SOLAHART, WELSHPOOL, MANUFACTURING ENTERPRISE BARGAINING AGREEMENT 2004
AGREEMENT NO 119 OF 2004
1.TITLE
This Agreement shall be known as the Solahart, Welshpool, Manufacturing Enterprise Bargaining Agreement 2004.
2.ARRANGEMENT OF EBA
1.Title
2.Arrangement Of EBA
3.Preamble
4.Application
5.Parties Bound
6.Date and Period of Operation
7.Relationship to Parent Awards
8.Measures to Improve Efficiency
9.Wages
10.Avoidence of Industrial Disputes
11.No Extra Claims
12.Training and Development
13.Process of Consultation
14.Joint Commitment to Ongoing Viability
15.Right of Entry
16.Renewal of Agreement
17.Australian Workplace Agreements
18.Employee Meetings
19.Access To Facilities
20.Trade Union Training
21.Fair Treatment
22.Income Protection Insurance
23.Safety and Protective Equipment
24.Casual Employment
25. Carers Leave
26.Superannuation
27.Redundancy
28.Signatories to Agreement
3.PREAMBLE
The vision for Solahart is a co-operative and internationally competitive workplace built on an agreed set of values, which include mutual respect, continuous improvement, customer driven outlook, and a sense of partnership between the company, its employees and the union. A workplace where the employees are well trained, and operating in a learning environment based on the pursuit of excellence and customer satisfaction.
The following agreement is a further step towards achieving this goal and will provide benefits to both the company and the employees who are covered by the agreement.
4.APPLICATION
This Agreement shall apply at Solahart, Welshpool to all employees (approx 80) who are bound by the terms of the Metal Trades (General) Award No 13 of 1965 and Sheet Metal Workers Award No 10 of 1973, insofar as those provisions relate to the parties referred to in clause 5 - Parties Bound of this Agreement.
Employees covered by this agreement currently have and will continue to have in place a classification structure based on the Metal Trades General Award.
5.PARTIES BOUND
The parties to the Agreement are:
Solahart Industries PtyLtd, 112 Pilbara Street, Welshpool WA 6106
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch (AMWU), 121 Royal street EastPerth W.A. 6004.
6.DATE AND PERIOD OF OPERATION
This Agreement shall operate from the start of the first full pay period commencing 31st May 2004 and shall remain in force until June 30th 2007.
7.RELATIONSHIP TO PARENT AWARD
- This Agreement shall be read wholly in conjunction with the Metal Trades (General) Award 13 of 1965 or the Sheet Metal Workers Award No. 10 of 1973 as they relate to relevant employees.
- Where there is any inconsistency between this Agreement and the Metal Trades (General) Award 13 of 196 5or the Sheet Metal Workers Award No 10 of 1973 as they relate to relevant employees., this Agreement shall take precedence to the extent of any inconsistency.
- Where Management or employees wish to implement workplace change, this will be based on genuine business needs and such changes will be implemented with consultation as per clause 14.
- The parties agree that the intent of the provisions is to facilitate the efficient organisation and performance of work without adversely affecting the level of any employee entitlements.
8.MEASURES TO IMPROVE EFFICIENCY
Consistant with clause 3 the parties are committed to consult, identify and implement measures to improve efficiency at the Welshpool site.
The mutual scope.
Labour efficiency
Material, wastage and reduction
Delivery schedule achievement
Changes in working hours
Time off in lieu of overtime
Warrenty and not right first time.
9.WAGES
Employee wages will be increased by 4.25% 1st pay period on or after 1 June 2004, then 1st July 2005 and 1st July 2006 or CPI which ever is greater each year for the term of this agreement.
10.AVOIDANCE OF INDUSTRIAL DISPUTES
The parties to this Agreement shall, in order to avoid industrial disputes, strictly observe the Disputes Avoidence Procedure as set out below.
The objectives of this procedure shall be to promote the resolution of disputes by measures based on consultation, co-operative and discussion; to eliminate industrial confrontation and to avoid interruption to the of work and consequential loss of production and wages.
Where an employee has a grievance, the following procedure shall apply:
1.0Discussion between the employee(s) concerned and at his/her request the appropriate union shop steward/delegate, and the immediate supervisor;
1.1Discussion involving the employee(s), the shop steward(s) and more senior management;
1.2Discussions involving representatives from the state branch of the Union and senior site management.
1.3Discussions involving appropriate senior Union officials and senior site management;
1.4There shall be a commitment by the parties to follow this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.
Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
Sensible time limits shall be allowed for the completion of the various stages of the discussion. At least seven days should be allowed for all staged of the discussions in subclause (i) above to be finalised.
Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Western Australian Industrial Relations Commission for assistance in resolving the dispute.
Up to fourteen days shall be allowed for all stages up to and including Stage (1.4) to be finalised.
In order to allow for the peaceful resolution of grievances during the fourteen (14) days or lesser period, work will proceed as normal, as per the award and this E.B.A. and there will be no disruption to the manufacturing process whilst the dispute procedures are being followed.
The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices.
11.NO EXTRA CLAIMS
It is a term of this Agreement that the parties will not pursue any extra claims, in respect to terms and conditions of employment, award or over award for the life of this Agreement.
12.TRAINING DEVELOPMENT
The purpose of this is to outline the necessary processes to ensure effective Training and Development of employees of Solahart Industries.
Solahart is committed to ongoing training and the consultative process can be used for formal communications on this subject. The company policies shall be used as a guide to managing training requirements.
Scope of Training Programmes
Training programmes should extend to all levels of the organisation and should particularly encompass activities that affect the quality of the goods or services the Company provides.
Selection of new personnel will take regard of preferred levels of experience, skills and qualifications. Each department or section head is responsible for ensuring that employee’s under there control have received training to allow the accepted standards of quality and output to be maintained.
Training Records
The Operations & HR Manager shall ensure that records of employee participation in and completion of training courses shall be kept in personnel records and updated as experience and skills are developed. This requirement covers training conducted either in-house or externally.
Job Rotation - Training and Development
Job rotation provides an opportunity to gain increased knowledge and experience coincident with the opportunity to observe an individual’s performance. Job rotation will generally be encouraged throughout the organisation. Movements can be either within the same function or into an unrelated function. A transfer in the form of a secondment requires specific short-term objectives to be established. Whenever possible, subsequent moves must be planned at the time of commencement of the secondment. Permanent appointments must be consistent with longer-term career plans. Both situations provide opportunities to develop general as well as specialist skills.
13.PROCESS OF CONSULTATION
The parties further agree to continue with the consultative mechanism for the site with the objectives of improving communications and ensuring that employees are consulted on significant changes.
Consultation will occur with individual employees, groups of employees or the total workforce, dependent upon the issues under discussion. Further, employees will be actively encouraged to contribute to these discussion to ensure there is genuine participation.
In addition, it is agreed the Solahart Consultative Group shall continue, comprised of a minimum of three (3) employees, the Manufacturing Manager and the Human Resources Manager, who shall meet as required, during the life of the Agreement to monitor and review business requirements.
The Single Barganing Unit, Manufacturing Manager and the Human Resourses manager and relevent department managers shall meet as required during the life of the agreement to monitor and review the implementation to ensure it delivers the benefits outlined and achieves the stated objectives.
14.JOINT COMMITMENT TO ONGOING VIABILITY
The parties are committed to improving the productive performance of the business through a co-operative partnership with the objectives being advancement of the business.
15.RIGHT OF ENTRY
In accordance with current practice, an accredited official or officer of the Union shall have the right to enter, during working hours, the employer's establishment for the purpose of conducting legitimate Union business. While on the site, such persons shall comply with all site safety requirements including registration of their presence on site, the same as for all other visitors.
16.RENEWAL OF AGREEMENT
The parties undertake to commence negotiations on a new agreement 2 months prior to the expiry of this Agreement.
17.AUSTRALIAN WORKPLACE AGREEMENTS
The company will not impose Australian Work Place Agreements on employees during the specified term of the agreement.
- EMPLOYEE MEETINGS
Consistent with the parties commitment to communication, employee involvement and consultation on issues outlined in Clause 14. The company will asses the need to pay for meetings on a case by- case bases.
20.iThe delegate or union official shall give the site manager at least 24 hours notice on each occasion a report back meeting is requested;
20.iiThe meeting shall be held at a mutually agreed time, usually to occur no earlier than 30 minutes before the scheduled meal break.
20.iiiThe Company shall pay all employees for management approved meetings at ordinary time rates to attend the meeting provided that any further meeting time shall be in the employees own time and
20.ivThat following the meeting all employees shall return to normal work.
19.ACCESS TO FACILITIES
Consistent with past practice and custom, site union delegates will continue to have reasonable access to the company's phone and facsimile facilities at site. In the event that there is a disagreement over access to the facilities the Disputes Resolution Procedure must be followed.
20.TRADE UNION TRAINING
Requests for delegates to attend official Trade Union Training, will be considered on a case by case bases. Paid training is based on required competencies for the business.
Current training procedures shall cover all employees training requests.
Any disputes over the application of this clause shall be dealt with through the dispute resolution procedure in clause 10.
21.FAIR TREATMENT
Both parties are committed to the management and implementation of the companies Equal Opportunity, Discrimination and Harassment policies. The purpose of this clause is to ensure that the company employees are not unfairly disadvantaged.
22.INCOME PROTECTION INSURANCE
Membership of the Rheem Superannuation Plan confers entitlements to salary continuance during periods of extended illness and or injury.
23.SAFETY AND PROTECTIVE EQUIPMENT
The company will provide employees with safety equipment, coveralls (or equivalent clothing), hearing protection, safety glasses and work gloves. Should further protective equipment be required such equipment shall be supplied to the employee. Protective equipment shall be replaced on a fair wear and tear basis only. Employees are required to wear protective equipment at all times whilst working.
24.CASUAL EMPLOYEES
The company shall review a casual employees position after a period of approximately 3 months with a view towards providing the employee with a full time position in the functions they were performing is available and the employee meets the required criteria and wishes to convert to a full time position.
25.CARERS LEAVE
An employee is entitled to use up to five (5) days of their accrued sick leave in each year to care for members of their immediate family who are sick and require care and support. This entitlement is subject to the employee being responsible for the care of the person concerned. In normal circumstances an employee is not entitled to take carers leave where another person has taken leave to care for that person.
In this clause, the term immediate family means:
26.iA spouse (including a former spouse, a defacto spouse and a former defacto spouse) of the employee. A defacto spouse means a person who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
26.iiA child or an adult child (including an adopted child, stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
When taking carers leave the employee must:
26.iiiAdvise of the intended absence at the earliest opportunity, with notification given prior to the commencement of the shift to be worked. Where this is not practical, notification must be given during the ordinary hours of the first day or shift of such absence.
26.ivThe notice must include;
*The name of the person requiring care and support and their relationship to the employee;
*The reasons for taking of the leave; and
*The estimated length of absence.
26.vThe employee must, if required by the employer, establish by production of a medical certificate the illness of the person concerned and that such illness requires care by another person.
An employee may take unpaid carers leave by agreement with the employer provided that any other leave and paid entitlements shall not accrue during the employees absence on unpaid leave.
- SUPERANNUATION
Employees can elect to make their own contributions by way of a salary sacrifice arrangement, subject to superannuation legislation.
- REDUNDANCY
The company remains committed to making every effort to avoid redundancies, however if redundancies were to happen, the notice provisions of the Award shall apply and the severance provisions in the Rheem Australia Policy will apply.
28.SIGNATORIES TO THE AGREEMENT
For and on behalf of
Solahart...... [signed]......
Bill Sneddon
Operations & HR Manager
Dated the 1st day of June 2004
For and on behalf of
Automotive, Food, Metals, Engineering,
Printing and Kindred Industries UnionD. Hicks [signed]......
Dated the 9 day of June 2004
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