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Swan Portland Cement Ltd, Burswood Site,
Enterprise Bargaining Agreement 1995
No. AG 284 of 1995
1. -TITLE
This Agreement shall be known as the Swan Portland Cement Ltd, Burswood Site, Enterprise Bargaining Agreement 1995.
2. - ARRANGEMENT
1.Title
2.Arrangement of the Agreement
3.Scope
4.Parties Bound
5.Date and Period of Operation
6.Relationship to Award
7.Objectives
8.Continuous Improvement
9.Consultative Process
10.Hours of Work
11.Overtime
12.Wages
13.Classification Structure and Training
14.Travelling
15.No Further Claims
16.Dispute Resolution Procedure
17.Signatories
Appendix - Resolution of Disputes Requirement
Appendix 1Journey Injury Insurance
Appendix 212 Hour Shift Agreement(AWU)
Appendix 3Reclassification and Career Path Agreements
Appendix 4Redundancy Agreement
Appendix 5Wage Rates
3. - SCOPE
This agreement shall only apply to the parties bound and to employees of Swan Portland Cement at the Burswood site who are members or are eligible to be members of organisations who are named in clause 4 of this agreement, other than those appointed to salaried staff.
4. - PARTIES BOUND
(1)The parties bound by this agreement are:
(a)Australian Workers’ Union, Western Australian Branch, Industrial Union of Workers;
(b)Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch;
(c)Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch;
(d)Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, W.A. Branch;
(e)The Construction, Mining, Energy and Timberyards, Sawmills and Woodworkers Union of Australia (Western Australia Branch);
(f)Swan Portland Cement Ltd, ACN 008 667 785 (“The Employer”) in respect of employees of the Company other than those appointed to salaried staff.
(2)The parties to this agreement expressly accept that they are bound by the terms of this agreement throughout its duration and that they will oppose any applications by other parties to be joined to this agreement.
5. - DATE AND PERIOD OF OPERATION
This agreement shall operate from 1st July 1995. It shall remain in force until 30th June 1997 or until the closure of the Burswood site, whichever occurs earlier, and will not continue in force after its expiry.
6. - RELATIONSHIP TO AWARDS
(1)This agreement is to operate in conjunction with the relevant awards that the parties bound are respondent to, provided where there is any inconsistency between this agreement and the below mentioned awards, the provisions of this agreement shall prevail to the extent of the inconsistency.
(2)The relevant Awards are:
(a)Cement and Lime Employees’ (Swan Portland Cement Limited) Award No. A 26 of 1988 (R);
(b)Metal Trades (General) Award 1966 No. 13 of 1965;
(c)Transport (General) Workers Award No. 10 of 1961;
(d)Engine Drivers (General) Award No. R21A of 1977.
7. - OBJECTIVES
(1)Increase productivity and efficiency on an individual and group level.
(2)Improve team work.
(3)Introduce task flexibility.
(4)Be more responsive to our employees needs.
(5)Increase the skill levels of all employees, utilise these skills and increase opportunities with career paths, internal, and external mobility.
(6)Provide counselling and training to assist employees to prepare for new careers.
8. - CONTINUOUS IMPROVEMENT
(1)All parties are to encourage an active involvement in the company approach to Total Quality Management for teams. This will include activities such as:
(a)Team Training.
(b)Process Improvement Teams.
(c)Workplace Teams.
(2)A person not participating for genuine reasons will not be discriminated against although such a person would be counselled jointly by both the Company and Union on site representatives.
(3)All employees will be committed to legislative standards related to Safety, Environmental Licence conditions related to Waste Management and Housekeeping, and quality to the AS 3902 Quality System standards as a minimum.
9. - CONSULTATIVE PROCESS
(1)In conformity with the State Wage Principle a Consultative Committee has been established, it consists of members or eligible members of the AWU(4 of), TWU(2 of), AFMEU(2 of), CMETU(1 of), CEPU(1 of), respective Union Officials and designated Management representatives.
(2)The parties to this agreement have recognised the need for a more flexible approach to the hours of work and/or other general conditions of employment and therefore specific trial arrangements of alterations to the ordinary hours of work and/or other general conditions of employment shall be permissible in accordance with the following procedure:
(a)Initially, any proposed alteration shall be discussed at the local level after all relevant parties to this Agreement have been advised of the nature of the proposal. In this regard the company shall utilise the local consultative structures established.
(b)The company and the local Consultative Committee shall endevour to reach agreement regarding any proposal. Once mutual agreement has been reached the terms of the proposal shall be communicated in writing to all directly affected employees.
(c)If the Parties to the Agreement are unable to reach agreement on any aspect of a Structural Change proposal, then the status quo is to remain.
(d)The Unions involved in the agreement shall be notified in writing of the terms of the proposal.
(e)The proposal shall be implemented on a fixed term basis only if and when a majority vote (voting as the appropriate union policy) of each of the union groups that are directly affected have consented to such a trial implementation and the State Secretary of the Union(s) involved and the company General Manager (the “parties”) have been advised in writing of the commencement date and duration of any trial arrangement.
(f)At the completion of the trial arrangement stated in subclause (e) hereof a vote of all directly affected employees shall be arranged jointly by representatives of the parties for the purpose of determining whether or not the majority of those employees affected wish to continue the changes on a more permanent basis.
(g)Only in the event of the majority vote (voting as the appropriate union policy) and the mutual consent of the parties to continue the changed arrangement on a more permanent basis either party to the arrangement may seek to include the changes within the agreement.
(h)If the majority (voting as the appropriate union policy) mentioned in subclause (g) hereof is not achieved the method of implementing the ordinary hours of work and/or other general conditions of employment existing prior to the trial period prescribed by this clause shall be reverted to.
10. - HOURS OF WORK
(1)Day workers
(a)The ordinary working hours of day workers shall be 38 per week to be worked in 5 days (Monday to Friday inclusive) of not more than 8 hours each. These hours of work shall be worked continuously except for meal breaks, between 6am and 6pm provided that the actual ordinary hours of work shall be determined between the company and the majority of employees in the plant or work section or sections concerned.
(b)Provided that in each 20 working days one ordinary working day shall be allowed as a rostered day off.
(2)Shift workers
(a)Non continuous shift employees may work such ordinary hours on any or all of the days of the week provided that all time worked during ordinary hours on a Saturday or on a Sunday shall be paid for at overtime rates in accordance with Clause 11-Overtime, of this Agreement.
(b)Provided further that the ordinary hours of a non continuous shift worker shall not be altered to include a Saturday or a Sunday unless agreement to the change is reached between the employer and the Union.
(c)Continuous shift employees shall work such ordinary hours on not more than five days in each period of seven days in the work cycle.
(d)The ordinary hours of all shift employees shall be inclusive of a total of 30 minutes crib break. Such breaks shall be taken at a time so as not to stop production.
(3)General
(a)The ordinary hours prescribed by this clause shall be worked on five days in each week of any three weeks and four days in one week within the work cycle and where possible shall be worked according to a roster, but this does not prevent the company adjusting such a roster to maintain the efficient conduct of the company’s business.
(b)Prior to any adjustment of the roster the company shall consult the employees and Union and shall make every endeavour to reach mutual agreement.
(c)Where parties are unable to agree on a roster the company may, within fourteen days of notice given after the conclusion of the discussions referred to in clause (3) (b) hereof post a roster which shall as far as practicable take account of the views of the Union and the employees concerned.
(4)All workers
(a)No employee shall be required to work for a period of more than six hours without a meal break. This break is to be taken between the fourth and sixth hour where practicable. The daily timing of this break is flexible to meet any production/maintenance requirements.
(b)A paid rest period of 10 minutes shall be allowed to each employee during each shift and shall be taken at a mutually agreed time.
(5)Notice of rostered day off
An employee entitled to a rostered day off in accordance with the 38 hour week arrangements may vary, or substitute, the rostered day off, so arranged, by agreement between the employee and the employer.
11. - OVERTIME
(1)Day workers
(a)All time worked in excess of or outside the ordinary hours and times prescribed by this agreement shall be paid for at the rate of time and a half.
(b)All hours worked after 12.00 noon on Saturdays is to be paid at double time.
(c)Provided that overtime worked after 2 hours on any day shall be paid for at the rate of double time.
(d)All work on a Sunday shall be paid for at the rate of double time.
(2)Shift workers
Time worked outside of the ordinary working hours as prescribed shall be paid for at the rate of double time.
(3)Call out
(a)An employee required to come to work from home after the employee’s regular hours shall be paid a minimum of 4 hours at penalty rates.
(b)The employee shall not be required to work the full four hours if the job he/she was recalled to perform is completed within a shorter period, except where jobs critical to plant operation arise.
(4)Crib time when working overtime
Day workers required to work 2 hours or more overtime after their usual ceasing time shall be allowed paid 20 minutes for crib (which may be taken in relays) and at intervals of every 4 hours thereafter.
(5)Meal allowance
An employee required to work overtime for two hours or more after the ordinary ceasing time without being notified the previous day or earlier that he/she will be so required to work shall either be supplied with a meal by the employer or paid the meal allowance as prescribed by the Metal Trades General Award 1966 No. 13 of 65.
(6)Requirement to work reasonable overtime
The Company may require any employee to work-reasonable overtime and the employee shall work overtime in accordance with such requirement.
(7)Rest period after overtime
(a)When overtime work is necessary it shall, wherever reasonably practicable be so arranged that employees have at least ten consecutive hours off duty between the work of successive work periods/shifts.
(b)An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of work on the next day that he/she has not had at least ten consecutive hours off duty between ordinary work periods shall, subject to this paragraph be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c)If, on the instructions of his/her employer such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at double time until he/she is released from duty for such period and he/she shall then be entitled to be absent; until he/she has had ten hours off duty without loss of pay for ordinary working time occurring during such absence.
12. - WAGES
In recognition of current work place flexibilities and continuing cooperation to implement and develop the improvement initiatives detailed in this agreement, the rates of pay shall be increased by 8% from July 1 1995.
The payrates will be further increased according to the following:
5% increase as of January 1 1996
2% increase as of July 1 1996
The pay rates are shown in Appendix 5.
All employees shall be paid fortnightly by direct deposit into an account of a recognised financial institution of their choice unless otherwise agreed with the company.
13. - CLASSIFICATION STRUCTURES AND TRAINING
The intent of the classification structure is as follows:
(1)Progression through a chosen career path can be maintained by the acquisition of the required number of skills defined in each successive grade.
(2)Opportunities exist for each individual to move to the highest grade available within his/her ability and chosen career path, providing that the agreed requirements for work being carried out by each grade is maintained.
(3)At every grade within the structure, all employees will be required to :
(a)Follow all Safe Work Practices and Safe Entry Procedures.
(b)Comply with all necessary training requirements.
(4)Subject to agreement between the parties, all employees will be required to
(a)Operate flexibly between tasks within their classification.
(b)Participate in the training of other employees, if requested to do so.
(c)Work without direct supervision.
(5)The Company will :
(a)Recognise bona fide skills in an assessment for re-classification.
(b)Provide a fair monetary reward for the acquisition of skills, responsibility, flexibility and experience, agreed between the Company and the employees.
(c)Not retrench any employee as a result of this agreement.
(6)Training/Accreditation
(a)Training will be a mixture of agreed in-house and on-the-job training and external courses.
(b)It may be possible to train in-house and then attend an external institution or body for testing and accreditation.
(c)Wherever possible,skills will be portable and accredited.
(d)The Company is committed to ensuring that approved training is provided to employees and that this training will continue after cessation of the Burswood operations where reasonable and practical.
(7)In order to facilitate training and to allow some employees to accept a redundancy before closure of operations at the Burswood site the parties agree to the following task flexibility arrangements:
(a)An employee may be directed to perform a task using a skill which does not form part of the employee’s normal duties, or the employees skill pool, or the skills used to determine the employees existing rate of pay (as shown in Appendix 5). There will be no additional payment for such work as this has been recognised in the increases incorporated in this agreement provided that the work so undertaken shall be within the competency of the employee, and can be performed without compromising safety.
(b)Further to the above, where production/maintenance requirements can not be achieved through utilisation of Swan Portland Cement employees, casual and/or contract labour will be used on an as-required basis.
(c)Not withstanding the provisions of this agreement the provisions of this clause shall not be used to restrict employees access to reclassification, career path structures and the corresponding rates of pay.
14. - TRAVELLING
The Company shall provide journey injury insurance as detailed in Appendix 1.
15. - NO FURTHER CLAIMS
(1)The parties accept that this document represents a comprehensive fixed term agreement which will equitably govern the workplace arrangements of the company.
(2)There will be no further wage increases over the period of operation of this Agreement.
16. - DISPUTE RESOLUTION PROCEDURE
(1)The objective of the parties during any dispute is to reduce the level of industrial confrontation through a process of co-operation, consultation and agreement.
(2)In the event of any dispute arising, the parties will use every endeavour to resolve the dispute as quickly as possible.
(3)Where a dispute cannot be resolved, the parties commit to meet as soon as possible with the appropriate management and union representatives.
(4)To resolve the matter in dispute in an orderly and professional manner, the Company will afford the unions all necessary facilities to achieve an outcome satisfactory to all parties.
(5)While the parties are seeking an appropriate resolution of the matter(s) in dispute, the status quo shall remain and work will continue where safe.
17. - SIGNATORIES
Swan Portland Cement Limited by the Works Manager
Australian Workers Union, Western Australian Branch, Industrial Union of Workers
Transport Workers Union of Australia, Industrial Union of Workers, Western Australia Branch
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, W.A. Branch
The Construction, Mining, Energy and Timberyards, Sawmills and Woodworkers Union of Australia (Western Australia Branch)
Consultative Committee Members
APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(1)This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23May 1997 (Labour Relations Legislation Amendment Act 1997).
(2)Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.
(a)The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.
(b)(i)If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.
(ii)Discussions at this level will take place as soon as practicable.
(3)The terms of any agreed settlement should be jointly recorded.
(4)Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.