintaining a safe work environment and is of critical importance to the success of the operation.
16.2Further it is agreed that the cost of delivering training to individuals as part of their skills formation and career path progression must be kept to a minimum. This is to ensure that the availability of training is sufficient to satisfy both the Company’s needs and individual expectations of career path progressions.
16.3Therefore it is agreed that the implementation and planning of training must be such so as not to adversely affect the plant’s operation or financial performance. It is agreed that the following be adopted:
- Training of employees in current tasks. It is agreed that any person on site may be required to undertake training in this category as necessary. Payment will be at single time.
- Training to increase skills and career path advancement where this is considered necessary for the business. Payment will be at single time.
- Training to increase skills and career path advancement where this is not considered necessary for the business. It is agreed that this training is elective and will be facilitated by the Company where possible. There will be no payment in this instance by the Company.
16.4The company will endeavour to schedule training during the ordinary hours of work without loss of ordinary earnings but may require personnel to attend training sessions at other times. As above, this training time will be paid at the single time rate.
17.SAFETY EQUIPMENT AND CLOTHING
The use of appropriate safety equipment, personal protective equipment and uniforms as may be provided by the Company is mandatory.
18.HOURS OF WORK
The parties to this Agreement agree to the following with respect to scheduling of hours of work.
18.1Normal hours of work will be scheduled to allow manning to maximum advantage of the business and to suit market conditions, whilst not compromising the quality of life to employees.
18.2The provision of meal breaks, leave and leisure time will be managed to meet the employee’s needs and ensure the ongoing efficient operation of the enterprise and with regards to health and safety.
18.3Normal hours of work are based on the current 12 hour shift roster (average of 38 ordinary hours plus 4 overtime hours per week) for the continuous shift, or with an average of 7.6 hours per day (38 hours per week) for day workers, or other such rosters agreed between the parties.
19.ANNUAL LEAVE
The parties to this Agreement agree to the following with respect to annual leave:-
19.1Annual leave and annual maintenance shutdowns may vary in length and in timing to suit the market conditions. This may include splitting annual leave as considered appropriate by the Company to meet market conditions. Notwithstanding this, the Company will endeavour to meet individual employee’s needs and requirements. Any requirement to work on Christmas Day will be by prior consultation with employees.
19.2Except as provided for elsewhere in this Agreement annual leave entitlements under the award are retained with respect to the accrual of annual leave, leave loading and other such minimum conditions available under the award.
19.3By agreement of the Company and the employee up to six weeks annual leave may be accrued by employees. This accrual will be reviewed by the company before the end of February each year.
19.4It is agreed by the parties that the taking of Annual Leave may be varied in length.
19.5In lieu of the provisions contained in the Particle Board Industry Award (S.W.L.D.) - Clause 8 - Annual Leave subclause 2, subclause 6, and subclause 11 and the Metal Trades General Award - Clause 23 Holidays and Annual Leave subclause 3, and subclause 4, - a worker engaged on a twelve hour continuous shift roster shall be paid the amount that would have been paid for the average weekly hours worked in accordance with the roster cycle, at ordinary time rates plus a loading of 17.5% of that amount. Payment for Annual leave hours will not exceed a total of 42 hours x 5 weeks = 210 hours. Annual leave will be taken in blocks according to the roster cycle.
20.LONG SERVICE LEAVE
20.1The company provides long service leave of thirteen (13) calendar weeks after ten (10) years continuous service. A subsequent entitlement to thirteen (13) calendar weeks long service leave accrues after another continuous ten (10) years service. Subsequent entitlements to long service leave occur again after completion of every seven (7) years continuous service.
20.2There is no pro rata payment for long service leave prior to completing ten (10) years continuous service.
20.3The rate of pay for a full time employee for each week of long service leave shall be at 38 hours times the ordinary hourly rate. The ordinary hourly rate does not include any loadings, penalties or other allowances whatsoever.
21.CASHING OUT OF LEAVE
21.1It is the intent of the parties that all employees should be encouraged to take their normal leave entitlements as time off.
21.2Notwithstanding the provisions of clause 19 and sub-clause 20.1 above, where the employer and the employee agree, the employee’s leave entitlements may be cashed out as follows:
- Up to one (1) weeks entitlement for every five (5) weeks annual leave accrued:
- Up to four (4) weeks entitlement for every thirteen (13) weeks long service leave accrued.
21.3An application for the cashing out of annual leave or long service leave must be made and agreed to in writing.
21.4Where the employee has cashed out a portion of his/her leave he/she is not then entitled to have the cashed out portion as time off at a later date. The cash payment shall be at the rate the employee would have received had they proceeded on leave in accordance with this agreement. Such payment is agreed as being an equivalent benefit in lieu of taking the leave.
22.SIGNATORIES TO THE AGREEMENT
______/___/___
On behalf of Dyno Industries (WA) Pty Ltd
______/___/___
On behalf of the Site Consultative Committee employee representatives
______/___/___
On behalf of The Forests Products, Furnishing and Allied Industries Industrial Union of Workers WA
ATTACHMENT A.
EMPLOYEES BOUND BY THE AGREEMENT
As at November 2nd 1999, this agreement will apply to a total of 16 employees who are, or are eligible to become members of the:
- The Forests Products, Furnishing and Allied Industries Industrial Union of Workers W.A. (16)
ATTACHMENT B.
Introduction
The basis of this agreement is continuous improvement of all DIWA operations whilst adhering to high standards of safety and quality. The areas of focus identified are :
- Safety and Environment
- Customer Satisfaction, and
- Production Efficiency
All DIWA employees have the ability to affect the measures of this agreement. It is envisaged each category will be weighted equally.
Safety and Environment
Personnel at DIWA have achieved a high level of environmental responsibility. DIWA is also approaching six years without a lost time injury. The desired achievement is to continue operations without an LTI (including site contractors). It is of the utmost importance that this agreement is achieved with due regard to site safety and the environment. To ensure this is kept in focus two measures will be considered.
Hazard and Incident Reporting
We currently have a good record on this measure, however we need to be more pro-active in the area of Hazard Reporting. All incidents and hazards shall be reported immediately to management and a measure of non-reported instances is to be maintained.
Housekeeping
A clean and well maintained site has an important effect on site safety. The existing housekeeping and monitoring system has proved very effective to date. The 3 point moving average as per Chart 1 is to be maintained above the target of 85%.
Customer Satisfaction
Two considerations will be measured with respect to customer satisfaction.
Product Delivery
All efforts are to be made to ensure customers are supplied product conforming to specification and to the agreed delivery schedule. It is our endeavour to improve our delivery precision as measured by maintenance of a level below one customer complaint and zero product concessions per year.
Product Quality
Our customers are increasingly demanding higher levels of product quality and consistency. We are committed to customer service and to demonstrate this we will continuously improve our batch to batch variation. The measure of quality parameters is to continue to be monitored for an observable reduction in product quality variation.
Production Efficiency
Two considerations will be measured with respect to production efficiency.
Batch Cycle Time
Measurement of several batch parameters indicate that savings can be made in batch cycle time. This reduction also results in a more consistent product quality. An average reduction of 10% on all batches is to be achieved. The products to be monitored are listed in Table 1 showing the current and target cycle times.
Production Incidents
(An incident causing financial loss which can be avoided).
Production incidents have been reduced significantly over the recent past and it is desirable to maintain this trend. The 3 point moving average as per Chart 2 is to be maintained above the target of 10 weeks.
TABLE 1
Batch Cycle Time For Selected Products
Product / Current Hours / Target HoursL-192 / 13.5 / 12.0
D-326 / 18.0 / 16.0
EXP-318 / 11.0 / 10.0
D-359 / D-344 / 12.0 / 10.8
M-348 / 12.5 / 11.2
L-305A / 11.5 / 10.2
HxPAM / 9.0 / 8.0
VARIATIONRECORD
Dyno Industries (WA) Pty Ltd (DIWA) Enterprise Bargaining Agreement 1999No. AG 85 of 2000
Delivered 01/06/00 at unreported
Consolidated
CLAUSE NO. / EXTENT OF VARIATION / ORDER NO. / OPERATIVE DATE / GAZETTE REFERENCE