Metro Brick (Cardup) (Enterprise Bargaining) Agreement 1994

METRO BRICK (CARDUP)

(ENTERPRISE BARGAINING) AGREEMENT 1994

No. AG 37 of 1995

1.-TITLE

This industrial agreement shall be referred to as the Metro Brick (Cardup) (Enterprise Bargaining) Agreement 1994.

2.-ARRANGEMENT

1.Title

2.Arrangement

3.Scope and Parties to this Agreement

4.Relationship to Parent Awards

5.Single Bargaining Unit

6.Aims and Objectives of the Agreement

7.Wages

8.Agreed Productivity Improvements

9.Measuring Productivity Improvements

10.Commitments

11.Contractors

12.Term of Agreement

13.Dispute Resolution Procedure

14.No Further Claims

15.Not to be Used as a Precedent

16.Signatories to the Agreement

Appendix - Resolution of Disputes Requirements

Appendix A - Schedule of Wage Rates

Appendix B - Schedule of Current Shift Rosters

3.-SCOPEANDPARTIESTOTHISAGREEMENT

(1)This agreement shall apply to and be binding on Metro Brick ("the company") and all the employees engaged in or in connection with the company's Cardup Brick Manufacturing.

(2)This agreement shall also be binding upon the following organisations of employees parties to this agreement:

(a)The Federated Brick, Tile and Pottery Industrial Union of Australia (Union of Workers) Western Australian Branch;

(b)Metals and Engineering Workers' Union - Western Australian Branch;

(c)Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch).

(3)The parties will oppose any applications by other parties to be joined to this agreement.

4.-RELATIONSHIPTOPARENTAWARDS

(1)This Agreement shall be used and interpreted wholly in connection with the following awards:

(a)Brick Manufacturing Award 1979;

(b)Metal Trades (General) Award 1966.

(2)Where there is any inconsistency between this agreement and either award, this agreement shall prevail to the extent of any inconsistency.

5.-SINGLEBARGAININGUNIT

(1)In accordance with the State Wage Decision of 24 December 1993 the employees and the company have formed a single bargaining unit in respect to the Cardup manufacturing plant.

(2)The single bargaining unit will ensure that the framework of this enterprise agreement is adhered to by regularly conferring with the management through the meeting of the consultative committee.

(3)The single bargaining unit will assist in the implementation of measures that are designed to improve the efficiency and productivity of the enterprise that have been agreed to by the parties.

6.-AIMSANDOBJECTIVESOFTHEAGREEMENT

(1)It is the object of the parties to work towards a cultural change in the work place so that co-operation and change will promote an harmonious work place as well as a more productive and competitive company in the domestic and international market place. This will be brought about by:

(a)improved and effective consultation and communication procedures between management and employees. Each party is committed to co-operating positively to exchange information to assist the change process, and to actively participate in training and development.

(b)Continuous change in work place practice such as flexible shift rosters and flexible work practices so that we will improve the efficiency of the operations and enhance the skills and job satisfaction of the employees, in a safe working environment. Employees will be encouraged to accept further responsibility and be more accountable for their work.

(2)The purpose of entering into an enterprise bargaining agreement is to increase the productivity, efficiency and flexibility of the Cardup works to ensure the company remains competitive within the brick manufacturing industry.

(3)The company remains committed to the continual training of all personnel so that their skills base can be enhanced, and to provide an environment in which these new skills can be utilised and recognised to the satisfaction of individual employees.

(4)Furthermore, the company recognises the need to improve occupational health and safety for all employees and is therefore committed to the development and implementation of health and safety initiatives. This agreement provides for the participation of all employees in these initiatives in order that the brick works will become a safer working environment.

(5)All parties remain committed to the application of continuous improvement philosophy to all operations at the plants and will use their best efforts to achieve productivity improvements.

(6)All parties realise the importance to the business of good customer service and will assist in all ways possible to further the company's business objectives of improved customer service.

7.-WAGES

(1)The wage rates to apply pursuant to this agreement are attached as Schedule A.

(2)The rates prescribed in this clause are inclusive of all industry and leading hand allowances.

(3)The increase prescribed in this clause shall operate with effect on and from after the first pay period commencing on or after date of signing.

8.-AGREEDPRODUCTIVITYIMPROVEMENTS

(1)Spread of Hours

The ordinary hours of work for employees bound by this agreement may be worked between 5am and 6pm, Monday to Friday. By mutual agreement between the parties, these hours may be altered to suit the needs of the enterprise.

(2)Shift Rosters

The shift rosters for employees working at the Cardup brick works are attached as a schedule to this agreement.

These rosters may be altered to meet operational requirements, however, no change shall take place without agreement between all relevant parties to the agreement.

(3)Training Rate

An employee required to undertake off the site training outside his or her normal rostered hours of work will be entitled to payment of 1.2 times his or her normal rate of pay.

(4)Quality Assurance

All parties to this agreement are committed to the continued successful implementation and development of the Quality Assurance programme and maintenance of accreditation to Australian Standards (AS3902).

(5)Casual Employment

Full time employees who are not rostered for work, will be entitled to apply on a voluntary basis for additional duties. Duties to include yard and export work. If engaged as such they will be entitled to all award conditions of a casual employee at the appropriate rate of pay.

(6)Time Off In Lieu

By agreement between the parties, an employee may choose to take paid time off work in lieu of overtime, in proportion of the equivalent of overtime payment.

(7)Continuity of Supply

The parties agree that while the dispute settlement procedure is being followed there will be no disruption of supply to customers as a result of industrial action.

(8)Reduction of Waste

All employees bound by this agreement are committed to working with management to identify areas of waste and the implementation of suggestions to improve efficiency.

(9)Probationary Employment

All new employees engaged by Metro Brick after the implementation of this agreement will be offered full time employment subject to the satisfactory completion of a 13 week probationary period. During this period the contract of employment may be terminated by either party by providing notice in accordance with the relevant award provisions.

(10)Relief Operators

Overtime will not be paid to relief operators if it is due to the private arrangements of employees.

9.-MEASURINGPRODUCTIVITYIMPROVEMENTS

The parties to this agreement are committed to improving productivity over the life of this agreement.

This will be achieved through the successful implementation of Clause 8. - Agreed Productivity Improvements of this agreement.

10.-COMMITMENTS

The company recognises that employee contribution is essential to improved performance and therefore accepts those commitments by employees to work towards agreed targets as sincere and in the overall best interest of increasing productivity and efficiency for the collective benefit of the company and its work force.

Furthermore, the company maintains a commitment to multi-skilling and training so that employees can improve their skills base, develop a career within the industry and have greater job satisfaction.

All employees will agree to carry out any tasks which may or may not involve the use of tools, plant and equipment, within their skills, competency and training as directed by the company within the agreed parameters subject to the duties being safe and legal.

11.-CONTRACTORS

The use of contractors is accepted by all parties to cover situations such as labour shortages, provision of specialised skills and or equipment where necessary to cover peak work load situations or any other requirements. Where contract labour is to be used, the employees in the immediate affected area will be notified.

12.-TERMOFAGREEMENT

This agreement shall operate from the date of ratification by the Western Australian Industrial Commission and shall remain in force until 31 December, 1996.

No later than six months prior to the expiration of this agreement the parties will confer to assess progress made and the renewal or otherwise of the document.

13.-DISPUTERESOLUTIONPROCEDURE

Other than a bona fide safety issue in accordance with the Occupational Health, Safety and Welfare Act, the following procedure for settling disputes and grievances will be followed by the parties at Cardup works.

(1)The matter shall first be discussed by the employee or shop steward with his or her foreman/supervisor.

(2)If not settled, the matter shall be discussed between the accredited union representative and the other appropriate officer of the company within 48 hours.

(3)If not settled, the entire dispute shall be documented and then further discussions between the union secretary or other appropriate officials of the union, and the appropriate representative of the company shall occur within 48 hours.

(4)If the matter is still not settled it shall be submitted to the Western Australian Industrial Relations Commission for determination.

(5)Throughout the above procedures work shall continue normally on the understanding that there is to be no other action, including strikes, work bans, nor variation to work practices.

14.-NOFURTHERCLAIMS

It is a condition of this Agreement that the parties will not seek any further claims, with respect to wages, unless they are consistent with the State Wage Case Principles, or any reclassification claim in accordance with the relevant award.

15.-NOTTOBEUSEDASAPRECEDENT

It is a condition of this agreement that the parties will not seek to use the terms contained herein as an example or precedent for other enterprise agreements whether they involve Metro Brick or not.

16.-SIGNATORIESTOTHEAGREEMENT

Signed for and on behalf of Metro Brick (ACN: 008 668 540):

PJPATERSON Date: 8/3/1995.

Signature Name of Person

Authorised to sign (print)

THE COMMON SEAL of)

Metals and Engineering Workers')

Union - Western Australian)

Branch)

was hereunto affixed in the)

presence of:)

JSharp-CollettSECRETARY Date: 8/2/1995.

Signature Title (print)

ORGANISER Date: 8/2/1995.

Signature Title (print)

THE COMMON SEAL of)

Australian Electrical,)

Electronics, Foundry and)

Engineering Union (Western)

Australian Branch))

was hereunto affixed in the)

presence of:)

ASSISTANTSECRETARY Date: 20/2/1995.

SignatureTitle (print)

ORGANISER Date: 20/2/1995.

Signature Title (print)

THE COMMON SEAL of)

The Federated Brick, Tile and)

Pottery Industrial Union of)

Australia (Union of Workers))

Western Australian Branch)

was hereunto affixed in the)

presence of:)

SECRETARY Date: 22/2/1995.

Signature Title (print)

OFFICEMANAGER Date: 22/2/1995.

Signature Title (print)

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENTS

(1)This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23May 1997 (Labour Relations Legislation Amendment Act 1997).

(2)Any dispute or grievance procedure in this award/industrial agreement shall also apply to any questions, disputes or difficulties which may arise under it.

(3)With effect from 22 November 1997 the dispute or grievance procedures in this award/industrial agreement is hereby varied to include the requirement that persons involved in the question, dispute or difficulty will confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

APPENDIXA-SCHEDULEOFWAGERATES

(1) BY CLASSIFICATION / $
Current Hourly
Rate / $
Current
Rate for 38 hours / $
+ 4.5%
on
signing / $
+ 2.5%
on
1/7/95 / $
+ 2.5%
on
1/7/95
Machine Operator
Setter
Packer
F.E. Loader (2.25 cubic mtrs)
Front End Loader
Tractor (Grade 3)
Tractor Driver (4 - 5 tonnes)
Fork - Lift (to 5 tonnes)
Fork - Lift (5 - 10 tonnes)
Tradesperson Level C8
Tradesperson Level C9
Tradesperson Level C10
Kiln Operator
- base hourly rate (for the
purposes of overtime, sick
leave and long service leave)
- for the 12 hour roster
average week
for an 84 hour week as per
roster / 9.8579
9.4895
9.2658
10.496
10.1132
9.9829
9.8947
10.00
10.1645
12.8945
12.3471
11.7971
9.8579
15.4937 / 374.60
360.60
352.10
398.85
384.30
379.35
376.00
380.00
386.25
480.79 *
459.99 *
439.09 *
650.74 # / 391.46
376.83
367.94
416.80
401.59
396.42
392.92
397.10
403.63
502.43 *
480.69 *
458.85 *
10.3016
680.02 #
16.1909 / 401.25
386.25
377.14
427.22
411.63
406.33
402.74
407.03
413.72
514.99 *
492.71 *
470. 32 *
10.5591
697.02 #
16.5957 / 411.28
395.91
386.57
437.90
421.92
416.49
412.81
417.21
424.06
527.86 *
505.03 *
482.08 *
10.8231
714.45 #
17.0106

Note: * An additional tool allowance of $9.20 is applicable.

# An additional skill/attendance payment of $53.20 per week is applicable.

(2) PIECEWORK / $
Current
Rate
per 1000 / $
+ 4.5%
on
signing / $
+ 2.5%
on
1/7/95 / $
+ 2.5%
on
1/7/96
CARDUP NO. 1 PLANT:
(a)Setting
(i)machine operators
(per 1000)
9 inch blocks
Block
(ii)setters
(per 1000 per person)
9 inch blocks
Block
(b)Grade/Pack
(i)machine operators
(per 1000)
9 inch brick
Block
(ii)packers - (per 1000)
for all bricks on a car
9 inch brick
Block
CARDUP NO. 2 PLANT:
Packing:
Repress 76’s (per 1000)
Repress 65’s (per 1000)
Strapping
4 bands
5 bands
6 bands / 1.55
3.36
9.27
20.16
1.49
3.20
9.15
19.19
9.59
9.08
0.41
0.51
0.61 / 1.62
3.51
9.69
21.07
1.56
3.34
9.56
20.05
10.02
9.49
0.42
0.53
0.63 / 1.66
3.60
9.93
21.60
1.60
3.42
9.80
20.55
10.27
9.73
0.43
0.54
0.65 / 1.70
3.69
10.18
22.14
1.64
3.51
10.05
21.06
10.53
9.97
0.45
0.55
0.66

APPENDIXB-SCHEDULEOFCURRENTSHIFTROSTERS

PLANTONE SETTINGANDPACKING

Mon-Thurs5.00am to 1.00pm (no meal break) overtime as required.

Friday 5.00am to 11.00am overtime as required.

Saturday5.00am to 11.00am if required.

PLANTTWO

Mon-Thurs6.00am to 2.30pm.

Friday 6.00am to 12.00noon.

Saturday6.00am to 10.00am as required.

PLANTTHREE

Mon-Thurs4.00am to 12.00noon overtime as required.

Friday 4.00am to 10.00am overtime as required.

Saturday4.00am to 10.00am if required.

BURNERS12HOURROSTER

5.00am to 5.00pm.

MAINTENANCE

Day Shift1 fitter 4.00am to 12.00noon.

Remainder6.00am to 2.30pm.

Afternoon Shift 2.00pm to 10.00pm (no meal break) overtime for all shifts as required.

YARD

6.00am to 4.00pm.

RAWMATERIALS

Pit6.00am to 2.30pm.

No.1 Grinding Shed 5.00am to 2.30pm overtime as requested.

No.2 Grinding Shed 4.00am to 12.00noon overtime as requested.

VARIATIONRECORD

METRO BRICK (CARDUP) (ENTERPRISE BARGAINING) AGREEMENT 1994

NO. AG 37 OF 1995

Delivered 04/05/95 at 75 WAIG 1599

Consolidated at

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1. Title