1
Co-Generation Power Station
Project Agreement 1995
No. AG 86 OF 1996
1. - TITLE
This Agreement shall be known as the Co-Generation Power Station Project Agreement 1995.
2. - ARRANGEMENT
1.Title
2.Arrangement
3.Area and Scope
4.General Conditions of Employment
5.Aims and Objectives
6.Non Precedent
7.Boots and Boot Allowance
8.Site Allowance
9.Coded Welding Allowance
10.Hours
11.Improvement Measures
12.Communications
13.Project Entry Requirements
14.Workforce Meetings
15.Flexibility of Labour Hire
16.Demarcation
17.Efficiency Payment
18.Superannuation
19.Resolution of Disputes
20.Safety
21.Safety Grievance Procedure
22.Hygiene
23.Equal Employment Opportunity
24.Wage Rates
25.No Extra Claims
26.Term
27.Signatories to Agreement
3. - AREA AND SCOPE
This Agreement shall apply to those companies named as signatories to this Agreement and to their employees who are employed on the Co-Generation Power Station Project at Kwinana and bound by the following Awards and to the Unions listed hereunder -
Awards
Electrical Contracting Industry Award R 22 of 1978
Union
Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers' Union of Australia, Engineering and Electrical Division - WA Branch
4. - GENERAL CONDITIONS OF EMPLOYMENT
Except as provided in this Agreement, the terms and conditions of each employee covered by this Agreement shall be as prescribed in the Award by which the employee would be bound if not for this Agreement and where the provisions of such Award are inconsistent with the provisions of this Agreement, the provisions of this Agreement shall prevail.
5. - AIMS AND OBJECTIVES
This Agreement will facilitate a co-operative approach to employment relationships with the objective of achieving a productive and efficient working environment on the project.
Further, the parties are jointly committed to ensuring a successful and timely completion of the project.
6. - NON PRECEDENT
This Agreement shall not be used in any manner whatsoever to obtain similar arrangements or benefits in any other project, plant or enterprise.
7. - BOOTS AND BOOT ALLOWANCE
(1)Each employee on commencing employment with the named signatories to the Agreement shall be provided with one pair of safety boots free of charge.
(2)Subclause (1) of this clause shall not apply if the employer has previously issued safety footwear to a current employee and such footwear is in good condition.
(3)Employees shall also be paid a safety footwear maintenance allowance of $0.06 per hour for each hour worked, except where such an allowance is prescribed by their relevant Award.
8. - SITE ALLOWANCE
A site allowance of $2.25 per hour for each hour worked shall be paid in recognition of the disabilities associated in carrying out construction work on the site and such payment shall be in lieu of all prescribed disability allowances in the named Awards.
9. - CODED WELDING ALLOWANCE
A special class welder who is qualified to and working to at least ASME-IX or AS-1210 standard and engaged in welding duties requiring x-ray quality shall be paid $30.00 per week.
10. - HOURS
Notwithstanding the provisions of the relevant award(s), starting times may be altered by agreement between the employer and employees concerned to facilitate a more productive working day, provided they are within the spread of hours 6.00am to 6.00pm.
11. - IMPROVEMENT MEASURES
In order to achieve the main aims of improved productivity, efficiency and flexibility, the following measures will be implemented.
(1)Occupational Health and Safety - Improved safety procedures and the monitoring of methods will reduce durations of time lost through injury. With the co-operation of all concerned and a determined commitment from management gains will be made in this area.
(2)Electronic Fund Transfer - Payment of wages will be by Electronic Fund Transfer into bank accounts nominated by employees.
(3)Flexibility - In the interests of developing a more highly skilled and flexible project workforce and removing restrictive demarcation barriers from the workplace, employees shall:-
(a)Carry out all directions and duties that are within the scope of their skill and training, whilst ensuring the safety and quality requirements of the project are maintained.
(b)Acknowledge the importance of complying with and observing all safety rules and regulations set down for the project, particularly in a construction environment.
(c)Subject to appropriate training, properly use all protective clothing and equipment provided by the employer for specified circumstances.
(d)Comply with the disputes avoidance procedure as set out in this Agreement.
(e)Recognise the right of the employer to have an appropriate number and mix of classification skills during any hours of work.
(4)Sick Leave - On lawful termination of employment under this Agreement an employee with sick leave accrued for their duration on the project under the terms of the relevant Award, which has not been taken, shall be paid the amount of outstanding sick leave hours at his ordinary rate of pay as prescribed by this Agreement.
The provisions of this clause do not apply to casual employees.
(5)Self-supervision - In keeping with the overall aims and objectives of this Agreement, and as a reflection of the company's faith in the ability and dedication of its employees, it is a further aim of this Agreement to promote the concept of self-supervision within its workforce on the project.
Employees are to be encouraged to use their initiative and self-discipline to ensure that their work is completed with as little supervision as possible. Employees shall also be encouraged to contribute ideas for productivity and efficiency enhancements.
Employees should at all times share with management a sense of responsibility for safety and quality of work at the workplace. A culture of dual commitment and responsibility is essential for the success of this project and for optimal job satisfaction and personal development.
(6)Rostered Days Off (RDO's) - Working hours will be arranged on a system which provides for an employee to accrue one rostered day off (RDO) over a four calender week work cycle. A schedule of RDO's shall be established for the project.
Any scheduled RDO's may be substituted for alternative days by agreement between the employer and employee without penalty to the employer provided the alternative RDO is given within an agreed time frame.
12. - COMMUNICATIONS
The parties agree to take steps to improve and enhance communication between employees and management/supervisors through:
Tool Box Talks
Noticeboards
Newsletters/Bulletins
13. - PROJECT ENTRY REQUIREMENTS
(1)To reinforce a safe site policy, access to the project will be restricted.
(2)Any official of a union party to this Agreement shall where practicable give site management appropriate notice of their intention to visit the project. On arrival at the project work site the visiting official(s) shall first call at the site office and introduce themselves to site management prior to pursuing any bona fide union duties on site.
(3)Union official(s) shall produce their union accreditation in accordance with the relevant award and observe the safety provisions for entry to the site.
14. - WORKFORCE MEETINGS
Where possible, twenty-four (24) hours’ notice of union workforce meetings shall be given to the employer by the relevant full-time union official. Where such meetings are convened to discuss union matters or other issues they shall occur at the most convenient time for programming of work, i.e. prior to commencement of work, shift breaks, lunch time or smoko, etc.
15. - FLEXIBILITY OF LABOUR HIRE
(1)Whilst it is the contractors normal practice to employ labour directly, the company requires due to the peaks and troughs nature of the work, that its site/project works are allowed flexibility in the employment of labour.
(2)It is agreed that Labour Hire contractors may be employed as required to meet the cyclic nature of the work being performed or when particular skills are in short supply.
(3)For the purpose of this Agreement, labour hire personnel are defined as employees of a company that provides supplementary labour to the respondents for the purpose of complementing the permanent workforce during periods of peak requirements, or for carrying out a specific task for a respondent on a "labour supply" only basis.
(4)All supplementary labour hire will be paid in accordance with this Agreement for their duration on the project.
16. - DEMARCATION
If a dispute arises between unions over coverage of work, work shall continue on the pre-dispute basis while the issues are being resolved. There shall be no disruption to work in any form and if the issues in dispute cannot be resolved by discussion, the matters should be referred to the relevant Industrial Relations Commission for determination.
17. - EFFICIENCY PAYMENT
In keeping with the aims, objectives and intent of this Agreement the parties are committed to following the various provisions contained herein.
Where an employee has complied with the provisions outlined in this Agreement and is ready, willing and available to work as required in any week in accordance with the relevant award provisions, an employee shall accrue an Efficiency Payment of $75.00 per complete week of service on the project.
For the purposes of calculating pro-rata entitlements when required upon commencement or termination from the project, an employee on-site for less than one week shall accrue the payment only for those days which the employee worked on-site within that week, calculated at the rate of $15.00 per day Monday to Friday.
The Efficiency Payment shall accrue weekly and by agreement between the employee and his/her employer be paid either weekly or on termination from the project.
18. - SUPERANNUATION
The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.
The Respondents to this Agreement undertake to make contributions to an appropriate superannuation fund which meets the approved standards at the prevailing rate for the engineering construction industry.
Compliance, Nomination and Transition
Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -
(a)Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -
(i)the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and
(ii)under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;
(b)The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;
(c)The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;
(d)A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;
(e)The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;
(f)The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;
Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -
(g)if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;
or
(h)if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.
19. - RESOLUTION OF DISPUTES
(1)(a)Where a grievance arises, the employee concerned or his/her Shop Steward shall initially discuss the matter with their immediate Supervisor.
(b)If the grievance is still unresolved by the discussion referred to in subclause (a) hereof, the employee together with his/her Shop Steward and their Supervisor shall discuss and attempt to resolve the dispute with the Project Manager.
(c)Where the foregoing discussions fail to resolve the matter of concern, it shall be referred to a Senior Management representative and the relevant Union organiser, at which stage the parties shall then initiate steps to resolve the grievance as soon as possible.
(d)While the steps in paragraphs (a), (b) and (c) hereof are being followed, industrial action shall not be taken.
(e)If the grievance remains unresolved, either party may refer the matter to the Western Australian Industrial Relations Commission, provided that any party reserves the right to refer an issue to the Commission at any time.
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.
(f)The parties will give each other the earliest possible advice of any problem which may give rise to a grievance or dispute.
(g)The employer will ensure that all practices applied during the operation of the procedure are in accordance with safe working principles and consistent with established project custom and practices.
(h)At all stages of this process, the emphasis shall be on a negotiated settlement at the project level.
(2)The provisions of this clause shall apply in connection with questions, disputes or difficulties arising under the award, order or industrial agreement.
20. - SAFETY
All safety rules prescribed from time to time and applicable to the Project shall be adhered to at all times by all employees.
Where safety glasses and/or helmets are required, they will be provided by the employer and must be worn on the job at all times in areas nominated by the employer. Failure to wear safety equipment and suitable footwear may lead to disciplinary action.
21. - SAFETY GRIEVANCE PROCEDURE
It is the intention of this procedure to resolve safety issues whilst wherever possible maintaining productive work. It is emphasised that at all times employees must accept responsibility for their own work.
(1)An employee shall first raise an issue relating to occupational health, safety and welfare with his/her Foreman, Supervisor or Safety Representative. Where an employee encounters what he/she believes to be a safety hazard, the employee shall immediately advise the Foreman, Supervisor or Safety Representative and that work shall not be carried out until such time as the matter is resolved, provided the work may continue on conditions agreed between the parties. The aim should be to resolve the matter as soon as possible.
(2)Should the safety issue remain unresolved, the Safety Advisor and the Safety Representative concerned shall meet and inspect the work with a view to resolving the issue.
(3)Should the safety issue remain unresolved the parties prescribed in subclause (2) shall meet with the Project Manager.
(4)Where the matter is still not resolved a special meeting of the project safety committee shall be convened. The committee shall ensure that it is joined by all persons necessary for the purpose of the resolution of that issue.
(5)If the issue is still not resolved, a DOHSWA inspector should be advised of the problem and that inspector may be requested by any of the parties to advise on the application and interpretation within the area of concern.
(6)All parties will endeavour to maintain continuous productive work for all employees.
Nothing herein diminishes an employee's right to refuse to work in an area where he/she has reasonable grounds to believe that to continue to work would expose him/her or any other person to a risk of imminent and serious injury or imminent and serious harm to his/her health.
Employees who have removed themselves, or who are removed by the employer from their immediate area for reasons associated with the safety issue shall be allowed alternative work in another area by their employer, if available.
22. - HYGIENE
Crib rooms, messing facilities, showers and toilets are supplied for the employees use and are to be used for the appropriate purpose.
The displaying of posters, photographs, cartoons etc which may cause offence to other workers or visitors to site including the defacing of site facilities is prohibited.
Satisfactory standards of hygiene are required at all times.
23. - EQUAL EMPLOYMENT OPPORTUNITY
The Company has developed an equal employment opportunity program which seeks to identify and eliminate discrimination, victimisation and sexual harassment practices that may exist in the workplace.
In line with this programme the company will not condone any form of harassment, discrimination or victimisation, or any such conduct that has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment due to intimidation, innuendo or a display in the workplace of sexually suggestive pictures, sexually explicit or offensive jokes/graffiti or physical assault.
Any harassment, discrimination or victimisation will be considered to be a serious violation of company policy and will be dealt with accordingly by corrective counselling and may result in termination.
Any employee who feels that they are a victim of harassment, discrimination or victimisation by any supervision, management official, or other employee, Client, or any other person in connection with their employment should bring the matter to the immediate attention of the supervisor or a senior company officer.
24. - WAGE RATES
In accordance with the successful operation of this Enterprise Agreement and a continued commitment from all parties, wage increases as set out herein shall be payable from the beginning of the first pay periods, to commence on or after the dates specified in the schedule.
These wage increases are dependent on an ongoing commitment to and implementation of, the efficiencies detailed herein. Any additional/supplementary Safety Net Adjustment(s) arising from a decision of the Western Australian Industrial Commission that may apply during the currency of this Agreement is deemed to be absorbed within the wage rates specified herein.