1

masters dairy limited enterprise bargaining

agreement 1995

No. AG 125 of 1995

1. - TITLE

This Agreement shall be known as the Masters Dairy Limited Enterprise Bargaining Agreement 1995, No. AG125 of 1995.

2. - ARRANGEMENT

1.Title

2.Arrangement

3.Parties to this Agreement

4.Area and Scope

5.Term of this Agreement

6.Relationship to the Award

7.Mission of Masters Dairy Limited

8.Objective

9.Classifications and Skills Based Wages System

10.Wage Rates

11.Redundancy

12.Registration of this Agreement

13.Signatories

Appendix - Resolution of Disputes Requirement

3. - PARTIES TO THIS AGREEMENT

This Agreement is made between:

Masters Dairy Limited, a company incorporated in the State of Western Australia and having its office at 86 Radium Street, Bentley, Western Australia; and

The Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Miscellaneous Workers’ Division, Western Australian Branch, having its office at 61 Thomas Street, Subiaco, Western Australia; and

The Metals and Engineering Workers’ Union, Western Australian Branch, having its office at 1111 Hay Street, West Perth, Western Australia; and

The Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch, having its office at Suite 302, 3rd Floor, 82 Beaufort Street, Perth, Western Australia.

4. - AREA AND SCOPE

This Agreement shall apply to employees of Masters Diary Limited who are members or eligible to be members of the unions party to this Agreement and who are engaged in classifications prescribed in the Masters Dairy Award 1994.

5. - TERM OF THIS AGREEMENT

(1)This Agreement shall come into effect upon the date of registration and shall thereafter continue to operate for the period ending 31 December 1996.

(2)Notwithstanding the expiry of the term of this Agreement, this Agreement shall, subject to the provisions of the Industrial Relations Act 1979, continue in force in respect of all the parties, except those who retire from this Agreement in accordance with the Act, until a new agreement or an award in substitution for this Agreement has been made.

(3)The parties agree to meet, at a time to be agreed but not later than six months prior to the expiration of this Agreement, to review the terms of this Agreement with a view to reaching agreement on a new industrial agreement to replace this Agreement.

6. - RELATIONSHIP TO THE AWARD

In respect of employees of Masters Dairy Limited who are engaged in classifications prescribed in the Masters Dairy Award 1994:

this Agreement shall be supplementary to and shall be read in conjunction with the Masters Dairy Award 1994;

save where expressly altered by this Agreement, the terms of the Masters Dairy Award 1994 shall continue to be of full force and effect; and

where any term of the Masters Dairy Award 1994 is in conflict with any express term of this Agreement, the express term of this Agreement shall take precedence.

7. - MISSION OF MASTERS DAIRY LIMITED

By 1998, Masters Dairy Limited is to become a world class dairy based food and beverage company which provides ongoing satisfaction to customers and shareholders, employees and suppliers. This will be achieved through implementing the following:

improving customer satisfaction;

ensuring safe, reliable and responsible operations;

pursuing profitable sales growth;

introduction of world class techniques for innovative product and process development;

improved utilisation of resources;

improved work environment;

provide empowerment to all employees.

8. - OBJECTIVE

(1)The objective of this Agreement is to assist Masters Dairy in becoming the most efficient site in the National Dairies Limited group in satisfying customer demand.

(2)This will be achieved by the continuous improvement in the quality, cost and customer service provided by the employees of Masters Dairy Limited.

9. - CLASSIFICATIONS AND SKILLS BASED WAGES SYSTEM

(1)Development of Skills Based Wages System

(a)Nominated workplace groups will develop, within the next 12 months, an agreed classification structure and skills based wage levels. The structure will be designed to promote the acquisition of skills by employees for progression through a career path structure. The Consultative Committee will oversee this process.

(b)Employees will contribute to the development of, participation in and delivery of a skills based wage system.

(c)Commencing in February 1995, local workplace teams have undertaken the following process:

(i)flow chart the work process;

(ii)segment the jobs;

(iii)rank the jobs;

(iv)develop an appropriate agreed skills based wage structure.

(d)Workplace teams will not be involved in assessing individual performance as part of this process.

(e)The Consultative Committee will meet no less than monthly.

(f)It will be the intent of all parties to develop an agreed skills based wage structure by December 1995.

(2)Training

(a)Access to training will be governed by the site’s operating requirements and considerations of fairness and equity to employee benefits as a result of training. All employees are required to assist fellow employees in the provision of training.

(b)Training will be structured in such a way as to give preference to lower paid employees. An agreed strategy will be developed by all parties within 12 months and agreed training plans will be prominently displayed.

(c)This strategy will ensure all employees willing to participate in agreed training will not be disadvantaged if, due to circumstances beyond their control, training is not made available.

(d)No employees will be forced to learn a new job or skills if they do not wish to do so. In the event that the site’s operational requirements are not being satisfied, the Consultative Committee will consider the issues and attempt to resolve the matter consistent with the objective of this Agreement.

10. - WAGE RATES

(1)In consideration for this Agreement, Masters Dairies Limited has agreed to increase the base wage rates of all employees covered by this Agreement by a total of 13.5% over the period 14 December 1994 to the end of the term of this Agreement.

(2)It is recorded that, in anticipation of the signature and registration of this Agreement, the first 7% of this wage increase has been paid to all employees covered by this Agreement with effect from the first full pay period following 14 December 1994.

(3)The balance of the increase, being a 6.5% increase, shall be payable only after implementation of the skills based wage system contemplated in Clause 9. - Classifications and Skills Based Wages System, and then shall be payable from the first full pay period on or after 14 December 1995 or the date of implementation of the skills based wage system, whichever is the later date.

(4)Schedule 2 - Wage Rates in the Masters Dairy Award 1994 shall be varied as follows:

Payable with effect from the first pay period

commencing on or after:

Implementation of

Skills based system

or

14 December 199414 December 1995

(whichever is the later)

(a)PRODUCTION

Dairy Production WorkerGrade 1 364.90 388.62

Dairy Production WorkerGrade 2 401.89 428.01

Dairy Production WorkerGrade 3 409.97 436.62

Dairy Production WorkerGrade 4 418.95 446.18

Dairy Production WorkerGrade 5 437.00 465.41

Dairy Production WorkerGrade 6 445.97 474.96

Dairy Production WorkerGrade 7 464.02 494.18

(b)TRANSPORT

DriverGrade 3 423.27 450.78

DriverGrade 4 436.00 464.34

DriverGrade 6 452.94 482.38

DriverGrade 7 461.47 491.47

(c)MAINTENANCE

Maintenance WorkerGrade C11 426.92 454.67

Tradesperson MechanicGradeC10 462.03 492.06

Tradesperson MechanicGradeC9 485.17 516.71

Tradesperson MechanicGradeC8 530.98 565.49

(5)There shall be no further increases in wages for the life of this Agreement except for increases under the State Wage Case decisions. The increases granted in terms of this Agreement shall be set off against any increases in award rates that may be granted in terms of the State Wage Case decisions delivered prior to, or during, the life of this Agreement.

11. - REDUNDANCY

The provisions of paragraph (a) of subclause (3) of Clause 27. - Redundancy, of the Masters Dairy Award 1994, shall be amended by the deletion of the provisions relating to severance pay for periods of continuous service and by substituting the following:

“Severance Pay”

Four (4) weeks pay for each year of completed continuous service, subject to a maximum payment in respect of any one employee of 52 weeks pay.”

12. - REGISTRATION OF THIS AGREEMENT

(1)Masters Dairy Limited shall apply to The Western Australian Industrial Relations Commission for the registration of this Agreement as an industrial agreement on behalf of all the parties to this Agreement.

(2)All the parties to this Agreement undertake to do all such things within their power as may be necessary in order for this Agreement to be registered as an industrial agreement by the Western Australian Industrial Relations Commission.

13. - SIGNATORIES

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT

(1)This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23May 1997 (Labour Relations Legislation Amendment Act 1997).

(2)Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.

(a)The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b)(i)If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

(ii)Discussions at this level will take place as soon as practicable.

(3)The terms of any agreed settlement should be jointly recorded.

(4)Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.

(5)Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

(6)Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission 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..

VARIATIONRECORD

MASTERS DAIRY LIMITED ENTERPRISE BARGAINING AGREEMENT 1995

NO. AG. 125 OF 1995

Delivered 08/09/95 at 75 WAIG 2762

Consolidated at

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1. Title

As deliveredAg125/9508/08/9575 WAIG 2762

2. Arrangement

As deliveredAg125/9508/08/9575 WAIG 2762

Ins. Appendix - Resolution...693/9616/07/9676 WAIG 2768

3. Parties to this Agreement

As deliveredAg125/9508/08/9575 WAIG 2762

4. Area and Scope

As deliveredAg125/9508/08/9575 WAIG 2762

5. Term of this Agreement

As deliveredAg125/9508/08/9575 WAIG 2762

6. Relationship to the Award

As deliveredAg125/9508/08/9575 WAIG 2762

7. Mission of Masters Dairy Limited

As deliveredAg125/9508/08/9575 WAIG 2762

8. Objective

As deliveredAg125/9508/08/9575 WAIG 2762

9. Classifications and Skills Based Wages System

As deliveredAg125/9508/08/9575 WAIG 2762

10. Wage Rates

As deliveredAg125/9508/08/9575 WAIG 2762

11. Redundancy

As deliveredAg125/9508/08/9575 WAIG 2762

12. Registration of this Agreement

As deliveredAg125/9508/08/9575 WAIG 2762

13. Signatories

As deliveredAg125/9508/08/9575 WAIG 2762

Appendix - Resolution of Disputes Requirement

Ins. Appendix693/9616/07/9676 WAIG 2768

(1),(6), Del. (7)2053/9722/11/9777 WAIG 3079