lhmu IPLEX PIPELINE (WAREHOUSE) UNION RECOGNITION AGREEMENT 2005
Agreement No. 65 of 2005
1.TITLE
This Agreement shall be known as the “LHMU – iPlex Pipelines (Warehouse) Union Recognition Agreement 2005”.
2.ARRANGEMENT
1.TITLE
2.ARRANGEMENT
3.PERIOD OF OPERATION
4.APPLICATION OF THIS AGREEMENT
5. PARTIES BOUND
6.RENEGOTIATION OF AGREEMENT
7.EMPLOYEE REPRESENTATIVES/UNIONS
8. INCOME PROTECTION
9.DISPUTES RESOLUTION PROCEDURE
10. SIGNATORIES TO AGREEMENT
3.PERIOD OF OPERATION
3.1This Agreement shall operate from registration until 28 December 2006.
4.APPLICATION OF THIS AGREEMENT
4.1 For the purpose of this Agreement, 'Team Member’ means an employee on the payroll of iPlex Pipelines Australia Pty Limited who works within it’s warehouse operations.
4.2 This Agreement shall apply to iPlex Pipelines Australia Pty Limited located at 25 King Edward Road Osborne Park WA 6017, in respect of all Team Members employed therein who are members of or eligible to be members of the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch.
4.3 Commitment to Bargaining
In recognition of the parties commitment to promoting long term job security and career development for employees subject to this Agreement, iPlex will not for the duration of this Agreement employ persons in positions that would otherwise be covered by this Agreement under any form of individual contract or agreement made pursuant to the Workplace Relations Act 1996 (Cth), or the Industrial Relations Act 1979 (WA), as amended or superseded from time to time.
4.4Relationship to Award
This Agreement operates, and must be read and interpreted, wholly in conjunction with the Plastic Manufacturing Award 1977 (“the Award”).
4.5This Agreement applies to approximately 8 employees.
5. PARTIES BOUND
5.1This Agreement shall be binding upon:
(a)The Liquor, Hospitality and Miscellaneous Union, Western Australian Branch (“the Union”); and
(b)iPlex Pipelines Australia Pty Limited ABN 56 079 613 308 ("iPlex").
6.RENEGOTIATION OF AGREEMENT
6.1The parties agree to commence negotiations for a new collective Agreement to succeed this Agreement at least 4 months before the nominal expiry date of this Agreement. The parties intend to conclude these negotiations prior to the nominal expiry date.
6.2The negotiations will be conducted on a collective basis between the parties with the negotiated outcome being subject to approval by a vote of the team members collectively.
6.3Should negotiations for a new collective Agreement not be finalised prior to the nominal expiry date of this Agreement, the Agreement will continue to be observed for all team members by the parties, subject to the rights of the parties under the Industrial Relations Act 1979. Where iPlex agrees, a request by team member representatives and/or Union to extend the nominal expiry date of the Agreement for a further period of up to 12 months, will be made in writing and submitted for approval to the Western Australian Industrial Relations Commission.
7.EMPLOYEE REPRESENTATIVES/UNIONS
7.1 Training
The parties recognise that the provision of union training for team members may be appropriate to further the objectives of this Agreement. An elected workplace representative with more than six months continuous service, with approval of the Union, may apply (giving one month's notice) in writing to iPlex for up to five days paid leave each calendar year, not cumulative, to attend courses conducted or approved by the Union. iPlex will support such courses in order to promote improved industrial relations and industrial efficiency within iPlex.
7.2 Union Business
A nominated representative or official of a union (which is a party to this Agreement) is entitled to enter, at all reasonable times, the site to interview and consult with team members, without interfering unreasonably with iPlex business. It is expected that the union official will:
* Give adequate notice to the manager or team leader so that any meeting arranged can be scheduled to minimise disruption to normal operations and customer service.
* Inform the manager concerned upon arrival at the site.
* Comply with all site security and safety requirements.
iPlex will allow the Union to place Union notices and a copy of thisAgreement in a mutually agreed place accessible by Team Members.
7.3 Union Representatives
iPlex recognises representatives who are elected by team members as onsite representatives. Representatives will be allowed, subject to prior notification to their team leader, reasonable paid time to conduct on-site business with team members. In addition, representatives shall be allowed reasonable time off the site to attend Union meetings without loss of ordinary pay by prior Agreement with iPlex which shall not be unreasonably withheld.
7.4 Team Member Meetings
Team members attending union meetings on site will be granted paid release for up to four hours ordinary time per year. Such meetings will be organised to ensure minimum disruption to operations.
By agreement, additional paid site meetings may be held to consider and discuss matters relating to this Agreement. Accordingly, satisfactory arrangements are to be made for the maintenance of essential production during the meeting.
7.5Union Membership
The Union or it’s delegates will be given a reasonable opportunity to recruit new Team Members. No team member will be discriminated against on the basis of their decision to join, or not join any of the unions party to this Agreement.
7.6 Inspections
In the case of a dispute between the Union and iPlex which is likely to lead to a cessation of work or to an application to the Western Australian Industrial Relations Commission and which involves the inspection of machines in the process of production, such Union representatives shall have the right of inspection during times union members concerned are working, provided that this right of inspection complies with the rights set out in the Industrial Relations Act1979 (WA).
8. INCOME PROTECTION
8.1iPlex will provide Income Protection Insurance for all Full Time employees covered under this agreement through an iPlex broker, Auscover Insurance Agencies. Full details of this plan will be kept with the site contract manager. The broker may be changed at any time at iPlex’s discretion.
9.DISPUTES RESOLUTION PROCEDURE
9.1All parties commit to resolving issues in accordance with the following procedure and continue providing service to our customers without interruption or delay.
9.2 Procedure
Grievances and disputes, including any dispute arising as to the interpretation or application of this agreement, are to be discussed promptly between a team member(s) and their immediate team leader or manager with every attempt to identify and find solutions.
If the matter cannot be resolved the most senior iPlex site manager may be involved
At any stage of this process a team member(s) may elect to have a nominated representative involved which may be the accredited Union representative.
In the event of no agreement, a mutually agreed mediator will be utilised to assist in the achieving a resolution.
In the event of no resolution utilising the mediator (or agreement on the mediator to be utilised), the parties will refer the dispute to the Western Australian Industrial Relations Commission (WAIRC) for conciliation and/or arbitration as required. The determination by the WAIRC will be accepted by the parties
10. SIGNATORIES TO AGREEMENT
______/ 05/01/05iPLEX PIPELINES AUSTRALIA PTY LTD / Date
______/ _01/04/05
David Kelly
Secretary
Liquor, Hospitality and Miscellaneous Union,
Western Australian Branch / Date
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