2002 WAIRC 04858
All Personnel - TWU Enterprise Bargaining Agreement 2001
AG 241 OF 2001
1. - TITLE
This agreement shall be referred to as the All Personnel - TWU Enterprise Bargaining Agreement 2001.
2. - ARRANGEMENT
1. / Title2. / Arrangement
3. / Parties
4. / Scope
5. / Relationship to Parent Award
6. / Date and Period of Operation
7. / Objectives of the Agreement
8. / Hours of Work
9. / Wage Rates
10. / Superannuation
11. / Dispute Resolution Procedure
12. / No Extra Claims
13 / Signatories
3. – PARTIES
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(1)The parties to this Agreement shall be All Personnel Pty Ltd (the Company) and the Transport Workers Union, Industrial Union of Workers, Western Australia Branch - (the Union).
(2)In accordance with s 41A(1a) of the Industrial Relations Act 1979, (the Act), this Agreement covers an estimated 100 workers.
4. - SCOPE
This Agreement shall apply to all staff members eligible for membership of the Transport Workers Union, Industrial Union of Workers, Western Australia Branch - (the Union) employed by the Company whose conditions of employment are covered by the Transport Workers (General) Award No. 10 of 1961
5. - RELATIONSHIP TO PARENT AWARD
This Agreement shall be read and interpreted wholly in conjunction with the Transport Workers (General) Award No. 10 of 1961. Provided that where there is any inconsistency, this Agreement shall take precedence to the extent of the inconsistency.
6. - DATE AND PERIOD OF OPERATION
(1) This Agreement shall operate from the first pay period commencing on or after the date of signing and shall remain in force until 31 December 2003.
(2) The parties agree to commence discussion on the terms and conditions of a future agreement three calendar months prior to the expiration of the agreement.
7. - OBJECTIVES OF THE AGREEMENT
The objectives of this agreement are:
(1) To enable the company to perform work in the activities covered by this Agreement in a productive and efficient manner.
(2) To enable workers to work in a productive, efficient, flexible and safe manner in accordance with their full skill and competence to meet the requirements of the company and their clients; and
(3) To provide appropriate remuneration and conditions of employment for workers working under the terms of the Agreement.
8. - HOURS OF WORK
(1) The spread of ordinary hours shall be 6.00 am to 6.00 pm;
(2) A casual worker on each separate engagement can work a maximum of 7.6 hours ordinary time before the commencement of overtime payments.
(3) The minimum engagement for casual workers shall be 4 hours.
9. – WAGE RATES
(1) Workers covered by this agreement will be will be required to perform work under the direction of clients of the Company.
(2) Workers covered by this agreement will be paid in accordance with the Transport Workers General Award No 10 of 1961 provided that where an enterprise agreement exists between the client of the Company and the Union covering the client’s own workers, the provisions of the enterprise agreement will also apply to the workers covered by this agreement.
(3)Sub clause (2) cannot operate to allow in any circumstance where the total remuneration of the worker is to be less than that payable under the provisions of the Transport Workers General Award No 10 of 1961.
10. - SUPERANNUATION
(1) The Company will make a payment of the percentage rate that is prescribed under the Superannuation Guarantee Contribution (SGC) prescribed in the Superannuation Guarantee (Administration) Act 1992.
(2) The Company will advise all workers subject to this Agreement of their right to have payments made to a superannuation fund of their choice. The Company is bound by the worker’s election. The aforementioned payment will then be made to that fund.
(3)Until each worker nominates the fund of their choice the Company will make payments into the TWU Superannuation Fund.
(4) In the event that any worker chooses a fund other than the TWU Superannuation Fund the Company will, within seven days of the worker advising the Company of the fund of their choice, advise the Union in writing of the worker’s decision.
(5) In the event that the worker 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 worker and the Company reaching such an agreement, advise the Union 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 worker.
Bottom of Form
10 A - DISPUTE RESOLUTION PROCEDURE
(1) A dispute is defined as any dispute between the Company and the Union relating to a work related or industrial matter, question, or difficulty arising out of this interpretation and application of this agreement.
(2) In the event of a dispute the following procedure shall apply:
(a) The matter shall first be raised with the local management and agreement sought.
(b) If the dispute is not resolved at this level, the matter may be discussed between the Union delegate and the local Manager
(c) Should the dispute remain unsolved, the matter may be referred to an official of the Union, who shall discuss it with senior management.
(d) In the event of no agreement being reached at this stage, the dispute will be referred to the Western Australian Industrial Relations Commission for conciliation and or arbitration.
(3) While the above procedure is being followed, normal work will continue.
11. - NO EXTRA CLAIMS
(1) It is a term of this Agreement that the union and each of the workers bound by this Agreement will not pursue any extra claims, award or over award for the duration of this Agreement as specified in clause 10 of this Agreement.
(2) This includes claims relating to changes that are inconsistent with the terms of this Agreement. It is also a term of this Agreement that the union and each of the workers bound by it will not take industrial action in support of extra claims, award or over award for the duration of this Agreement.
12. - SIGNATORIES TO THE AGREEMENT
Signed for and on behalf of All Personnel Pty Ltd:
Name: ______Date: ______
In the presence of ______Date:______
Signed for and on behalf of the Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch:
Jim McGiveron State Secretary ______Date: ______
In the presence of ______Date______
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