2001 WAIRC 03475
100106618
WESFI Manufacturing Pty Ltd, MDF Division Enterprise Bargaining Agreement (CEPU version) 2000 – 2002
No. AG 149 of 2001
1. TITLE:
This agreement will be known as the WESFI Manufacturing Pty Ltd, MDF Division Enterprise Bargaining Agreement (CEPU version) 2000 - 2002.
2. ARRANGEMENT:
Clause Number
Title / 1Arrangement
/ 2Application and Parties Bound / 3
Period of Operation / 4
Objectives / 5
Relationship to Awards and Other Agreements / 6
Consultation and Participation / 7
English Language Literacy and Numeracy Training / 8
Redundancy Provisions / 9
Right of Entry / 10
Trade Union Training / 11
Workers’ Compensation / 12
Bereavement Leave / 13
Shift Changes / 14
Remuneration / 15
Trainees / 16
Payroll Deductions / 17
Contract Labour / 18
Special Conditions / 19
Enterprise Consultative Committee Training Leave / 20
Equal Employment Opportunity, Harassment and Discrimination / 21
Workers with Family Responsibilities / 22
Training and Skill Development / 23
Journey Accident Cover / 24
Annual Leave / 25
Sick Leave / 26
Voluntary Emergency Services Work / 27
Quality Assurance / 28
Continuous Improvement / 29
Hours of Work / 30
Non Smoking Site / 31
Grievance and Disputes Procedure / 32
No Extra Claims Commitment / 33
Salary Sacrifice
/ 34Signatories
/ 35Employees Bound by Agreement
3. APPLICATION AND PARTIES BOUND:
This agreement shall be binding on:
· WESFI Manufacturing (MDF Division);
· the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia, Engineering and Electrical Division, WA Branch
· All employees who are engaged under the terms of the Metal Trades (General) Award No 13 of 1965 (Award hereafter).
4. PERIOD OF OPERATION:
The parties agree:
· that this agreement will become effective from the first pay period commencing on or after October 27, 2000;
· that this agreement shall remain in operation for a period of 24 months from October 27, 2000;
· that negotiations for a new enterprise agreement will commence during the month of June 2002;
· that the first increase payable under this agreement will be processed via the pay office as soon as is reasonably practicable once this agreement is signed by all parties.
5. OBJECTIVES:
The objective of this agreement is to promote real gains in productivity, efficiency and flexibility at the workplace and to provide more varied, skilled and better paid jobs for employees by continuing to implement workplace reform.
The parties agree that the provisions for reform set out in this agreement, will be implemented and managed professionally to produce significant productivity and efficiency benefits at the enterprise level.
6. RELATIONSHIP TO AWARDS AND OTHER AGREEMENTS:
6.1 This agreement shall be read and interpreted wholly in conjunction with the award specified in clause 3.0 – Application and Parties Bound, provided that where there is any inconsistency, this agreement shall take precedence.
6.2 This agreement is a compilation of the previous WESFI Manufacturing (MDF Division) Enterprise Bargaining Agreements applying at the site, namely the 1993, 1995, 1996 and 1998 agreements and supersedes and wholly replaces those previous agreements. It is the intention of the parties in compiling the agreements to capture:
(a) all active clauses (ie those that have not been superseded by subsequent agreements); and,
(b) the spirit and intent of the previous agreements.
6.3 The company agrees for the life of this agreement not to reduce existing pay and employment conditions.
6.4 The parties agree that the Enterprise Consultative Committee will exist in accordance with the ECC Constitution.
6.5 The company agrees to maintain the existing collective process of negotiation of pay and employment conditions for employees through the CEPU.
7. CONSULTATION AND PARTICIPATION:
The parties agree that a properly functioning consultative mechanism has considerable benefits and intend to continue using the Enterprise Consultative Committee. It is accepted that the Enterprise Consultative Committee will not be used as the primary forum to resolve industrial relations grievances and that the Grievance and Disputes Procedure is available for this purpose.
8. ENGLISH LANGUAGE LITERACY AND NUMERACY TRAINING:
All English language literacy and numeracy training initiatives should be progressed in the first instance via the Enterprise Consultative Committee.
9. REDUNDANCY PROVISIONS:
The parties agree that the Redundancy Agreement attached to this agreement will form part of and be valid for the life of this agreement.
10. RIGHT OF ENTRY:
Union representatives holding certification from the state or national secretary of the CEPU will be granted permission to enter sites covered by this agreement with 5 minutes notice to the site manager during the life of this agreement.
Union representatives will not hinder the productivity of the workplace but can interview employees and by agreement with the company hold paid meetings of union members to discuss issues associated with this agreement.
11. TRADE UNION TRAINING:
For the purposes of this clause only, the Forest and Building Products, Manufacturing and Merchandising (General) Award 1996 clause 71 – Trade Union Training Leave provisions shall apply to employees covered by the provisions of this agreement.
Where the union nominates an employee for leave without loss of pay to attend a trade union training course under the TUT leave provisions in the Award, the union will provide the employer with two weeks notice of the nomination of the employee.
The employee will be required to apply for the leave in the normal manner. It is agreed that WESFI will not unreasonably withhold agreement. Trade union courses are any union training courses that are endorsed by the union and which enable the employee to better perform their role as an employee representative
12. WORKERS’ COMPENSATION:
Where an employee is incapacitated through injury within the meaning of any Workers’ Compensation Act, WESFI shall pay the injured employee the entitlements due under the Workers’ Compensation Act and in addition WESFI will pay the Superannuation Guarantee Levy requirements for a period of 12 months or as specified by legislation, after the date of the injury providing the injured person remains an employee of the company.
13. BEREAVEMENT LEAVE:
The parties agree that in special circumstances employees may require bereavement leave in addition to the award/agreement entitlement. In these circumstances the employee will put their case to the Site Manager for approval. Each case will be considered on its individual merits.
14. SHIFT CHANGES:
The parties agree that a process will be developed via the Enterprise Consultative Committee for implementing personnel changes to rosters. The principles for the development of this process are that:
· WESFI will consult with the employees involved prior to the implementation of the change;
· short term changes from time to time will be necessary that will have to be implemented expeditiously.
15. REMUNERATION:
15.1 The increases payable under this agreement are:
(a) a fixed increase of 3.3% on the ordinary hourly rate as at October 26, 2000 payable from the first pay period commencing on or after October 27 2000 to December 31, 2000;
(b) a fixed increase of 4% on the ordinary hourly rate as at October 26, 2000 payable from January 1, 2001;
(c) a fixed increase of 4% on the hourly rate as at October 26, 2001 payable from the first pay period on or after October 27, 2001 provided that a productivity target of 360m3 per day average is maintained for each of two consecutive months during the period from the date of signing this agreement to October 26, 2001. If the productivity target set out in this sub-clause is not achieved an increase of 3.3% only is payable.
(d) A further increase of 0.7% calculated on the hourly rate as at October 26, 2001 is available if the productivity target set out in sub-clause 15.1 (c) above is achieved during the period October 1, 2001 to October 26, 2002 payable from the beginning of the first pay period after which the target is achieved.
(e) This increase will be paid no earlier than October 27, 2001 and no later than the date on which the target is achieved prior to October 27, 2002.
15.2 Should conditions within the MDF operation change dramatically such that achievement of the productivity target set out in sub-clause 16.1(c) is impossible, the Enterprise Consultative Committee will meet and review the situation. Provided that during the review and until agreement is reached, no party may take industrial action and the status quo shall remain.
15.3 The increases set out in this clause are conditional upon the following:
(a) “Performance Based Increases” provided for in the 1996 EBA, (and subsequently cancelled by the 1998 EBA) remain withdrawn by the company and will no longer be paid at any time;
(b) “Dirt Money” allowances paid via an historical site arrangement remain withdrawn by the company and will no longer be paid at any time unless agreed to by both parties.
16. TRAINEES:
The parties agree that if WESFI intends to engage trainees under any government subsidised scheme the Enterprise Consultative Committee will be consulted on the likely impact of such engagement.
17. PAYROLL DEDUCTIONS:
17.1 Income Protection
An individual employee may elect to have deducted income protection insurance from their wages where so requested in writing.
18. CONTRACT LABOUR:
18.1 The parties agree that short-term labour will be used for peak workloads as required. Further that for longer term labour hire it is the intent of WESFI to engage employees on a fixed term contract basis up to six months. Employees required beyond six months will be reviewed and appointed as permanent employees provided that they meet WESFI requirements for the appointment of permanent employees.
18.2 Any requirement for labour hire that falls outside of the parameters set out in sub-clause 18.1 will be discussed with the Enterprise Consultative Committee prior to being implemented.
19. SPECIAL CONDITIONS:
From the date of signing of this agreement, the following allowances will apply.
19.1 Boot Allowance
19.1.1 The parties agree that the boot allowance will increase to $110.00 per pair. Boots will be replaced on a fair wear and tear basis.
19.1.2 This arrangement is subject to suitable boots being selected for the work area.
19.2 Bar Change Allowance
19.2.1 The parties agree to reintroduce a bar change allowance of $10.00 per bar change for those employees directly involved in changing bars in the press. All bar change allowances are to be approved in writing by the Shift Leader.
20. ENTERPRISE CONSULTATIVE COMMITTEE TRAINING LEAVE:
20.1 All Enterprise Consultative Committee representatives will be entitled up to a maximum of two days paid leave, to attend Union training courses on Enterprise Consultative Committee skills. At WESFI’s discretion a further two days leave may be allowed. The parties agree to consult and co-operate as to timing of and attendance at training sessions.
20.2 Training will be carried out during normal working hours and participants will be paid at their usual rate for that time. Shift workers will be released from shifts for the duration of the training and be paid as per the roster.
20.3 Training will be joint training. The parties agree to consult on the delivery of training by CEPU and WESFI trainers.
20.4 The Union and the Company will confer regarding “follow-up” training.
20.5 Sub committees will receive the same training entitlement to enable them to operate efficiently and effectively.
21. EQUAL EMPLOYMENT OPPORTUNITY, HARASSMENT AND DISCRIMINATION:
The parties to this agreement are committed to ensuring that the site is an equal opportunity operation and is free from harassment and discrimination.
22. WORKERS WITH FAMILY RESPONSIBILITIES
22.1 To assist employees with family responsibilities, the parties agree to the following family leave provisions.
22.2 Full and part time employees shall be entitled to utilise up to 7 days (non cumulative) of accrued annual or sick leave per annum to provide short term assistance to ill members of their immediate family, provided:
22.2.1 Satisfactory evidence of illness is provided.
22.2.2 The employee has responsibility for the care of the family member concerned.
22.2.3 The 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).
23. TRAINING AND SKILL DEVELOPMENT:
23.1 The parties agree to continue to improve and upgrade the skills of the workforce. The parties agree to support the training programme that is directed at improving the competitive advantage of WESFI and the skills and career path options for its employees. It 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. The Enterprise Consultative Committee will assist with the development and review of the training programme.
23.2 It is agreed that the cost of delivering training to individuals as part of skills formation and career path progression must be kept to a minimum. Therefore the implementation and planning of training must be such as not to adversely affect the plant operation or financial performance.
23.3 WESFI will endeavour to schedule training during the ordinary hours of work, but may require personnel to attend training sessions at other times.
24. JOURNEY ACCIDENT COVER:
The parties agree that the workers’ compensation policy covering employees for journey insurance will continue for the duration of this agreement.
25. ANNUAL LEAVE:
25.1 Annual leave shall be taken in accordance with the terms and conditions as contained within the Metal Trades (General) Award 13 of 1965. These terms may be varied in accordance with the process outlined in that Award via the Enterprise Consultative Committee.
25.2 Annual leave and annual maintenance shutdown may vary in length and in timing to suit the market conditions. This may include splitting annual leave as considered appropriate by WESFI to meet market conditions. Notwithstanding this, WESFI will endeavour to meet the individual employee’s needs and requirements.
25.3 By agreement between the parties upto four weeks annual leave may be accured by employees. This accrual shall be reviewed by WESFI before the end February each year.