Stramit Building Products (Maddington) Western Australia Enterprise Bargaining Agreement

2006 WAIRC 03557

STRAMIT BUILDING PRODUCTS (MADDINGTON) WESTERN AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2005/2008

Agreement No. 271 of 2005

1. WHAT IS THE NAME OF THIS AGREEMENT? 3

2. WHEN WILL THIS AGREEMENT START AND FINISH? 3

3. RENEWAL/REPLACEMENT OF THIS AGREEMENT 3

4. WILL AN AWARD APPLY? 4

5. POSITION AND DUTIES 4

6. WILL A PROBATION PERIOD APPLY? 4

7. HOURS 4

8. PAYMENT 5

9. MEAL ALLOWANCE 6

10. WHAT ARE MY SUPERANNUATION ENTITLEMENTS? 6

11. OBLIGATIONS REGARDING COMPANY PROPERTY 6

12. What happens if an employee can't get to work? 7

13. WHAT DOES STRAMIT REQUIRE OF ITS EMPLOYEES? 7

14. WHEN CAN EMPLOYEES BE STOOD DOWN? 8

15. WHAT ARE STRAMIT'S GUIDELINES AND POLICIES? 8

16. LEAVE ENTITLEMENTS 8

17. WHAT ARE STRAMIT'S SAFETY REQUIREMENTS AND PRACTICES? 10

18. WHAT IS STRAMIT'S DRUGS AND ALCOHOL POLICY? 10

19. JOURNEY COVER 11

20. PERFORMANCE REVIEWS 11

21. WHAT PUTS EMPLOYMENT AT RISK? 11

22. REDUNDANCY 12

23. DISCRIMINATION 13

24. NO EXTRA CLAIMS 14

25. WHAT HAPPENS IF THERE IS A DISPUTE ABOUT THE MEANING OF ANY CLAUSE OF THIS AGREEMENT? 14

26. GENERAL 14

WHY IS THIS AGREEMENT IMPORTANT?

Stramit Building Products is a leading Australian manufacturer of steel building products, including roof, walling, gutter and fascia, purlins, floor frame and structural formwork.

This Agreement reflects Stramit's commitment to providing a level of operational performance and service delivery that is responsive, competitive and innovative to meet customer needs.

Increased levels of business competitiveness can be achieved through operational reliability, customised service delivery solutions and improved employee productivity. This is crucial to enable Stramit to effectively compete in, and respond to, changing market conditions.

As such, the primary objectives of this Enterprise Bargaining Agreement are to:

1.  Focus on integrated business and commercial operational strategies which provide to customers, efficient, value added and reliable services;

2.  Endeavour to provide high standards of workplace health, safety, equality of employment opportunity and the exclusion of unlawful discrimination, harassment and vilification;

3.  Promote a harmonious working environment; and

4.  Provide employment for persons committed to working at a high standard to produce quality products.

Stramit has a strong commitment to meeting and exceeding client expectations. Accordingly, when interpreting and implementing this Enterprise Bargaining Agreement, emphasis will be placed on work systems and relationships that achieve and enhance performance, customer service and commercial outcomes.

THIS ENTERPRISE BARGAINING AGREEMENT IS MADE BETWEEN:

AMTEL PTY LTD TRADING AS STRAMIT BUILDING PRODUCTS (MADDINGTON) WESTERN AUSTRALIA (ACN 009 107 733) of 605 – 615 Bickley Road, Maddington in the State of Western Australia ("Stramit")

And

TRANSPORT WORKERS' UNION OF AUSTRALIA, INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH of Suite 302, 3rd Floor, 82 Beaufort Street, Perth WA 6000 ("UNION")

And

All employees, whether members of the organisation of employees named in this Agreement, who are engaged in any of the occupations, trades, industries or callings specified in the Transport Workers' (General) Award No. 10 of 1961 as amended and consolidated by No. 63A of 1980 ("the Employee").

WHAT IS THE NAME OF THIS AGREEMENT?

The name of this Agreement is the "Stramit Building Products (Maddington) Western Australia Enterprise Bargaining Agreement 2005/2008". The terms of this agreement apply to and bind Stramit Industries, the Transport Workers Union and the employees of Stramit Building Products. This Agreement will apply to approximately 11 employees.

WHEN WILL THIS AGREEMENT START AND FINISH?

This Agreement commences on 1 July 2005 ("the Commencement Date") and will expire on 30 June 2008 ("the Expiry Date"). Following the expiry date, this Agreement will continue to apply to the Employees' employment with Stramit until a replacement Agreement is made.

RENEWAL/REPLACEMENT OF THIS AGREEMENT

The parties will meet, at least 4 weeks before this Agreement expires, to discuss the terms of a replacement Agreement.

The parties acknowledge that neither party is obliged to renew or extend this Agreement beyond its expiry date.

WILL AN AWARD APPLY?

The terms and conditions of this agreement shall be read and interpreted in conjunction with the Transport Workers' (General) Award No.10 of 1961.

Where there is any inconsistency between this agreement and the award, then this agreement shall take precedence.

POSITION AND DUTIES

Employees will perform the duties for their Positions and classification levels, as set out in item 1.1 of Schedule A, and any duties that Stramit directs the employees to undertake.

Stramit may require employees to attend training and to complete training as part of their duties.

WILL A PROBATION PERIOD APPLY?

New employees are subject to a 3-month probationary period that commences on an employee's first working day with Stramit.

Stramit may, at any time during the probationary period, confirm or terminate an employee's employment.

During the probationary period, Stramit (and an employee representative if requested by you) shall review an employee's progress.

If an employee's performance during the probationary period is considered by Stramit to be satisfactory, Stramit will issue a satisfactory probationary report and the employee's employment with Stramit will continue.

If an employee's performance during the probationary period is considered by Stramit to be unsatisfactory, the employee's employment may be terminated by Stramit:

(a)  During the first two weeks' of the probationary period, by giving the employee 1 hours' notice or pay in lieu of notice; or

(b)  After the first two weeks' of the probation period, by giving the employee one day's notice or pay in lieu of notice.

Where payment in lieu of notice is made, the employee's employment will terminate when Stramit advises you of the termination.

In the event of serious misconduct Stramit may terminate an employee’s employment without notice or payment in lieu thereof.

During the probationary period, an employee may terminate their employment by:

(a)  During the first two weeks' of the probationary period, giving Stramit 1 hours' notice; or

(b)  After the first two weeks' of the probationary period, giving Stramit one day's notice.

HOURS

Mode of Employment

Stramit will choose the mode of employment having regard to the following:

(a)  Full-time or part-time ongoing employment is Stramit's preferred mode of employment;

(b)  Casual employment or contract labour is appropriate where additional workers are required to work on an intermittent or irregular basis to cover temporary absences of other employees or temporary production demands; and

Ordinary Hours

(a)  Stramit requires employees to work a minimum of 38 rostered hours per week.

(b)  Unless employees are working shift work, ordinary hours may be worked Monday to Friday between 6.00am and 6.00pm as agreed with Stramit in accordance with its operational requirements.

(c)  Stramit's ordinary hours may be varied with seven days notice in order to meet Stramit's operational requirements.

Overtime

(a)  Stramit may require employees to work reasonable overtime in addition to their rostered hours. Employees may not refuse to work reasonable overtime.

(b)  Overtime will be organised and allocated by Stramit to meet its operational requirements and customer needs.

(c)  Unless employees are working shift work, if Stramit requires an employee to work outside the ordinary hours set out in clause 0, Stramit will pay you for the additional hours at the overtime rate set out in clause 00; and

(d)  All overtime hours will be paid for at the following rates:

Overtime on Monday to Friday: time and a half for the first two hours of overtime and double time thereafter;

Overtime on Saturdays: time and a half for the first two hours of overtime and double time thereafter;

Overtime on Sundays: double time;

Overtime on a Public Holiday: double time and a half.

Shift work

(a)  Stramit may require employees to work shift work. Shift work is work where the majority of ordinary hours worked are outside the hour’s 6.00am to 6.00pm Monday to Friday and may include continuous weekend work. Payment for all shift work will be calculated pursuant to this clause.

(b)  If an employee works shift work, as described in 7.4(a), Stramit will pay the employee a shift loading of 15% for all hours worked in accordance with section 11 of the Award.

PAYMENT

Stramit will aim to provide the Employees with fair remuneration to reward performance and participation as reliable team members and to recognise the Employees' level of responsibilities and performance.

Stramit will pay the Employees in accordance with the wage rates applicable for the Employees' Positions and duties as set out in item 1.1 of Schedule A. The pay increase in item 1.2(a) of Schedule A will be backdated to the first pay period from 1 July 2005.

Employees employed on a casual basis will be paid no less than the Base rates below plus the appropriate casual loading:

(a)  HC driver at $16.52/hour; and

(b)  Loaders and HR drivers at $15.73/hour.

Subject to the achievement of the Key Performance Indicators in item 1.3 of Schedule A, Stramit will increase the Employees' wage rates in accordance with item 1.2 of Schedule A.

Employees will be paid, in arrears, by electronic transfer to a nominated bank account on a weekly basis.

MEAL ALLOWANCE

Employees will be paid a meal allowance of $12.00 in accordance with the conditions detailed in the Transport Workers (General) Award.

WHAT ARE MY SUPERANNUATION ENTITLEMENTS?

Stramit will contribute to a complying superannuation fund in accordance with its obligations under the Superannuation Guarantee (Administration Act) 1992 (Cth). Subject to the superannuation fund being a complying fund, the superannuation amount will be deposited into a fund of the employee's choice ("the Complying Fund").

Employees may amend their nomination if:

(a)  Stramit and the employee agree in writing that Stramit must direct the superannuation contributions to an alternative Complying Fund; or

(b)  the employee instructs Stramit in writing to direct the superannuation contributions to an alternative Complying Fund.

Stramit must not unreasonably refuse to agree to an employee's request to change the employee's nominated Complying Fund.

Stramit will notify its employees of their entitlement to nominate a Complying Fund into which Stramit will direct the superannuation contributions.

If an employee does not nominate a Complying Fund, then Stramit will direct the superannuation contributions to a Complying Fund nominated by Stramit.

Employees may from time to time direct Stramit in writing to deduct a percentage of their salary and remit this amount as employee contributions into the Complying Fund.

Stramit agrees to contribute superannuation to the Complying Fund during periods that employees receive worker's compensation payments provided that superannuation contributions shall be calculated on the amount of worker's compensation payments received by the employee.

OBLIGATIONS REGARDING COMPANY PROPERTY

Employees are not permitted to use Stramit's premises or property (including plant and equipment) for private purposes without prior written consent from the Operations Manager or a delegate of the Operations Manager.

Employees must report to their supervisor all loss of, or damage to, any of Stramit's property immediately after the employee becomes aware of it.

On termination of an employee's employment (howsoever caused), the employee must deliver to Stramit all property belonging to Stramit, which is in the employee's possession, or under the employee's control or power. If an employee does not return all property to Stramit on the termination of their employment, Stramit may deduct the replacement cost of the property from any outstanding wages or accrued entitlements.

What happens if an employee can't get to work?

If an employee cannot attend work for any reason (including because of personal illness or injury), the employee must, as soon as possible (and no later than 2 hours of their commencement time), tell their supervisor (directly):

(a)  That they are unable to come to work;

(b)  The reason why they are unable to come to work; and

(c)  How long they are likely to be away.

If an employee is away from work, other than on Approved Leave, the employee will not be paid for the time they are away. "Approved Leave,” means leave taken in accordance with clause 0 of this Agreement.

If an employee is away from work, other than on Approved Leave, without a reasonable excuse, Stramit may take disciplinary action against the employee. Disciplinary action may include terminating the employee's employment.

WHAT DOES STRAMIT REQUIRE OF ITS EMPLOYEES?

Employees must, at all times:

(a)  Devote the whole of their time, attention, and skill during their hours of work to the performance and discharge of their duties;

(b)  Carry out their duties to the standard Stramit requires including the KPIs set out in item 1.3 of Schedule A;

(c)  Act honestly, faithfully, and diligently in the performance of their duties;

(d)  Conform to and comply with Stramit's lawful and reasonable directions;

(e)  Present for work in a professional and business-like manner;

(f)  Provide Stramit with any information that the employee may have that Stramit may require from the employee to assist with any investigations Stramit may undertake in relation to any breach of safety or good faith obligations, or misconduct by the employee or any other person;

(g)  Comply with all guidelines and principles and any other standards developed and communicated to employees from time to time;

(h)  Undertake training as directed by Stramit and comply with all new practices and procedures;

(i)  Act in Stramit's best interests and do nothing to damage Stramit's reputation or bring Stramit into disrepute; and

(j)  Submit to medical examinations by a medical practitioner of Stramit's choice, and to authorise the examining medical practitioner to provide Stramit with the findings of the examinations.

WHEN CAN EMPLOYEES BE STOOD DOWN?

Employees may be stood down if any unforeseen circumstance including, without limitation, industrial action, severe weather conditions, failure of Stramit's equipment or a client's equipment, or an interruption to supplies of essential services (for example, electricity, water or sewerage) prevents Stramit from carrying on its usual operations.

Stramit will try to provide alternative work for employees, or allow employees to take any accrued annual leave, for the duration of the interruption to its usual operations.

If none of the alternatives referred to in subclause 0 are available, then Stramit may stand employees down without pay for the duration of the interruption to its usual operations.