2001 WAIRC 04225
BENTLEY CRANE HIRE / BLPPU & CMETU COLLECTIVE AGREEMENT 2001
No. AG 209 of 2001
SCHEDULE
1. TITLE
This agreement shall be known as the Bentley Crane Hire / BLPPU & CMETU Collective Agreement 2001.
2. ARRANGEMENT
/ CLAUSE NO.Title
/ 1Arrangement
/ 2Parties and Persons Bound
/ 3Application
/ 4Relationship to Parent Award
/ 5Period of Operation
/ 6Classification Structures & Rates of Pay
/ 7Industry Standards
/ 8Sick Leave
/ 9Negotiation of a Subsequent Agreement
/ 10Application of Project Agreements
/ 11Seniority
/ 12Dispute Settlement Procedure
/ 13Safety Dispute Resolution
/ 14Training and Related Matters
/ 15Drug & Alcohol, Safety & Rehabilitation Program
/ 16Income Protection and Accident Pay
/ 17Excess Travel and Travel Time
/ 18License Requirements
/ 19Skills Utilised
/ 20Overtime
/ 21Shift Work
/ 22Driving Offences
/ 23Signatories
/ 24Appendix A – Drug and Alcohol, Safety and Rehabilitiation Program
Appendix B – Site Allowance
3. PARTIES AND PERSONS BOUND
This agreement shall be binding on Andrade Holdings Pty Ltd t/a Bentley Crane Hire (hereinafter referred to as “the company”), and the Western Australian Builders Labourers, Painters and Plasterers Union of Workers and the Construction Mining Energy Timberyards Sawmills and Woodworkers Union of Australia (WA) (hereinafter referred to as “the unions”) and all employees of the company eligible to be members of the unions.
4. APPLICATION
This agreement shall apply to all employees of the company engaged on work in or in connection with construction, alteration, maintenance, repair or demolition of buildings or other structures of any kind whatsoever.
This agreement shall apply in Western Australia only. There are approximately 5 employees covered by this agreement.
5. RELATIONSHIP TO PARENT AWARD
1. This agreement is supplementary to, and shall be read and interpreted wholly in conjunction with, the Mobile Crane Hiring Award 1996 (hereinafter referred to as “the award”).
2. The terms and conditions of the award as at 30th December 1996 are expressly preserved by this agreement as if the same was set out in full herein and shall be binding upon the parties during the currency of the agreement by operation of this agreement if not otherwise. Where this agreement is silent, the terms of the award, as at 30th December 1996 shall apply, unless contrary to law. Provided that increases in allowances and improvements in conditions to the benefit of employees, introduced after 30th December 1996 by variation to the award, shall also apply.
3. In the event of any inconsistency between the award and an express provision of this agreement, the terms of this agreement shall prevail to the extent of such inconsistency, unless the express provision of the agreement provides otherwise.
6. PERIOD OF OPERATION
This agreement shall come into force from the first pay period commencing on or after the date of signing and shall remain in force until 1st July 2003.
7. CLASSIFICATION STRUCTURE & RATES OF PAY
1. All employees working under this agreement shall be paid according to the wage rates set out below.
2. Wage Rates (per hour at ordinary time)
Date of Signing / 1st July2002 / 1st July
2003
Hourly Rate
$ / Hourly Rate
$ / Hourly Rate
$
Crane Driver
8 – 15 Tonnes / 18.06 / 18.96 / 19.91
Crane Driver
15 – 40 Tonnes / 18.80 / 19.74 / 20.73
Crane Driver
40 – 80 Tonnes / 19.21 / 20.17 / 21.18
3. All expense related allowances not specifically mentioned in this agreement will be paid as per the award as varied from time to time.
4. An additional payment will be made to compensate for the impact of the Goods and Services Tax on the Consumer Price Index. In the circumstance that the CPI limit below is exceeded the appropriate additional payment will be made to the wage rates. The CPI figure for the applicable dates will be the official figure released by the ABS for the preceding year.
5. Site allowances relating to particular sites shall be paid in accordance with Appendix B of this Agreement.
Date / CPI Limit / Additional PaymentJune 2001 / 5% / 1% (paid 1/9/2001)
June 2001 / 6% / 2% (paid 1/9/2001)
June 2002 / 5% / 1% (paid 1/9/2002)
June 2002 / 6% / 2% (paid 1/9/2002)
8. INDUSTRY STANDARDS
Superannuation
(i) The Company will make a payment of the relevant percentage rate that is prescribed under the Superannuation Guarantee Act.
The Company will advise all employees subject to the Agreement of their right to have payments made to a complying superannuation fund of their choice. The Company is bound by the employee’s election. The aforementioned payment will then be made to that fund.
Until each employee nominates the fund of their choice the Company will make payments into the Construction + Building Unions Superannuation Scheme (the “C+BUSS”).
In the event that any employee chooses a fund other than the C+BUSS the Company will, within seven days of the employee advising the Company of the fund of their choice, advise the Unions in writing of the employee’s decision.
In the event that the employee and the Company reach an agreement pursuant to section 49C(2)(d) of the Act to change the complying superannuation fund or scheme the Company will, within seven days of the employee and the Company reaching such an agreement, advise the Unions in writing of the agreement. The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by the employee.
(ii) “Ordinary Time Earnings” (which for the purposes of the Superannuation Guarantee (Administration) Act 1992 will operate to provide a notional earnings base) shall mean the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, trade allowances, shift loading, special rates, qualification allowances (eg. first aid, laser safety officer), multi-storey allowance, site allowance, asbestos eradication allowance, leading hand allowances, in charge of plant allowance and supervisory allowances where applicable. The term includes any regular over-award pay as well as casual rates received and any additional rates and allowances paid for work undertaken during ordinary hours of work, including fares and travel.
9. SICK LEAVE
For sick leave accrued after the date of signing this agreement the following will apply:
(a) The Company’s employees shall have the option of converting 50% of accrued sick leave entitlement to a cash payment on the last pay day before Christmas each year.
(b) If an employee who has been terminated by the Company without exercising the above option is re-engaged within a period of six months, the unpaid balance of sick leave shall continue from the date of re-engagement.
(c) Where the Company has signed a previous Agreement with the Unions that also allowed for the conversion to cash payment on termination for accrued sick leave, that accrued sick leave will be treated as if is accrued under this agreement.
(d) Sick leave shall accrue, for the purposes of this clause, at the rate of one day at the beginning of each of the first ten calendar months of each year.
(e) Annual payout of on all sick leave, or on termination is possible.
10. NEGOTIATION OF A SUBSEQUENT AGREEMENT
The parties agree to commence negotiations for a new collective agreement to succeed this agreement at least 3 months before the nominal expiry date. The parties intend to conclude these negotiations prior to the nominal expiry date. These negotiations shall be conducted on a collective basis between all of the parties with the negotiated outcome being subject to approval of a vote of the employees collectively.
11. APPLICATION OF PROJECT AGREEMENTS
1. This agreement shall apply to all persons employed in the employer’s business and every part thereof throughout Western Australia until 1st November 2002 except where the company commences work on a project where a site agreement to which the unions is a party exists that provides for higher rates of pay and conditions, or where the company commences work on a site where the unions commercial construction agreement applies.
2. The conditions contained in any such site agreement will take precedence over this agreement for the duration of the project.
12. SENIORITY
1. The parties agree the continuity of employment is desirable wherever possible, and that where it is not possible, employees will be retrenched in order of seniority.
2. When applying the "first on last off" principle it is agreed subject to the caveat of "all things being equal", it is intended to apply on a Company basis rather than a site by site basis.
3. It is recognised that from time to time instances may arise where the employee's individual skills may be subject to this caveat. Where there is any disagreement as to the application of this the matter will be processed in accordance with Clause 16 - Dispute Settlement Procedure.
4. An employee who has been retrenched by the Company shall have absolute preference and priority for re-employment/re-engagement by the Company. Where an employee is re-engaged within a period of six months the employee shall maintain continuity of service and all accrued entitlements with the Company.
13. DISPUTE SETTLEMENT PROCEDURE
1. Disputes over any work related or industrial matter should be dealt with as close to its source as possible.
2. An employee or the union delegate should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company.
3. If the matter remains unresolved the union delegate may then submit the matter to the appropriate senior management person.
4. If still not resolved the delegate shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the employer.
5. Whilst the above procedures are being followed work should continue as normal.
6. This procedure is to be followed in good faith and without unreasonable delay by any party.
7. Should the matter remain unresolved it shall be dealt with in one of the following ways as agreed to between the parties:
q referred to the Western Australian Industrial Relations Commission for conciliation and if required arbitration. The Commissions decision will be accepted by all parties subject to legal rights of appeal; or
q referred to a disputes board for determination; or
q referred to a private arbitrator agreed to between the parties, for determination.
8. This dispute settlement procedure does not apply to health and safety issues.
14. SAFETY DISPUTE RESOLUTION
1. The parties to this agreement are committed to the safe operation of plant and equipment, to the observance of safe working practices, and the provision by the employer and correct use of all personal protective equipment. The company recognises its responsibilities to provide a safe and healthy workplace.
2. In the event of any disagreements on the necessity to carry out any safety measure or modify, reinforce or reinstate any safety device whatsoever, the procedures set out in this clause will be adopted.
3. No person shall dismiss a safety complaint. Any complaint should be referred to the company safety officer or workers’ safety representative to be dealt with in accordance with the following procedures:
(i) Where any employee becomes aware of an unsafe situation, that employee will immediately notify the company safety officer or the workers’ safety representative.
(ii) The company safety officer and the workers’ safety representative will take immediate action to have the unsafe situation rectified.
(iii) Should the company safety officer consider that no safety precautions are necessary, he/she will notify the workers’ safety representative accordingly as soon as possible.
(iv) While there is disagreement on the ruling of the company safety officer, the company safety officer will arrange for the immediate transfer of all employees from the disputed area.
(v) Should the company safety officer be of the opinion that no action is necessary and the worker’s safety representative disagrees, an appropriate inspector from Worksafe/Workcover will be requested to undertake an inspection of the disputed area for the purpose of resolving any such matter.
(vi) If disagreement still exists the chief inspector or his/her nominee will be called in to assist in the resolution of the dispute.
(vii) If no agreement can be reached between the parties the matter will be dealt with in accordance with the dispute resolution procedure of this agreement.
(viii) Whilst the above procedure is being followed there will be no stoppage of work in respect of the matter being considered, except in the area alleged to be unsafe.
(ix) It is accepted that safety considerations override normal work practices and depending on the degree of potential risk to persons on the job, or the general public, can override normal demarcation practices.
15. TRAINING AND RELATED MATTERS
The Company has agreed that first preference for training employees will be given to the Construction Skills Training Centre.
16. DRUG & ALCOHOL, SAFETY & REHABILITATION PROGRAM
The parties are committed to the Drug and Alcohol, Safety and Rehabilitation program as outlined in Appendix A - Drug and Alcohol, Safety and Rehabilitation Program.
17. INCOME PROTECTION
The Company agrees to insure employees covered by this agreement for injury and sickness and for accident make-up pay from the date of signing this agreement.
1. Income Protection
The Company agrees to insure employees covered by this Agreement for injury and sickness from the date of signing this Agreement. The cover is to be for the life of the agreement, and must be a policy with entitlements no less than the Jardine’s 24-hour cover, as negotiated between the unions and the MBA.
2. Accident Pay
a) The Company agrees to pay each employee accident pay where the employee receives an injury for which weekly payments or compensation are payable by or on behalf of the Company pursuant to the provisions of the Workers’ Compensation and Rehabilitation Act 1981, as amended.