14
Bulong Nickel Project Construction Agreement 1997-1998 (AFMEPKIU/CEPU)
No. AG 53 of 1998
ARRANGEMENT
SECTION ONE - INTRODUCTION
1.1 TITLE
1.2 OBJECTIVES
SECTION TWO - ADMINISTRATION OF THE AGREEMENT
2.1 AREA and SCOPE
2.2 PARTIES
2.3 GENERAL CONDITIONS OF EMPLOYMENT
2.4 TERMS and DATE OF OPERATION
2.5 NO EXTRA CLAIMS
SECTION THREE - PROJECT PROCEDURES
3.1 RESOLUTION OF DISPUTES PROCEDURE
3.2 WORKFORCE MEETINGS
SECTION FOUR - WAGE RATES AND EMPLOYMENT CONDITIONS
4.1 SITE ALLOWANCE
4.2 SPECIAL PRODUCTIVITY INCENTIVE PAYMENT
4.3 REST and RECREATION LEAVE
4.4 JOURNEY COVER INSURANCE
4.5 TRAVEL ALLOWANCE
4.6 SAFETY FOOTWEAR and CLOTHING
4.7 SHIFT WORK
4.8 WAGE RATES
SCHEDULE ONE - EMPLOYER PARTIES
SCHEDULE TWO - SIGNATORIES TO THE AGREEMENT
SECTION ONE - INTRODUCTION
1.1 TITLE
This agreement shall be known as the Bulong Nickel Project Construction Agreement 1997-1998 (AFMEPKIU/CEPU).
1.2 OBJECTIVES
This agreement is designed to enable the employers, their employees and their union(s) to co-operate with the objective of ensuring a safe, successful and timely completion of work on the project.
All parties are committed to create and maintain a co-operative and productive relationship between management and employees.
Consistent with this agreement's objectives, the parties to this agreement are committed to exhausting to finality the procedures outlined in this agreement to resolve issues, difficulties and questions.
The rates and conditions provided for in this agreement are provided on the basis of a continued commitment from all parties to the provisions of this agreement.
SECTION TWO - ADMINISTRATION OF THE AGREEMENT
2.1 AREA AND SCOPE.1 AREA AND SCOPE
This agreement shall apply to the employers listed in Schedule 'A' of this agreement with respect to employees engaged full-time on-site on the Bulong Nickel Construction Project and employed in accordance with the terms and conditions of the following awards:
w Metal Trades (General) Award 1966 – Part II No. 13 of 1965
w Electrical Contracting Industry Award R22 of 1978
At the date of signing this agreement covered approximately 200 employees.
2.2 PARTIES
The parties to this agreement are the employers listed in Schedule 'A' of this agreement and the following unions:
w Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Australia, Western Australian Branch
w Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia, Western Australian Branch
2.3 GENERAL CONDITIONS OF EMPLOYMENT
Except as provided in this agreement, the terms and conditions of employment 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.
2.4 TERMS AND DATE OF OPERATION
This agreement shall apply from the date of signing, provided however, that unless otherwise provided in the terms of this agreement, the provisions shall be operative on and from 6October1997, for employees engaged on the project on 1 February 1998.
This agreement shall remain in force until completion of commissioning of the plant.
2.5 NO EXTRA CLAIMS
A condition of this agreement is that the unions and their members party to this agreement will make no further claims on the project with respect to rates of pay, terms and conditions of employment during the life of this agreement. Further rates set out in this Agreement will absorb adjustments arising from the State Wage Case Decision.
The package of rates and conditions contained in this agreement are recognised by the parties as covering all circumstances and disabilities of construction work covered by this agreement from commencement through all phases to completion of commissioning of the plant.
The following matters are the only exceptions to the provisions of this no extra claims clause and a liberty to apply to the Industrial Relations Commission is reserved in respect to these matters –
2.5.1 Specialised coded welding allowances should this type of specialised coded welding arise on the project.
2.5.2 Whilst the disabilities associated with confined space are covered by the payment of the site allowance, in relation to employees undertaking rubber lining work in tanks, a liberty to apply to the Industrial Relations Commission with respect to the level of disability allowance is allowed, provided that the conditions arising are extreme and are in excess of those identified in the confined space clause in the Metal Trades Award.
SECTION THREE - PROJECT PROCEDURES
3.1 RESOLUTION OF DISPUTES PROCEDURE
The parties to this agreement undertake to eliminate industrial disputation by strict adherence to the following procedure:
3.1.1 Where a question, dispute or difficulty arises, the employee concerned and/or their Shop Steward shall initially discuss the matter with their immediate supervisor.
3.1.2 If the question, dispute or difficulty is still unresolved by the discussion referred to in subclause (3.1.1) hereof, the employee together with and/or their Shop Steward and their supervisor shall discuss and attempt to resolve the dispute with the Contractor's Site Manager.
3.1.3 Where the foregoing discussions fail to resolve the matter of concern, it shall be referred to a Senior Management representative of the contractor and the relevant union organiser, at which stage the parties shall then initiate steps to resolve the grievance as soon as possible.
3.1.4 While the steps in subclause (3.1.1), (3.1.2) and (3.1.3) hereof are being followed, industrial action shall not be taken.
3.1.5 If the question, dispute or difficulty remains unresolved, either party may refer the matter to the Western Australian Industrial Relations Commission (the Commission), provided that any party reserves the right to refer an issue to the Commission at any time.
Provided further that persons involved in the question dispute or difficulty confer among themselves and make reasonable attempts to resolve questions disputes or difficulties before taking those matters to the Commission.
3.1.6 The parties shall give each other the earliest possible advice of any problem, which may give rise to a grievance or dispute.
3.1.7 At all stages of this process, the emphasis shall be on a negotiated settlement at the project work site level.
3.2 WORKFORCE MEETINGS
Where practicable 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 ie. Prior to commencement of work, shift breaks, lunch time or smoko, etc.
SECTION FOUR - WAGE RATES AND EMPLOYMENT CONDITIONS
4.1 SITE ALLOWANCE
A site allowance of $3.20 per each hour worked shall be paid in recognition of all disabilities associated in carrying out construction and commissioning work on the project and such payment shall be in lieu of all prescribed disability allowances which otherwise may have applied.
4.2 SPECIAL PRODUCTIVITY INCENTIVE PAYMENT
In recognition of the emphasis in this agreement on effective dispute resolution procedures, each employee shall accrue a flat payment of $75.00 per completed week of service as a special productivity incentive payment.
This payment shall not accrue in any week in which the employee is involved in, or engages in, or is prevented from working by, any form of industrial action, bans or limitations.
The accrual of the payment shall not be affected where the employee attends a meeting authorised in advance by the contractors management.
This payment shall accrue and be paid out on termination of the employee's employment with the employer or at the conclusion of the employee's work on the project.
4.3 REST AND RECREATION LEAVE
As from 1 February 1998, employees shall be entitled to rest and recreation leave after a period of seven (7) weeks service on-site. This shall be in lieu of the service requirements prescribed in the relevant award
Whilst as provided by the relevant award, this entitlement shall be taken as soon as reasonably practicable, however, in special circumstances and by agreement with the employee and the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employees accrual entitlements.
4.4 JOURNEY COVER INSURANCE
As a term of this agreement, employees pursuant to this agreement shall be provided with journey cover insurance at no cost to themselves, if such insurance is not already in place with respect to the particular employee.
4.5 TRAVEL ALLOWANCE
An employee not otherwise entitled to paid travel time in accordance with the relevant award, shall be paid in accordance with the following.
If the employee lives more than eight hundred (800) metres from the job, the employee shall be provided with suitable transport to and from the job or be paid an allowance of $10.20 per day, provided that where the time actually spent in travelling either to or from the job exceeds twenty (20) minutes that excess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.
Such travel time with respect to persons travelling to and from Kalgoorlie will be one (1) hour's ordinary pay per day.
4.6 SAFETY FOOTWEAR AND CLOTHING
Employees engaged on-site as at the 1 February 1998, or as provided herein, shall be entitled to the following after two (2) weeks employment on the project either before or after this date:
w Provision of one (1) bluey jacket to an employee after two (2) weeks service on the project where such service occurs between 1 May and 1 October 1998.
w Provision of two (2) sets of clothing.
w Provision of one (1) pair of safety boots to be replaced on a fair wear and tear basis. Footwear to be supplied as soon as reasonably practicable after commencement but not later than two (2) weeks.
In the case where an employee is transferred to the project and an issue of protective clothing and/or safety footwear has been previously made to the said employee, they will not be entitled to an issue on this project other than on a fair wear and tear basis provided the worn items are sighted by the employer as evidence.
4.7 SHIFT WORK
The employees covered by this Agreement will work shift work as required by their employer and the union(s) party to this Agreement will not place any bans, limitations or restrictions on the undertaking of such work.
When engaged on shift work, a flat loading of 25% of the ordinary rate shall apply for each hour worked beyond the ordinary hours on a night shift.
4.8 WAGE RATES
METAL TRADES (GENERAL) AWARD - PART II CONSTRUCTION
METAL WORKER CLASSIFICATION / WEEKLYRATE
as from
6 OCT 1997
$ / WEEKLY
RATE
as from
1 FEB 1998
$ / WEEKLY
RATE
as from
1 JULY 1998
$
Instrument & Controls Tradesman / 722.23 / 743.90 / 766.22
Instrument Tradesman
Complex Systems / 661.37 / 681.22 / 701.65
Instrument Tradesman / 647.14 / 666.55 / 686.55
Scientific Instrument Maker / 647.14 / 666.55 / 686.55
Welder - Special Class / 636.17 / 655.26 / 674.92
Welder / 625.46 / 644.23 / 663.55
Electrician - Special Class / 661.37 / 681.22 / 701.65
Electrician Fitter / 625.46 / 644.23 / 663.55
Electrical Installer / 625.46 / 644.23 / 663.55
Boilermaker / 625.46 / 644.23 / 663.55
Tradesman the greater part of whose time is occupied in marking off and/or template marking / 630.76 / 649.68 / 669.17
Mechanical Tradesman - Special Class / 661.37 / 681.22 / 701.65
Tradesman / 625.46 / 644.23 / 663.55
Pipefitter / 625.46 / 644.23 / 663.55
Fitter - Refrigeration / 625.46 / 644.23 / 663.55
Fitter - Window Frame / 625.46 / 644.23 / 663.55
Motor Mechanic / 625.46 / 644.23 / 663.55
Machinist - Engineering
- First Class
- Second Class / 625.46
563.72 / 644.23
580.64 / 663.55
598.05
Certificated Rigger or Scaffolder / 589.68 / 607.37 / 625.59
Rigger or Scaffolder - Other / 574.31 / 591.54 / 609.28
Tool & Material Storeman / 557.05 / 573.76 / 590.97
Tradesman's Assistant / 539.15 / 555.33 / 571.99
Tradesman's Assistant - Who from time to time use a Grinding Machine / 542.93 / 559.22 / 576.00
Lagger
- 1st 6 mths experience
- 2nd & 3rd 6 mths experience
- 4th & 5th 6 mths experience
Thereafter / 538.02
542.43
547.97
551.12 / 554.16
558.70
564.41
567.66 / 570.78
575.46
581.35
584.69
Grinder using Portable machine / 548.10 / 564.54 / 581.48
Crane Attendant & Dogman / 574.31 / 591.54 / 609.28
Labourer / 512.95 / 528.33 / 544.18
NOTE: These rates are inclusive of base rates, supplementary payments, SNA and construction allowance but DO NOT include tool allowance, if applicable.
ELECTRICAL CONTRACTING INDUSTRY AWARD
CLASSIFICATION / WEEKLYRATE
as from
6 OCT 1997
$ / WEEKLY
RATE
as from
1 FEB 1998
$ / WEEKLY
RATE
as from
1 JULY 1998
$
LEVEL 1
Electronics Tradesman / 750.08 / 772.58 / 795.76
LEVEL 2
Electrician - Special Class / 676.49 / 696.79 / 717.69
Instrument Fitter/Electrical Grade 2 / 686.20 / 706.78 / 727.98
LEVEL 3
Electrical Installer / 646.00 / 665.38 / 685.34
Electrical Fitter / 646.00 / 665.38 / 685.34
Instrument Fitter/Electrical Grade 1 / 668.18 / 688.22 / 708.87
Linesman Grade 1
(ie. with not less than 3 years experience as a Linesman) / 646.00 / 665.38 / 685.34
Cable Joiner / 646.00 / 665.38 / 685.34
LEVEL 4
Linesman Grade 2
(ie. with not less than 3 years experience as a Linesman) / 623.32 / 642.02 / 661.28
LEVEL 5
Electrical Assistant / 554.53 / 571.16 / 588.30
NOTE: These rates are inclusive of base rates, SNA and construction allowance but do not include tool allowance, license allowance, grievance procedure and special allowance if applicable
SCHEDULE ONE - EMPLOYER PARTIES
EMPLOYERS
RALPH M LEE (WA) PTY LTD A.C.N. 000 983 700
STORK ICM AUSTRALIA PTY LTD A.C.N. 004 448 042
MONADELPHOUS ENGINEERING ASSOCIATES
PTY LTD A.C.N. 008 861 836
P.I.H.A. A.C.N. 061 356 812
BELTRECO LTD A.C.N. 008 836 422
SCHEDULE TWO - SIGNATORIES TO THE AGREEMENT