2005 WAIRC 02146
Baguleys Container Yard Rouse Head WA Certified Agreement 2004
Agreement No. 83 of 2005
Baguleys Container Yard Rouse Head Certified Agreement 2004
1. TITLE
This Agreement shall be known as the Baguleys Container Yard Rouse Head WA Certified Agreement 2004.
2. ARRANGEMENT
This Agreement is arranged as follows:
Subject Matter Clause Number
Title 1
Arrangement 2
Parties Bound 3
Period of Operation 4
Work Covered by this Agreement 5
Relationship to Parent Award 6
Single Bargaining Unit 7
Purpose 8
Measures to Increase Efficiency 9 Wage Rates 10
Health and Safety 11
Settlement of Disputes 12
Income Protection Scheme 13
Redundancy 14
Long Service Leave 15
Sick Leave Bonus 16
Definitions 17
Signatories 18
Appendix 1
3. PARTIES BOUND
This Agreement shall be binding on Baguley Engineering (the employer), the Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers WA Branch, (the Unions) and all employees who are eligible to be members of the Transport Workers Union and the Australian Manufacturing Workers Union.
4. PERIOD OF OPERATION
This Agreement will become operative from the date of certification by the Western Australian Industrial Relations Commission and shall remain in force until 1st July 2006.
5. WORK COVERED BY THIS AGREEMENT
This Agreement applies to any work performed in the state of Western Australia, the performance of which would render an employee eligible for membership of the TWU and the AMWU and applies to approximately 15 employees.
6. RELATIONSHIP TO THE PARENT AWARD
6.1 This Agreement shall be read and interpreted wholly in conjunction with the Transport Workers Award 1998 and the Metal Trades (General) Award No. 13 of 1965.
6.2 The conditions of employment provided for by this agreement shall be the conditions of employment of employees.
6.3 This Agreement shall prevail over the Awards to the extent of any inconsistency.
6.4 In relation to any matter in respect of which this agreement does not make provision, the terms of the Awards, as of the date this agreement is signed, shall apply to all employees.
7. SINGLE BARGAINING UNIT
7.1 For the purposes of this Agreement this committee shall be comprised of the following members:
a) Two Company Representatives; and
b) Two Workforce Representatives
7.2 The single bargaining unit shall be given all relevant information to enable efficient monitoring of the implementation of the continuous improvement program.
8. PURPOSE
The purpose of this Agreement is to:
a) enhance the productivity and efficiency of the employers operations; and
b) provide employees with access to more varied, fulfilling and better paid jobs.
9. MEASURES TO INCREASE EFFICIENCY
9.1 MULTI SKILLING AND TRAINING
Employees may be trained in the different faces of the Bulk and General Cartage Operation to provide both the employees and the employer with flexibility.
9.2 The consultative committee will also act as a training committee to establish, implement and monitor a training program applicable to the operations of Baguley Engineering’s container division. It is the intention of the committee that opportunities will be made available for the future enhancement of both administrative and technical skills. Training may be “on the job” or “off the job” but will be accredited and linked to a competency based career path.
9.3 Areas of training identified by workforce representatives for inclusion in the program are:
· Customer Service
· Total quality control and management
· Restricted electrical licences
· Refrigeration systems and licences
9.4 FURTHER DISCUSSION
During the term of this agreement, enterprise bargaining will continue by all parties to further progress the benefits the parties can achieve from improved operational efficiency and should further efficiency improvements be identified and agreed by the parties, then the Agreement will be amended during its term.
9.5 CONSULTATION AND COMMUNICATION
Two-way communication between maintenance and production division and between management and employees will be maintained and enhanced via:
a) Quarterly management report-back meetings with all employees;
b) Monthly consultative committee meetings and;
c) Weekly and/or daily maintenance tool box meetings to discuss scheduling and preventative programs.
9.6 EMPLOYEE INVOLVEMENT
Employees are encouraged to become involved and to continue focussing on;
a) Customer service, both internal and external
b) Reduction in down time, waste and replacement parts, wherever possible; and
c) Productivity projects to improve quality and output without increasing overall costs
9.7 PERFORMANCE INDICATORS
a) The consultative committee will develop maintenance, productivity and performance plans to identify and benchmark a number of performance indicators. The benchmarking process will use a “best practice” policy in order to create an environment, as well as a performance plan, which will commit the parties to a simultaneous improvement in costs, quality and delivery.
b) The two main groups with which performance indicators will be identified are:
(i) Overall company performance measures applicable to the businees and;
(ii) Improvement measures specific to the container repair division.
9.8 EXAMPLE OF IMPROVEMENT MEASURES WITHIN ROUS HEAD’S CONTAINER DIVISION INCLUDE, BUT ARE NOT LIMITED TO:
a) House keeping standard in work areas to be established and maintained.
b) Measurement and control of consumables
c) Container design and modification
d) Measurement and commitment to minimised sick leave through the introduction of an incentive scheme.
e) Measurement of, and reasons for, overtime
f) Measurement of down time
g) Maintenance program performance
h) The creation and upkeep of a stores and parts inventory system
i) Further programs of multi-skilling
j) Pro-active safety program
k) Work organization procedures
l) Development of maintenance and repair work procedures
m) Labour Flexibility
9.9 DEMARCATION
a) The parties agree to boilermakers and other tradespeople applying their full scope of skills across all facets of container fabrication and maintenance.
b) it is agreed by the parties that workshop personnel will undertake necessary forklift operations to service the workshop, as and when required. At least two employees will be selected for this type of work and, where required, training will be undertaken to ensure forklifts are operated in a correct and safe manner.
9.10 PAYS
New draft to be done by Baguley Engineering on payment of wages by cash with a view in the future of going to computer pays.
9.11 STARTING TIME
a) Depot Departure Time: Drivers will change to start of work at the employees notified starting time each day. Pre-start checks involving the checking of tyres, fuel, oil etc will be carried out prior to normal starting time.
b) Starting Times: Employees will commence work at 7:00am and finish their day at 3:06pm, Monday to Friday, to equal a 38 hour week.
9.12 CLOTHING
Employees issued with uniforms by the employer shall wear that clothing at all times whilst carrying out company business. Likewise, safety equipment supplied will be worn when performing relevant duties.
9.13 UNION MEETINGS
At least one forklift will be available to carry out normal duties during the course of union meetings, stoppages and limitations.
10. WAGE RATES
10.1 Members of the TWU
a) The wage rates payable under this agreement for ordinary hours of work for permanent employees are:
GRADE / WEEKLY RATECurrent / 1/7/2004 / 1/7/2005
($) / ($)
1 / 532.36 / 553.65 / 575.80
2 / 554.55 / 576.73 / 599.80
3 / 565.72 / 588.34 / 611.88
4 / 582.39 / 605.68 / 629.91
5 / 593.41 / 617.14 / 641.83
6 / 604.56 / 628.74 / 653.89
7 / 615.72 / 640.34 / 665.96
8 / 643.26 / 668.99 / 695.75
9 / 659.95 / 686.34 / 713.80
10 / 687.68 / 715.18 / 743.79
b) The wage rates in sub-clause (a) do not include allowances. Allowances shall be paid to employees as prescribed by this agreement, or if the agreement contains no provision for allowances, as prescribed by the Award.
c) Casual employees shall receive the wage rates prescribed in sub-clause (a) plus the casual loading prescribed by the Award for each hour worked.
d) The wage rates specified in this clause are to apply for the purposes of calculating all employee entitlements including, but not limited to, overtime, any form of paid leave, redundancy and superannuation.
10.2 Members of the AMWU
a) The wage rates are payable as follows:
GRADE / WEEKLY RATECurrent / 1/7/2004 / 1/7/2005
($) / ($)
C12 / 624.60 / 649.58 / 675.56
C10 / 715.15 / 740.63 / 770.26
C9 / 750.84 / 780.87 / 812.10
C8 / 786.54 / 818.00 / 850.72
a) The wage rates specified in sub clause 1 hereof shall be payable for all purposes.
b) Included in the foregoing rates is a $11.25 tool allowance, paid each week, as per clause 31. Wages and Supplementary Payments, sub clause (7), of the Award.
10.3 MEAL MONEY
An employee required to work overtime for two hours or more after working ordinary hours shall be paid a meal allowance of $15.00 in lieu of clause 36.2.1 of the Transport Workers Award 1998.
11. HEALTH AND SAFETY
On commencement of employment, new employees are to be inducted on Health and Safety requirements by the elected Health and Safety Representatives and on the Enterprise Bargaining Agreement by the Yard Delegate.
12. SETTLEMENT OF DISPUTES
a) The parties to this Agreement will operate under a dispute settlement procedure and it is the intention of the parties that the procedure is strictly adhered to.
b) The Settlement of Dispute Procedure shall be set out below: -
All matters shall be attempted to be resolved within the workplace. The following steps shall be followed until the matter is resolved.
i) any matter shall first be discussed between the employee and his/her supervisor; and
ii) the Union Delegate shall consult with the Manager on the matter.
c) If a matter is not resolved wit in the steps identified in sub-clause (b) discussions involving the State Secretary/Union Organiser, Divisional Manager and relevant Company officials shall take please (this could include the Company’s Industrial Relations Department).
d) Any matter which cannot be resolved shall be referred by either party to the Western Australian Industrial Relations Commission. A decision of the Commission shall be accepted by the parties as final, subject to any legal appeal procedures.
e) Pending the resolution of any matter in accordance with the above procedure work shall continue without disruption. The circumstances which applied immediately prior to the dispute arising shall apply until the final resolution of this matter.
f) No party shall be prejudiced as to final settlement by the continuance of work in accordance with this sub-clause.
13. INCOME PROTECTION SCEME
Baguley Engineering will provide income protection insurance equivalent, or superior to, the Injury and Sickness Scheme provided by IUS Insurance Broking Pty Ltd.
14. REDUNDANCY
Baguley Engineering’s redundancy package is:
a) Four (4) weeks pay in lieu of notice
b) Three (3) weeks pay per year for every continuous year of service from the starting date of employment with Temples Freight / Baguleys engineering
c) Pro rata long service leave for continuous service of five years or over.
d) Any redundancies will be on the basis of “last on/first off”
e) This agreement is to apply to all ex-Temple Freights WA North Fremantle container yard employees now transferred to Baguley Engineering. This is to be paid to any member made redundant in the future of Baguley Engineering.
15. LONG SERVICE LEAVE
15.1 The long service leave provisions published in Volume 80 of the Western Australia Industrial Gazette at page 1- 4 inclusive are hereby incorporated in and will be deemed to be a part of this agreement.
15.2 By mutual agreement, employees covered by this agreement will be entitled to take pro rata long service leave after 10 years of service.
16. SICK LEAVE BONUS
Bonuses paid on the following
0 sick leave taken $500.00
1 day sick leave taken $400.00
2 days sick leave taken $300.00
3 days sick leave taken $200.00
4 days or more taken then no bonuses shall be paid.
The bonus shall be from the period of 1st July 2004 – 1st June 2005 and from 1st July 2005 – 1st June 2006 and the payment shall be made in the first pay period of June 2005 and June 2006
17. DEFINITIONS
In this agreement, unless the context otherwise requires:
WAIRC means the Western Australian Industrial Relations Commission
Award mean the Transport Workers Award 1998 and the Metal Trades (General) Award No 13 of 1965
Employer means Baguley Engineering
Employee means any employee whose work is covered by this agreement
TWU means the Transport Workers Union of Australia, Industrial Union of Workers, Western Australian Branch
AMWU means the Australian Manufacturing Workers Union (registered as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch)
18. SIGNATORIES
This Agreement is made at Perth on this the 2nd day of May 2005
SIGNED for and on behalf of
___Signed______
Witness Representative
______
Name (Please Print) Name (Please Print)
SIGNED for and on behalf of
Transport Workers’ Union of Australia
_____Signed______
Witness Jim McGiveron
State Secretary
______
Name (Please print)
______
Witness John Allen
(Federal Secretary)
______
Name (Please Print)
Signed for and on behalf of
Australian Manufacturing Workers Union
Signed
______
Witness Jock Ferguson
State Secretary
______
Name (Please print)
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