Combined Metal Industries Industrial Agreement 2013, the AG 1/2014

THE Combined Metal Industries Industrial

Agreement 2013

AG 1 of 2014

SCHEDULE

THE COMBINED METAL INDUSTRIES INDUSTRIAL AGREEMENT 2013

PART 1 – AREA, SCOPE & PERIOD OF OPERATION

1.This Agreement –

(a)is an industrial agreement made under the Industrial Relations Act 1979;

(b)operates throughout Western Australia;

(c)commences from the beginning of the first pay period on or after 9 November 2013;

(d) continues in operation for 3 years thereafter;

(e)applies to and binds –

(i)each employee engaged in a classification listed in Part 8 -Wages;

(ii)Combined Metal Industries (CMI); and

(iii)the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers-Western Australian Branch (AMWU)

2.Continuous service with CMI under any under any prior industrial agreement or common law contract is considered to be continuous service under this Agreement.

3.This Agreement covers 150 employees.

4.Nothing in this Agreement shall be construed so as to reduce the take home pay of an employee during the term of this Agreement.

PART 2 –RELATIONSHIP WITH AWARDS

1.Subject to this clause, the provisions of the Metal Trades General Award are the provisions of this Agreement.

2.An express provision of this Agreement operates to the exclusion of the corresponding provision of the award.

3.Where there is an inconsistency between a provision of this Agreement and the award the provision of this Agreement prevails.

4.This Agreement operates to the exclusion of the Sheetmetal Workers Award to the extent it would otherwise apply.

PART 3 – COMBINED METAL INDUSTRIES VISION

1.Combined Metal Industries (CMI) vision is to ensure the continued and long term viability of its operations, thus providing job security for its employees; to provide a quality and committed service and to be the preferred contractor in its industry.

a)The parties acknowledge that this vision requires mutual commitment to developing and enacting a process of improved productivity and efficiency within CMI.

b)To secure this vision CMI, the AMWU and the employees agree to:

(i)Strive to achieve zero harm to all employees through a program of reporting hazards and adoption of Safe Systems of Work for all activities;

(ii)Foster an attitude of consensus and agreement based on consultation and negotiation in the workplace;

(iii)Enhance the multi-skilled capabilities of the employees in the workshops;

(iv)Aim to have a highly motivated, dedicated and loyal workforce;

(v)Establish a more productive working relationship between the workforce and management;

(vi)Continuously encourage employees to help reduce the costs associated with absenteeism; and

(vii)Foster improvements in the productivity and efficiency at the workplace to the benefit of the company and its employees.

2.CMI and its employees shall establish a Core Consultative Committee to assist in achieving this vision.

3.The responsibilities of the Core Consultative Committee are those detailed in the Core Consultative Committee Guidelines document in Schedule A.

PART 4 –ENGAGEMENT

1.An employee will be engaged on a full time, part time or casual basis.

2.A full time or part time employee will be engaged on a probationary basis for the first three (3) months. A period of employment with a contractor to CMI does not count towards the period of probation.

3.The Area Manager or Supervisor will monitor the employee’s performance on a monthly basis. At the end of the probationary period, subject to satisfactory performance, the employee may be offered continued employment within his or her role on a permanent basis.

4.During the probationary period the employee or CMI may terminate the employment by giving one (1) week’s notice or by paying or forfeiting as the case may be, one (1) week’s pay in lieu of notice.

5.CMI and a part time employee will agree upon engagement the number and pattern of hours to be worked. The agreement shall not provide for a part time employee to work less than four (4) ordinary hours on any day.

6.This agreement as to the number and pattern of hours to be worked by the part time employee may be varied at any time by further agreement.

7.A part time employee is entitled to the same terms and conditions as a full time employee but calculated on a pro-rata basis.

8.A casual employee is an employee who is engaged and paid as such. Casual employees are paid a 25% loading in lieu of the entitlements normally provided to permanent employees, including paid leave. A casual employee is to be provided with a minimum four (4) hours work on any day worked.

9.Casual employees are not entitled to paid public holidays.

10.A casual employee may elect to have his/her employment converted to permanent full/part time employment after 500 or more hours of continuous service if the employment appears likely to continue. This time worked as a casual shall not count towards any probationary period as a full time or part time employee.

11.As part of CMI’s commitment to safety and good employee relations, all new employees will be introduced to their area First Aider, elected OSH representative and elected Union Delegate. A copy of this agreement will be provided to any new employee upon request.

12.It is an essential condition of employment that an employee submit to any random drug and alcohol tests and comply with any occupational health and safety policies required by CMI.

13.All job applicants will be advised that pre-employment drug screening is a requirement of the selection process. An applicant must advise of any over the counter or prescription drug they are currently taking.

14.A positive result will be recorded when the results exceed the cut off level prescribed for that test by AS4308-1995, Recommended Practice for the Collection, Detection and Quantisation of Drugs of Abuse in Urine.

15.CMI will not employ applicants who refuse testing or are confirmed positive (other than for over the counter or prescription drugs).

PART 5 –GRIEVANCE AND DISPUTE RESOLUTION

1.The employees and the parties to this Agreement acknowledge that the object of this procedure shall be to promote the resolution of disputes by measures based upon consultation, cooperation and discussion to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages.

2.Where a question, dispute or difficulty arises, the employee concerned or the union delegate shall initially discuss the matter with the immediate supervisor.

3.If the question, dispute or difficulty is still unresolved, the employee, the union delegate and their supervisor or manager shall discuss and attempt to resolve the dispute with the appropriate manager.

4.Should the issue remain unresolved, either party may request that the matter be referred to a special meeting of the full Core Consultative Committee.

5.Where the foregoing discussions fail to resolve the matter, it shall be referred to a senior management representative and the relevant union organiser who shall take steps to resolve the grievance as soon as possible.

6.While these steps are being followed, work shall continue as normal unless an employee has a reasonable concern about an imminent risk to his or her safety.

7.If the question, dispute or difficulty remains unresolved, either party may refer the matter to the West Australian Industrial Relations Commission (WAIRC).

8.The WAIRC may deal with the dispute in two (2) stages.

WAIRC will first attempt to resolve the dispute as it considers appropriate including, by mediation, conciliation, expression of an opinion or making a recommendation.

Failing the above, the WAIRC will arbitrate the dispute and make a determination that is binding by both parties.

9.The parties will give each other the earliest possible advice of any problem which may give rise to a grievance or dispute.

10.At all stages, the emphasis shall be on achieving a consensus between management and employees.

11.The time taken for each step of this process should be as soon as reasonably possible but will not be more than 48 hours unless agreed between both parties.

PART 6 HOURS OF WORK

1.The maximum ordinary hours of work for full time and part time employees shall be 38 hours per week to be worked Monday to Friday between 6.00am and 6.00pm for day shift and between 12.00 noon and 12.00 midnight for afternoon shift. Any change to the start and finish times of ordinary hours are to be negotiated with majority agreement of the employees.

2.The ordinary hours shall be worked on the basis of two shifts working four days of 8 hours per day and one day of 6 hours, inclusive of a paid 15 minute tea break each day. An unpaid 30 minute meal break will be taken during each shift Monday to Thursday. Taking into account OSH and fatigue management issues there will be no meal break on Fridays.

3.Day shift in the metropolitan area shall commence at 7.00am.

4.Afternoon shift in the metropolitan area shall commence at 3.30pm other than on Friday when it shall commence at 1.00pm.

5.The spread of hours and the commencing and cessation times of each shift and breaks in shift may be altered by agreement between CMI and the majority of its employees.

6.CMI may request an employee to change shift or workplace site to meet the operational requirements of the business. Reasonable notice will be given to the relevant employee should this be required.

7.An employee who changes shift for the purpose of undergoing training shall not lose any shift loading for the period of training.

8.For the purposes of calculations and deduction of leave when taken, the standard day shall be the number of ordinary hours usually worked on the day of leave

9.Start and finish times for CMI sites located outside of the metropolitan areas will be those agreed with the majority of its employees at the site and branch management having regard to operational requirements

PART 7– OVERTIME

1.An employee may be required to work reasonable additional hours in excess of or outside ordinary hours. Such work shall be overtime. In the calculation of overtime, each day stands alone

2.Overtime will be offered in the first instance to individual employees who are directly and regularly engaged in the task requiring overtime. Should such employee’s decline the overtime it will be offered to individual employees at management’s discretion to suit operational requirements.

3.Any overtime worked Monday to Friday shall be paid for at the rate of 150% of the ordinary hourly rate for the first two hours and at the rate of 200% of the ordinary hourly rate for each subsequent hour.

4.Any overtime worked on a Saturday before 12.00 noon shall be paid for at the rate of 150% of the ordinary hourly rate for the first two hours and 200% of the ordinary hourly rate for each subsequent hour with a minimum engagement of four (4) hours

5.Any overtime worked on a Saturday afternoon or a Sunday shall be paid for at the rate of 200% of the ordinary hourly rate for each hour with a minimum engagement of four (4) hours.

6.Any overtime worked on a public holiday shall be paid for at the rate of 250% of the ordinary hourly rate with a minimum engagement period of four (4) hours.

PART 8 – WAGES, SUPERANNUATION AND INCOME PROTECTION

1.Employees engaged to perform tasks described in the CMI points schedule Pay Matrix will be classified into the relevant skill level and shall be paid no less than the following minimum rates.

CMI POINTS SCHEDULE PAY MATRIX

2.Employees will receive a payment of $100 bonus payment net prior to Christmas 2013. This is to be a once only payment

Effective from the first pay period commencing on or after 9th November 2014 CMI will increase its employee’s wages by 3%

Effective from the first pay period commencing on or after 9th November 2015 CMI will increase its employee’s wages by 3%.

3.CMI shall pay contributions in accordance with the Superannuation Legislation on a monthly basis on behalf of each eligible employee to an Approved Fund or scheme chosen by the employee. Where an employee does not nominate a complying fund, the default fund shall be Australian Superannuation Fund.

4.CMI will obtain and maintain for the term of this Agreement, an insurance policy providing personal injury and sickness income protection benefits to employees that are no less beneficial than those detailed in the ACE Insurance – Group Personal Accident Insurance policy 08PDSACEGPA01

PART 9 - ALLOWANCES

Shift Allowance

1.An employee on afternoon shift will be paid a shift allowance of 20 percent of the ordinary hourly rate for each ordinary hour worked.

2.An employee on a night shift commencing at or after 6.00 pm (if ever required) will be paid a shift allowance of 25 percent of the ordinary hourly rate for each ordinary hour worked.

Country Allowance

1.An employee employed at a country branch of CMI where administration duties form part of his required skillset will be paid a weekly allowance of $15.00

Service Pay

For each year of continuous service commencing on 9 November 2005 an employee shall be paid a service pay allowance as per the below table. Service prior to the 9 November 2005 shall not count in the calculation of service pay.

Competencies and Skills

a)It is a requirement of continued employment at CMI that employees maintain their trade competencies/skills.

b)An employee must undertake competency testing at periodic intervals determined by CMI.

c)An employee must pass the competency test.

d)An employee who fails two competency tests in any 12 month period may be terminated

Higher Duties

1.An employee engaged on duties carrying a higher rate than the employee’s ordinary classification shall be paid the higher rate for the time the employee is so engaged but if so engaged for more than two hours of one day or shift the employee shall be paid the higher rate for the whole day or shift. Employees engaged on a regular basis for less than two hours of one day or shift by the employer with the aim of avoiding the intent of this clause shall pay the employee the higher rate for the whole day or shift.

First Aid Allowance

1.An employee who is appointed to act as a First Aid Officer shall be paid a first aid allowance of $16.90 per week. CMI where practical will have a minimum of two appointed First Aid Officers per site. CMI shall bear any costs associated with the training of appointed First Aid Officers to St John Ambulance senior first aid level. (2 day course).

Meal Allowance

1.The meal allowance of $14.00 will paid for the life of the agreement.

PART 10 – LEAVE ENTITLEMENTS

A)Annual Leave

1.An employee is entitled to four weeks of paid annual leave for each year worked.

2.During a period of annual leave the employee will be paid the ordinary time wages they would have received if they had not been on annual leave. This does not include shift penalties, allowances or overtime.

3.In addition to the ordinary time wages, during a period of annual leave the employee will be paid a loading of –

(i)17.5% of the ordinary time wage if they work day shift; or

(ii)20% of the ordinary time wage if they work afternoon shift.

4.If a public holiday falls during a period of annual leave, that day will be paid as a public holiday and not as a day of annual leave.

5.Annual leave may be taken in minimum periods of one day at the employee’s request.

6.Any dispute in relation to the application of annual leave will be referred to the CCC.

7.Annual leave shall be taken by mutual agreement with the relevant manager and the employee and agreement will not be unreasonably withheld. A minimum of 48 hours’ notice is required for all leave unless otherwise negotiated. Annual leave should be taken within 12 months of the anniversary date so as to avoid a build up of annual leave entitlements. Accruing of leave in excess of 8 weeks will be cause for negotiation between the employee and relevant department manager.

B)Personal Leave

1.An employee is entitled to personal leave if the employee has sufficient personal leave credits and in accordance with this clause.

2.Personal leave accrues on the basis of 1.462 hours of leave for each completed week of service by a full time employee (pro rata for part time employees). A completed week of service means 38 ordinary hours of work or paid leave in the week.

3.The entitlement to personal leave arises when the employee is unable to attend or remain at work because of :

(iii)the personal ill health or injury of the employee; or

(iv)the ill health or injury of a close family member of the employee or an unexpected emergency affecting that close family member that requires the employee to provide care and support to that family member.

4.An employees who will be absent from work on personal leave is required to contact their supervisor personally (text messages and emails are not acceptable means of contact) and as soon as reasonably practicable, to advise of their personal illness or injury, the nature of it and how long they estimate they will be absent from work or in the event the leave is for carers leave, the identity of the immediate family or household member who is suffering the illness or injury, the nature of their illness or injury and how long their absence from work is likely to be