2001 WAIRC 03424
Nannup Timber Processing Pty Ltd Enterprise Agreement 2001
No. AG 113 of 2001
1.TITLE
This Enterprise Agreement shall be referred to as the Nannup Timber Processing Pty Ltd Enterprise Agreement 2001.
2.ARRANGEMENT
1.Title
2.Arrangement
3.Scope and Parties to this Agreement
4.Relationship to Parent Award
5.Definitions
6.Aims and Objectives of the Agreement
- Wages
- Hours of Work
9.Agreed Productivity Improvements
9.1Flexibility of Working Arrangements
9.2Flexibility of Hours
9.3Non Smoking
9.4Grievance and Disputes Settlement Procedure
9.5Skills Development Training
9.6Bereavement Leave
9.7Shift Work Arrangements
9.8Shift Penalty
9.9Allowances
9.9.1Sawmills
9.9.2Tools and Equipment
9.9.3First Aid
9.9.4Leading Hands (per week)
9.9.5Saw Doctors
10.Uniforms
11.Safety Clothing and Equipment
12.Jury Leave
13.Leave
14.Productivity Bonus
15.Future Matters
16.Redundancy
17.Parental Leave
18.Rents for Houses
19.Term of Agreement
20.No Extra Claims Commitment
21.Not to be Used as a Precedent
22.Drug and Alcohol Policy
23.Public Holiday Falling on a Friday or RDO.
24Signatories to the Agreement
3.SCOPE AND PARTIES TO THIS AGREEMENT
3.1Subject to this clause, this Agreement will apply to and be binding on
Nannup Timber Processing Pty Ltd and its employees engaged in or in connection with the Company’s Operations in the South-West Land Division of Western Australia and whose employment is governed by the Timber Workers Award No. 36 of 1950, of which at the date of this Agreement there are approximately 45 employees.
3.2This Agreement will also be binding upon the Forest Products,
Furnishing and Allied Industries Industrial Union of Workers, WA (“the Union”).
4.RELATIONSHIP TO PARENT AWARD
4.1This Agreement will be used and interpreted wholly in connection with the Timber Workers Award No. 36 of 1950 (“the Award”).
4.2Where there is any inconsistency between this Agreement and the Award, this Agreement will prevail to the extent of any inconsistency.
5.DEFINITIONS
5.1Articulated Vehicle
“Articulated Vehicle” means a vehicle with three or more axles, comprising a power unit (called tractor, prime-mover etc) and semi-trailer which is superimposed on the power unit and coupled together by means of a kingpin revolving on a turn-table and is an articulated vehicle whether automatically detachable or permanently coupled.
5.2Assessor
“Assessor” means an employee who has completed and is qualified to an approved Workplace Assessor course conducted by an external training provider.
5.3BUC
“BUC” means Business Unit Committee.
5.4Doubled Articulated Vehicle
“Doubled Articulate Vehicle” means an articulated vehicle towing one or more trailers.
5.5Kiln Attendant
“Kiln Attendant” means an employee who attends and fires boilers and reads and records temperatures in the process of the kiln operation.
5.6Kiln Controller
“Kiln Controller means an employee who has had three years experience in kiln drying and who has successfully completed an appropriately recognised course of kiln drying of timber and who supervises and carries out the whole of the work involved in the kiln seasoning of timber including the preparation of dry schedules and re-calculation or moisture content.
5.7Kiln Operator
“Kiln Operator” means an employee who operates a drying kiln and is responsible for the temperature readings and records thereof.
5.8Main Docker
“Main Docker” means the docker at which most timber is docked in a mill where there are two or more dockers. It shall also include the docker in a mill where one docker only is used. In a sawmill where the breaking down bench feeds two dockers with approximately equal quantities of timber, the two dockers shall be rated as main dockers.
5.9Picker-Placer
“Picker Placer” means an employee who operates the mechanised stacking machinery.
5.10Responsible Person at Main Docker
“Responsible Person at Main Docker” means either the person in charge of the main docking saw or the person who keeps check of or tallies and grades timber cut at the saw.
5.11Saw Doctor
“Saw Doctor” means a tradesperson employed in hammering, grinding, re-tooling and tensioning of saws.
5.12Saw Filer
“Saw Filer” means an employee engaged in the gulleting, sharpening and setting of circular saws and handsaws and the swage shaping and sharpening of band saws.
5.13Setting Up Machine
“Setting Up Machine” means the fitting of machine heads or cutter blades to any machine engaged in the process of changing the profile or size of timber, resetting and adjusting the machine heads and checking the accuracy of the finished product by using gauges and measuring devices.
5.14Specialist Saw Doctor
“Specialist Saw Doctor” means an employee who may be required to manufacture from blank ribbon steel band saws of varying widths and who punches teeth, grinds teeth, swages and sets, hard tips teeth, tensions and levels circular saws, grinds, sharpens and sets circular saws, maintains chains saw chains, hand saws and who when required, is responsible for the training of other employees.
5.15Stacker
“Stacker” means and adult employee who pulls timber from a conveyor for block stacking who blocks stacks timber after removal from a conveyor: stacks timber for seasoning by stripping or other means: who handles timber with a cross section over 25,000 square mm with or without mechanical assistance.
5.16Tallyperson
“Tallyperson” is a worker, who by grading and/or measuring and/or calculating quantities, keeps an account of timber, and does not include one who merely measures lengths of timber or merely counts timber by pieces.
5.17Timber Grader
“Timber Grader” shall mean an adult employee who grades timber according to quality as per applicable grading rules.
6.AIMS AND OBJECTIVES OF THE AGREEMENT
6.1The Union will work with the Company to develop a viable, productive and enduring enterprise offering secure employment and worthwhile career opportunity for employees.
6.2The purpose of entering into this Agreement is to increase the productivity, efficiency and flexibility of the Company’s South West Operations to ensure the Company remains competitive within the timber industry.
6.3The Company is committed to workplace reform and consultation and it is expected that this will enhance the quality of working life for employees.
6.4The Company remains committed to ongoing training of personnel so employees have the required skills and were appropriate opportunities are provided for skills enhancement.
6.5Furthermore, the Company recognises the need to continuously improve occupational safety and health for all employees and is therefore committed to the development and implementation of safety and health initiatives including a Drug and Alcohol Policy. This Agreement provides for the participation of all employees in these initiatives in order that the South West Operations will become a safer working environment.
7WAGES
7.1Wages listed in the following Schedule of Rates will be effective from the 28th April, 2001 and the signing this Agreement. The wages listed below reflect a pro-rata amount from 38 to 40 hours per week.
SCHEDULE OF RATES
Level / From date of signing / From 1/7/01 / From 1/7/027 / 613.01 / 637.53 / 663.03
6 / 587.57 / 611.07 / 635.52
5 / 562.07 / 584.56 / 607.94
4 / 536.57 / 558.02 / 580.35
3 / 511.13 / 531.57 / 552.83
2 / 485.62 / 505.05 / 525.25
1 / 460.21 / 478.61 / 497.76
Transport
5 / 596.27 / 620.13 / 644.93
4 / 577.81 / 600.93 / 624.96
3 / 562.08 / 584.57 / 607.95
2 / 553.39 / 575.53 / 598.55
1 / 535.05 / 556.45 / 578.72
7.2The rate effective from the 28th April, 2001, and the signing of the E.B.A. by all relevant parties, will be increases by a maximum of 4% on the base rate on the 1st July, 2001.
This 4% increase will then be applied to the base rate on the completion of each subsequent financial year for the life of the agreement as shown in the above Schedule of Rates.
Note:No other outside influences such as C.P.I. or G.S.T. increases will affect or change this percentage wage increase.
7.3An employee moving to lower grade of work after the date of signing this Agreement will be entitled to seven days’ notice of transfer to a grade of work carrying a lower minimum rate of wage than that at which he/she is usually employed, and will be paid at the higher rate during the seven days comprising such notice.
7.4PAYMENT OF WAGES / PAY PERIODS
7.4.1Wages will be paid electronically on a fortnightly basis into your nominated bank account only. No cash wages will be paid.
7.4.2Pay periods will begin on a Thursday and finish at the close of business on the Wednesday fortnight.
7.4.3The transition from weekly to fortnightly paid wages may require assistance in the form of an advance of future wages. Employees receiving financial assistance will have their wages reduced by $50 per week from the first fortnightly pay until the amount of assistance provided is repaid. By agreement between the Company and individual employees, more than $50 per week may be re-paid. If the employee’s employment terminates the Company may deduct from the Employee’s final pay any monies not yet repaid. This loan if accepted will be on an interest free basis.
7.5Watchpersons
7.5.1All ordinary hours of work performed by Watchpersons on
Saturday will be paid at time and one quarter and all such hours on Sunday will be paid at time and one half.
7.5.2An employee other than a Watchperson who carries out
watching duties outside ordinary hours will be paid at the rate of twenty-five percent (25%) in addition to the ordinary rate of pay for a Watchperson.
7.6General
7.6.1An employee who has undertaken the appropriate training, and
who is accredited by the Company as competent to perform the tasks of a higher level than the employee’s current level, but who is not performing the tasks of that higher level, will be paid an additional allowance of $11.35 flat per week. This allowance will be paid during paid leave but will not be subject to overtime payment or to penalty additions.
7.6.2An employee who is required to perform the work of a higher
level on a temporary basis, will be paid at that higher level for the time so engaged provided it is a minimum of one complete shift.
7.6.3An employee undertaking on the job training at a level higher
than the employee’s present level will not be entitled to any adjustment in their rate of pay until such time as the employee is accredited by the Company as competent to perform the tasks of that higher level, and is carrying out those new tasks on a permanent basis.
7.6.4An employee who claims to be competent to perform the tasks
of the higher level in accordance with sub-clauses 7.6.1 or 7.6.3, contrary to the view of the Company, will have the matter determined in accordance with Clause 9.4 of this Agreement.
8.HOURS OF WORK
8.1Hours of work will be 80 hours per fortnight. The spread of hours over this period will be as mutually agreed between the Company, the affected Employees and the Union. Any such agreement must not adversely affect production requirements of the Company.
8.2The requirement for 80 hours per fortnight is to allow for the reduction of mill personnel transfering to the Dry Processing (Value adding) Centre and any required Training. The Company does not envisage these hours of work having to change. However in the event of possible over cutting due to recourse requirements or any unforseen changes, the Company reserves the right to reduce the hours of work to 76 hours per fortnight with the hourly rate of pay reducing on a pro-rata basis in line with the reduction of hours. One months notice will give in this event.
9.AGREED PRODUCTIVITY IMPROVEMENTS
9.1Flexibility of Working Arrangements
9.1.1Where appropriate to do so the parties agree that there will be
no formal ceasing of work for the second or subsequent rest periods in a normal shift, so as not to disrupt work flow.
9.1.2The Union and employees accept that all forms of
demarcation must be eliminated from the Company’s operations.
9.1.3The Company will provide notice and discuss within the BUC
if it intends to significantly change current labour hire arrangements regarding the use of labour hire companies.
9.2Flexibility of Hours
9.2.1The parties agree that a mutually acceptable agreement with
shared benefits in respect to flexible hours be explored during the life of this Agreement. The BUC’s may develop and negotiate flexible working hours at any location which suits the business needs.
9.2.2This Agreement can also include changes to hours of work and
penalty rates for a particular shift or business unit, however, any changes must be with the agreement of the majority of affected employees, the Company and the Union. The union will not unreasonably withhold consent if both the majority of affected employees and the Company agree.
9.2.3.Details of local agreements must be documented and
registered with the Western Australian Industrial Relations Commission and appended to this Agreement.
9.2.4The spread of ordinary hours will, unless agreed to the
contrary through the Enterprise Consultative Committee, be the same for full-time, part-time, or casual employees at the workplace or section thereof.
9.3Non Smoking
9.3.1The Company’s South West Operations is a “Non Smoking”
area apart from agreed designated areas.
9.3.2Where an employee so requests, the Company may organise
for an employee to attend a course designed to assist them in stopping smoking.
9.4Grievance and Dispute Settlement Procedure
9.4.1The principle of conciliation and direct negotiation will be
adopted for the purpose of prevention and settlement of all disputes, grievances or difficulties (“the matter”).
9.4.2The parties will take an early and active part in discussions
and negotiations aimed at preventing or settling matters in accordance with the agreed procedure set out hereunder.
9.4.3.All matters will be resolved in the following sequence.
9.4.3.1Discussions between the employee/s concerned (and/or their representative if requested) and their immediate supervisors.
9.4.3.2Discussions involving the employee/s concerned, the
employee representative and the employer representatives.
9.4.3.3Discussions involving union representatives and senior
management representatives.
9.4.3.4If the matter is still not settled it may be referred to the
relevant Industrial Relations Commission for resolution.
9.4.4At any stage of the above process either party may be represented by a
representative of their choice.
9.4.5Until the matter is resolved in accordance with the above procedure,
work will continue normally. While the above procedure is being followed no party will be prejudiced as to the final outcome by continuing to work in accordance with this clause.
9.4.6.All parties to this Agreement will take all possible action to settle any
matter within a reasonable time period. At least 3 days should be allowed for all stages of discussions to be finalised.
9.4.7This clause will not prevent any party to a matter from making an
application to the Western Australian Industrial Relations Commission provided the parties shall confer amongst themselves and make reasonable attempts to resolve the matter before taking it to the Commission.
9.5Skills Development and Training
9.5.1The parties to this Agreement are committed to the development of
a skilled workforce through improved job design or the introduction of new technology.
9.5.2Wherever possible and when location management considers it practical, vacant positions will be advertised in line with Company policy to allow current employees access to promotion.
9.5.3The parties agree that the outcome of training programmes will need to
satisfy as a minimum the appropriate National Competency Standards.
9.5.4Where possible all training undertaken as a result of this clause will be during ordinary working hours. By consent between the parties and the BUC’s, training may be conducted outside ordinary working hours. Such time will be paid at the ordinary time rate or the equivalent time off in lieu will be granted at an agreed time between the parties.
9.5.5Any direct costs incurred by the employee as a result of undertaking company approved training will be met by the Company.
9.5.6Employees may be required to under take general training as required by the company. It is recognised that specialised task training may be required on occasions. To this end the BUC’s will list such specialised training needs. Specialised training needs should then be conducted by persons with appropriate experience who have successfully undertaken training to the level of a Train the Trainer course. Employees who are appointed “nominated trainers” meeting the above criteria will be recognised as such and paid an additional $11.35 flat per week whether or not they conduct training. This payment will be paid in the same manner as the allowance prescribed by sub-clause 7.6.1.
9.5.7BUC’s will have an input into those employees recommended as
Assessors.
9.6Bereavement Leave
9.6.1An employee will be entitled to bereavement leave for a death in the
employee’s immediate family or immediate household.
9.6.2In this clause:
(a)“Immediate family” means wife, husband, defacto spouse or partner (including same sex partners), father, mother, sister, brother, father-in-law, mother-in-law, child, stepchildren, step-brother, stepsister, stepfather, stepmother, grand parents, brother, sister or grand children.
(b)“Immediate household” means any person living with the employee on a permanent basis as a member of the employee’s household at the time of the death.
9.6.3Bereavement leave will be without deduction of pay for a period of up to a maximum of two shifts off work. Any extension to this will be at the Company’s discretion. Proof of such circumstances will be required to the satisfaction of the Company.
9.7Shiftwork Arrangements
For shifts starting on a normal day and finishing on a public holiday or vice
versa the following is agreed: Where the majority of time of the shift falls on either the normal or the public holiday then the full shift will be paid at the rate applicable to the majority of the time worked. For a split shift, i.e. 4 hours normal and 4 hours overtime, the rate of pay will be at full penalty rates.
9.8Shift Penalty
Where plants are operated on a non-continuous shift basis, an employee working afternoon or night shift will be paid an additional $1.90 per hour for the normal hours of work on the Monday to Friday shifts. This will be paid in lieu of any applicable award shift penalty allowance.
9.9Allowances
9.9.1Sawmills
Employees engaged in or in the immediate vicinity of sawmills, including Log Truck Drivers, will receive an allowance of 27 cents per hour for each hour worked.
9.9.2Tools and Equipment
The Company will provide employees with all special tools and equipment necessary for the performance of all duties. Where a tradesperson or apprentice tradesperson is not provided with the tools ordinarily required by that employee to carry out the duties of his/her trade, the employee will be paid a tool allowance of:
(a)$10.30 per week if they are a tradesperson: and
(b)a percentage of $10.30 in accordance with the percentage of
the tradesperson’s rate an apprentice is paid, if they are an apprentice tradesperson.
The allowance will be paid as an all purpose allowance.