Total Corrosion Control (Metal Workers) Enterprise Bargaining Agreement 1997

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TOTAL CORROSION CONTROL (METAL WORKERS)

ENTERPRISE BARGAINING AGREEMENT 1997

NO. AG 259 OF 1997

1. - TITLE

This Agreement shall be known as the Total Corrosion Control (Metal Workers) Enterprise Bargaining Agreement 1997.

2. - ARRANGEMENT

1. Title

2. Arrangement

3. Parties Bound

4. Application

5. Date and Period of Operation

6. Objectives and Principles

7. Specific Measures to Achieve Productivity

8. Resolution of questions, difficulties or disputes

9. Journey Cover Insurance

10. Consultative Process

11. Enterprise Bargaining Payment

12. Rates of Pay

13. Clothing

14. Definitions

Appendix "A" - Heat Stress Provisions.

Appendix "B" - Rehabilitation Policy.

Appendix "C" - Disciplinary Procedures.

Signatories to Agreement.

3. - PARTIES BOUND

This Agreement is between the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch (hereinafter referred to as the "Union") and Total Corrosion Control Pty Ltd (hereinafter referred to as the "Company").

4. - APPLICATION

This Agreement shall apply to and be binding upon the Company, the Union and an estimated 65 persons employed by the company who are members, or eligible to be members of the Union, engaged on work covered by the terms and conditions of Part II - Construction of the Metal Trades (General) Award No. 13 of 1965.

5. - DATE AND PERIOD OF OPERATION

(1) This Agreement shall operate for a period of 12 months from the commencement of the first pay period beginning on or after lst March 1997.

(2) The increases contained herein are to be the only ones allowable, except where the annualised C.P.I. or a National Wage Case Award exceeds such amount, in which case it is agreed that the higher wage shall apply. it is further agreed that there will not be any double counting with respect to wages.

6. - OBJECTIVES AND PRINCIPLES

(1) The parties have an on-going commitment to identify common objectives for improved productivity, flexibility, efficiency, quality of employment and delivery of quality service.

(2) To achieve the objectives outlined in subclause (1) hereof, the parties are committed to the following:-

(a) Promoting the development of trust and motivation within the Company and to continue fostering better employee/management relations

(b) Ensuring honesty and mutual respect will prevail at all times.

(c) A free exchange of relevant information and ideas at all times, subject to agreed commercial confidentiality.

(d) Equity.

(e) The availability of proper and effective consultation through the appropriate structures on structural efficiency and workplace reform matters affecting employees, prior to implementation of any change. Employees who will be so affected must genuinely agree to such changes.

(f) Enhancement of the quality and security of employment for Company employees resulting from increased skill acquisition and utilisation, better working practices and improved remuneration based on productivity improvement resulting from on-going implementation of agreed structural efficiency processes.

(3) The parties recognise that this Agreement continues a programme of structural efficiency and workplace reform. Fundamental to the continuation of this programme of reform, the parties undertake to -

(a) Identify career paths within the Company.

(b) Broaden training and career opportunities for all employees and develop accredited competency-based training plans to complement job re-design.

(c) Create more meaningful, interesting and better paid jobs for employees.

(4) The Company, the Union and all employees accept joint responsibility to ensure this Agreement is effective and, in the event of any ambiguity or dispute, the spirit and intention of this clause will remain paramount.

7. - SPECIFIC MEASURES TO ACHIEVE PRODUCTIVITY

(1) The parties re-affirm their commitment to the consultative processes outlined herein and to have these committees in place within four weeks of this Agreement being ratified.

(2) The Consultative Committee will also act as a Training Committee to monitor the introduction of the metals skills enhancement programme applicable to work being carried out by the Company. Access to training shall be equitably distributed and monitored by the Consultative Committee.

(3) Wash Up Time:

Workers shall be reminded of Award clauses and the Consultative Committee will monitor this issue on an ongoing basis.

(4) Rostered Days Off:

(a) The parties agree to employees accruing up to a maximum of five rostered days off in any one year.

(b) The accrued days must be taken within 12 months from the date of the first accrual and each 12 months thereafter.

(5) Utilisation of Sub-contractors and Labour Hire:

(a) In future, sub-contractors will not be employed by the Company.

(b) Contractors presently engaged are to be phased out and not replaced on termination or resignation.

(c) The issue of labour hire may be subject to discussion by the Consultative Committee at some future date.

(6) Smoko/Lunch Break Flexibility:

From time to time the Consultative Committee will agree on smoko/lunch break flexibility in line with Award provisions.

(7) Staff Assistance to Wages Employees:

Where practicable, staff may assist wages employees in the following circumstances:-

Supervisory staff (salaried staff) may use tools when carrying out inspections, the testing of equipment or when instructing/training employees, provided that such action does not attempt to replace jobs of employees covered by this Agreement.

(8) Union Meetings on Local Issues:

(a) Meetings to report on in-house matters may be held at times convenient to the Company and employees, with the aim of maintaining a continuous nondisrupted work pattern. It has been agreed by the parties that meal breaks will be the most convenient time.

(b) Discussions with Management will take place if any party wishes to change the time for a meeting.

(9) Benchmarking:

(a) The Consultative Committee will develop a productivity and performance plan to identify and benchmark a number of performance indicators. The benchmarking process will use a "best practice" policy to create an environment and a performance plan which will commit the parties to a simultaneous improvement in costs, quality and delivery.

(b) The two main groups which performance indicators will be identified with are -

(i) Over-all Company performance measures applicable to the business.

(ii) Improvement measures specific to the various Company sections.

(10) Examples of improvement measures include, but are not limited to -

(a) Housekeeping standard in work areas and stores to be established and maintained.

(b) Measurement and control of consumables.

(c) Labour turnover.

(d) Measurement of, and a commitment to minimise, the use of sick leave.

(e) Measurement of overtime and reasons for same.

(f) Down-time measurements.

(g) Maintenance programme performance.

(h) Pro-active safety programme.

(i) Work Organisation procedures - i.e. scaffolding procedures and manning.

(j) Development of maintenance and production work procedures.

(k) An alternative roster system.

(1) Labour flexibility.

(m) Rehabilitation Programme.

(n) Introduction of a stores card system to monitor usage of P.P.E. equipment.

(11) Teamwork:

(a) The parties are committed to reviewing work Organisation practices at all levels in the operations of Total Corrosion Control during the life of this Agreement.

(b) The object of such review is to introduce a 'team work' concept in and across the various sections of the Company.

(12) Safety Harness:

(a) All employees required to wear safety harness for the purposes of their work shall be issued with such equipment by the Company and employees shall be responsible for their own harness.

(b) Harnesses, including those personally owned, shall be replaced or repaired on a fair wear and tear basis by the Company.

(13) Casual Employees:

(a) From time to time casual employees will be used to alleviate shortfalls in the regular core crew workforce of Total Corrosion Control. An employee to be employed, as a casual will be notified of this status, in writing, at the time of engagement.

(b) For the purposes of this Agreement an employee shall be deemed 'casual' if the expected term of employment is less than three months.

(c) The period of notice for a casual employee shall be one hour.

(d) In all other respects the conditions for casuals shall be in accordance with the provisions in the Metal Trades (General) Award No. 13 of 1965 for such employees.

(e) After three months of continuous employment with Total Corrosion Control, a casual shall become a permanent employee.

(14) Annual Leave Accrual:

The parties agree that employees shall not accrue more than eight weeks of annual leave, except in special circumstances agreed between the employee concerned and the Company.

(15) Inclement Weather:

(a) It is agreed that the parties will collectively work towards minimisation of lost time due to inclement weather.

(b) The parties undertake that work will continue where it is safe to do so and this shall be decided by the elected Health and Safety representative, in consultation with the Company's Safety Advisor and/ or Site Manager.

(c) If the area is deemed to be unsafe, where practicable, alternative work which is within the scope of the employees, skills, competence and training will be made available.

(d) If this is not possible, then all employees and management will make constructive use of the time through safety process improvement sessions, plant equipment maintenance or relevant and constructive skill development sessions.

(16) Heat Stress and Transient Heat:

The parties agree to comply with the provisions dealing with natural and artificially heated environments as set out in Appendix "All attached hereto.

8. - RESOLUTION OF QUESTIONS, DIFFICULTIES OR DISPUTES

(1) Where a question, difficulty or dispute arises, the employee concerned shall initially discuss the matter with his/her immediate Supervisor and, if the employee so desires, his/her Union delegate.

(2) If the question, difficulty or dispute is not resolved by the discussion referred to in subclause (1) hereof, the Union delegate shall discuss and attempt to resolve the dispute with the Site Manager.

(3) Where the foregoing discussions fail to resolve the matter of concern, it shall be referred to a Senior Management representative and the appropriate full-time Union official, at which stage the parties will then initiate steps to resolve the grievance as soon as possible.

(4) While the steps in subclauses (1), (2) and (3) hereof are being followed, industrial action shall not be taken. A minimum of seven days shall be allowed for all stages of the discussions to be finalised.

(5) If the grievance remains unresolved after seven days, either party may refer the matter to the Western Australian Industrial Relations Commission, provided that any party reserves the right to refer an issue to the Commission at any time, 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.

(6) The parties will give each other the earliest possible notice of any problem which may give rise to a grievance of dispute. All relevant facts shall be clearly identified and recorded throughout.

(7) Bans or limitations will not be placed on the performance of work while the dispute procedure is being followed.

(8) Total Corrosion Control shall ensure that all practices applied during the operation of the procedure are in accordance with safe working principles and consistent with established custom at the work site.

9. - JOURNEY COVER INSURANCE

The Company agrees to insure all employees, whether casual or not, for journey cover to and from work, with conditions not less than those of the TLC - AMWU Journey Cover Insurance provisions.

10. - CONSULTATIVE PROCESS

In order to progress Award restructuring and Enterprise Bargaining initiatives, consultative mechanisms as follows will be established by the Company.

(1) Committee:

The Committee will consist of Management representatives and appointed Union members employed by the Company.

(2) Roles and Function:

(a) To plan, co-ordinate and determine the framework for award restructuring and workplace change at the Company.

(b) To ensure, via representatives, that all employees participate in the workplace restructuring programme and are fully informed of changes that will affect their working lives.,

(c) To ensure that the work area committees conform to the guide-lines set by the Consultative Committee.

(d) To consider proposals for the establishment of issue-based task forces.

(e) To consider issues which cannot be agreed by a consensus of opinion in the workplace.

(f) To keep the workforce informed on matters being considered by the Consultative Committee.

(g) To decide how appeals over-classification will be conducted.

(3) Work Area Committees:

The functions of the Work Area Committees are to discuss, test, assist and evaluate the development of proposals such as those for improving efficiency, effectiveness,, work Organisation, job design, career prospects, productivity, training opportunities, influence decision making and the quality or working life of the workforce.

(4) Committee Procedures:

(a) At its first meeting the Consultative Committee shall nominate an individual from representatives to act as a Chairperson. The Chair will then alternate between management and Unions on a six-monthly basis.

(b) A secretary will be available to the Consultative Committee to take minutes of the meetings and provide administrative support to meetings. This service will be arranged by the Company.

(c) The Consultative Committee shall meet on a regular basis, as necessary. Such meetings will be conducted in a formal manner, with due notice and an agenda provided to members. Jointly agreed minutes from each work area committee meeting shall be forwarded to the Consultative Committee Chairperson for information.

(d) Decisions will be arrived at by consensus.

11. - ENTERPRISE BARGAINING PAYMENTS

(1) In recognition of the productivity measures agreed to in Clause 7 hereof, all employees covered by this Agreement shall receive three pay increases, in each instance based on the agreed composite rate operative at the time of registration of this Agreement. The first two increases shall total 7.5% and be non-cumulative.

(a) Stage One:

An increase of 2% on the agreed composite rate shall be paid on the first pay period on or after lst March 1997.

(b) Stage Two:

An increase of 2% on the agreed composite rate shall be paid on the first pay period commencing on or after lst July 1997.

(b) Stage Three:

An increase of 3.5% on the agreed composite rate shall be paid on the first pay period commencing on or after lst November 1997.