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Department of Minerals and Energy
and Chemistry Centre of W.A.
Enterprise Agreement 1996
NO. PSGAG 11 of 1996
1. - TITLE
This Agreement shall be known as the "Department of Minerals and Energy and Chemistry Centre of W.A. Enterprise Agreement 1996".
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Purpose of the Agreement
4. Scope
5. Parties Bound to the Agreement
6. No Further Claims
7. Date and Operation of this Agreement
8. Relationship to Parent Awards
9. Single Bargaining Unit
10. Audit of 4% Second Tier and 1989 SEP Agreements
11. Variations to Conditions of Employment
12. Wage and Salary Increases
13. Conditions of Employment.
14. Dispute Settlement Procedures
15. Parties to the Agreement
Appendix A - Productivity Milestones
Appendix B - Negotiating Committee Charter
Appendix C - Audit of 4% Second Tier and 1989 SEP Agreements
Appendix D - Parental Leave
Appendix E - Details of Annual Fortnightly Pay Under Awards Applying
3. - PURPOSE OF THE AGREEMENT
This Agreement will further emphasise the organisation's aim of working to achieve its mission and provide a quality service to its customers, the community and the Government.
The Department of Minerals and Energy's Mission is to manage and support the sustainable development of the State's mineral and petroleum resources in the best interests of the community of Western Australia; and to ensure that the community is:
· protected from hazards associated with dangerous goods, and
· provided with high-quality independent chemical research, consultancy and analytical services.
700 employees of the Department of Minerals and Energy and the Chemistry Centre of W.A. are eligible to be covered by this Agreement.
4. - SCOPE AND RATIFICATION OF THE AGREEMENT
(1) Scope
This Agreement shall apply to all employees within the Department of Minerals and Energy and the Chemistry Centre of W.A. who are members of, or are eligible to be members of, the unions referred to in Clause 5 of this Agreement.
(2) Ratification
The Agreement is to be presented for ratification by the appropriate Industrial Jurisdiction as follows:
Western Australian Industrial Relations Commission (Under the terms of Section 41 of the Industrial Relations Act 1979).
5. - PARTIES BOUND TO THE AGREEMENT
This Agreement applies to the parties as shown below and no other parties shall be able to be joined to this Agreement during its term.
· Employer The Director General of the Department of Minerals and Energy.
The Hon. Minister for Mines.
· Unions Civil Service Association of Western Australia Incorporated.
Australian Liquor, Hospitality and Miscellaneous Workers Union.
Federated Liquor and Allied Industries Employees Union of Australia, W.A. Branch, Union of Workers.
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers.
6. - NO FURTHER CLAIMS
The parties to this Enterprise Agreement undertake that for the duration of the Agreement there shall be no further salary or wage increases sought or granted.
7. - DATE AND OPERATION OF THIS AGREEMENT
This Agreement shall operate from 1 January 1996 and shall remain in operation until 30 September 1996. Discussions between the parties shall re-commence not later than three (3) months before the expiry date of this Agreement.
This Agreement shall not be cancelled or varied during its term unless otherwise provided for.
The parties agree that the measurement and monitoring of Departmental milestones is an essential element of the Agreement. There have been quarterly reviews of milestone achievements as set out in this Agreement conducted by the Department, and a final review of the milestone achievements will be made by a representative Committee appointed by the EBA Negotiating Committee at the expiry of this EBA.
Following the process of reviewing this Agreement it will be renewed or replaced by another Agreement or cancelled as appropriate. However, the base pay quanta achieved as a result of this Agreement will remain and form the new base pay rates for future Agreements or continue to apply in the absence of a further Agreement. The parties agree to continue the spirit of this Agreement until replaced by a further Agreement.
8. - RELATIONSHIP TO PARENT AWARDS
This Agreement shall be read in conjunction with the existing Awards and Agreements which apply to the parties bound to this Agreement. In the case of any inconsistencies, this Agreement shall have precedence to the extent of the inconsistencies. All parties recognise that the relevant Parent Awards consist of:
· Awards and Agreements Public Service Award (1992)
of the Western Australian
Industrial Relations The Facilities Agreement (1992)
Commission
Western Australian Public Sector (Civil Service Association) Enterprise Bargaining Framework Agreement 1995.
Government Officers Salaries, Allowances and Conditions Award (1989)
Gardeners (Government) Award [1986]
Catering Employees and Tea Attendants Award (Government) [1982]
Cleaners and Caretakers (Government) Award 1975
Engineering Trades (Government) Award (1967)
9. - SINGLE BARGAINING UNIT
This Agreement has been negotiated through a Single Bargaining Unit. Each of the parties referred to in Clause 5 above have participated or have been offered representation in the Enterprise Agreement negotiations.
The Single Bargaining Unit parties established a Negotiating Committee to be responsible for negotiating this enterprise agreement for the Department of Minerals and Energy and the Chemistry Centre of W.A. The manner in which this group has functioned is set out in Appendix B.
10. - AUDIT OF 4% SECOND TIER AND 1989 S.E.P. AGREEMENTS
An audit of the 4% Second Tier and 1989 Structural and Efficiency Principle Agreement has been undertaken and is attached at Appendix C.
The parties to this Agreement agree that matters arising from the 4% Second Tier and 1989 Structural Efficiency Principle Agreements shall not be counted when considering the productivity benefits and pay increases arising from this Agreement.
11. - VARIATIONS TO CONDITIONS OF EMPLOYMENT
Without limiting the statements of intent contained within this Agreement, and subject to Clause 7 hereof, the parties agree to the specific alterations to conditions of employment detailed within Clause 13 for the duration of this Agreement.
12. - WAGE AND SALARY INCREASES
(1) The employee's annual salary will commence at the Level set out in this Agreement (See Appendix E) and will be paid in fortnightly instalments.
Over the life of this Agreement a nominal salary increase of 7.7% will be made. This nominal amount is comprised of 2.0% for past productivity and 2.0% for current productivity and 3.7% for estimated benchmark achievements.
Based on gains made from past and current productivity increases and a pre-payment on the Department’s milestones, there will be a 5.5% salary increase, backdated to 1 January 1996. In addition, a further 1.2% salary increase will be paid, effective from 17 May 1996. A further 1% salary increase will be made, effective from 31August 1996. These increases will be compounded and the total effective increase on base salary will therefore be 7.83%.
All salary increases, including back-dated payments apply only to the period employees were/are covered by the relevant award.
(2) As described in Clause 7 and Appendix A, organisational achievements of milestones is an important ingredient of this Agreement. The above payments specified in subclause 12(1) are guaranteed, but the extent to which milestone achievements exceed or fall short of the performance criteria specified in Appendix A will be taken into account in setting further milestones and consequential salary increases in any subsequent Enterprise Bargaining Agreement, the effect of which will be agreed to in negotiations leading up to any such subsequent Agreement.
13. - CONDITIONS OF EMPLOYMENT
The following conditions of employment apply under the terms of this Agreement:
(1) Long Service Leave
(a) The employee may apply to take a complete entitlement of long service leave on full pay or half pay. In addition the employee may elect to take long service leave in periods of two weeks or more.
(b) Should the employee have an accrued long service leave entitlement at the time of entering into this Agreement he or she may elect to convert two weeks of that entitlement into an equivalent cash amount at any time during the operation of this Agreement. If the employee intends to take advantage of this option the employer must be advised of this intention within ninety days of entering into the Agreement.
(2) Normal Hours
(a) · For those employees covered by the Public Service Award (1992) normal hours will be as per Clause 16 of that award.
· For those employees covered by the Government Officers Salaries, Allowances and Conditions Award (1989) normal hours will be as per Clause 16 of that award.
· For those employees covered by the Engineering Trades (Government) Award (1967) normal hours will be as per Clause 13(b) of that award.
· For those employees covered by the Catering Employees and Tea Attendants Award (Government) [1982] normal hours will be as per Clause 8 of that award.
· For those employees covered by the Cleaners and Caretakers (Government) Award 1975 normal hours will be as per Clause 7(1)(a) of that award.
· For those employees covered by the Gardeners (Government) Award (1986) normal hours will be as per Clause 7(1)(a) of that award.
(b) An employee who is employed on a part-time basis shall be paid a proportion of the appropriate full-time pay including increments where applicable dependent upon time worked. The pay shall be calculated in accordance with the following formula:
hours worked per fortnight x full time fortnightly pay
full time hours per fortnight 1
Tea attendants shall receive an additional 15% on top of the above formula.
(3) Prescribed Hours
(a) Subject to the agreement of their supervisor or manager and taking into account the day to day requirements of the duties being performed within the work area, employees may select their own starting and finishing times. Overtime shall apply to time worked in excess of normal hours as defined in accordance with paragraph (a) of subclause (2) of this clause.
(b) The current Departmental flexitime and flexileave provisions will continue to apply.
(c) Where there is no agreement in accordance with paragraph (a) above, the following shall apply:
· For the purposes of overtime agreed starting and finishing times for those employees covered by the Public Service Award (1992) will be deemed to be prescribed hours as per Clause 18 of that award.
· For the purposes of overtime agreed starting and finishing times for those employees covered by the Government Officers Salaries, Allowances and Conditions Award (1989) will be deemed to be prescribed hours as per Clause 18 of that award.
· For the purposes of overtime agreed starting and finishing times for those employees covered by the Engineering Trades (Government) Award (1967) will be deemed to be prescribed hours as per Clause 14 of that award.
· For the purposes of overtime agreed starting and finishing times for those employees covered by the Catering Employees and Tea Attendants Award (Government) (1982) will be deemed to be prescribed hours as per Clause 10 of that award.
· For the purposes of overtime agreed starting and finishing times for those employees covered by the Cleaners and Caretakers (Government) Award 1975 will be deemed to be prescribed hours as per Clause 8 of that award.
· For the purposes of overtime, agreed starting and finishing times for those employees covered by the Gardeners (Government) Award (1986) will be deemed to be the prescribed hours per Clause 12 of that award.
(4) Sick Leave
At the discretion of their Divisional Director, employees may use their sick leave credits to care for immediate family members in the event of illness or other debilitating circumstances. In such cases, an application for sick leave exceeding two consecutive days work must be supported by a certificate from a registered medical provider or registered dentist. This provision will apply in the case of a spouse, de facto spouse, child, stepchild, parent, step parent, parent-in-law or any other person who lives with the employee as a member of the employee's family.
(5) Parental Leave
See Appendix D.
(6) Annual Leave Travel Concessions
The travel concessions contained in the table in the Public Service Award (1992) Clause 19(10) are provided to officers, employees and their dependents when proceeding on annual leave to a destination outside the geographical region of their headquarters and where the headquarters is situated in District Allowance Areas 3, 5, 6, and in that portion of Area 4 located north of 30° South latitude. Provided that such concessions shall not exceed the value of the return economy airfare from their headquarters to Perth, employees may elect to use the concession to purchase return economy airfares to any destination of their choice. Should the cost of the concession be less than the value of the return economy airfare to Perth, then the lesser amount shall be paid.
14. - DISPUTE SETTLEMENT PROCEDURES
Any questions, disputes or difficulties arising under this Industrial Agreement will be dealt with in accordance with the following procedures:
(1) The Union representative and/or the employee/s concerned shall discuss the matters with the immediate supervisor in the first instance. An employee may be accompanied by a Union representative.
(2) If the matter is not resolved within 5 working days following the discussion in accordance with subclause (a) hereof the matter shall be referred by the Union representative to the Director General or his/her nominee for resolution.
(3) If the matter is not resolved within 5 working days of the Union representative’s notification of the dispute to the Director General or his/her nominee it may be referred by either party to the Western Australian Industrial Relations Commission.
Provided that with effect from 22 November, 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.
Provided that the terms of the procedure for resolving questions, disputes or difficulties set out in this clause to address the requirements of section 49A of the Industrial Relations Act shall not apply to that sector of employment coming within the exclusive jurisdiction of the Public Service Arbitrator.