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RCR TOMLINSON LTD (PERTH ENGINEERING) ENTERPRISE AGREEMENT 1998
No. AG 95 of 1998
CONTENTS
CLAUSE PAGE
PART A - FORMALITIES AND DEFINITIONS
1. TITLE 3
2. OBJECTIVES OF AGREEMENT 3
3. STYLE OF AGREEMENT 3
4. PARTIES BOUND BY THIS AGREEMENT 4
5. APPLICATION OF THIS AGREEMENT 4
6. DATE AND PERIOD OF OPERATION 4
7. RELATIONSHIP TO AWARD 4
8. NO EXTRA CLAIMS 4
9. COPY OF AGREEMENT 4
10. FUTURE NEGOTIATIONS 5
11. DEFINITIONS 5
PART B - FLEXIBLE WORK ARRANGEMENTS
12. RELATIONSHIP OF PART B OF THIS AGREEMENT TO THE AWARD 6
13. CLASSIFICATIONS AND DUTIES 6
14. HOURS OF WORK 6
15. SHIFT WORK 8
16. OVERTIME 9
17. PUBLIC HOLIDAYS 11
18. ANNUAL LEAVE - FLEXIBILITY PROVISIONS 11
19. SICK LEAVE 12
PART C - PRODUCTIVITY AND PAY
20. MINIMUM RATES OF PAY 13
21. PRODUCTIVITY AND PERFORMANCE PAYMENTS 14
22. OTHER ALLOWANCES 16
23. PAYMENT OF WAGES 16
PART D - OTHER PROVISIONS
24. CLOTHING AND BOOTS 17
25. EMPLOYEE TRAINING 17
26. INCOME PROTECTION INSURANCE SCHEME DEDUCTIONS 17
27. SUPERANNUATION 18
28. CONSULTATIVE ARRANGEMENTS 18
29. PROBLEM SOLVING AND AVOIDING DISPUTES 19
APPENDIX A - FLEXIDAYS 20
SIGNATURES OF THE PARTIES 21
PART A – FORMALITIES AND DEFINITIONS1. TITLE
This Agreement shall be known as the RCR Tomlinson Ltd (Perth Engineering) Enterprise Agreement 1998.
2. OBJECTIVES OF AGREEMENT
The objectives of this Agreement are to assist RCR and its employees in their commitment to:
2.1 Introducing flexible work arrangements that are suited to both the needs of the business and the employee's personal needs;
2.2 Fostering a culture that encourages a spirit of cooperation and trust;
2.3 Developing a reputation for providing excellent customer service;
2.4 Fully utilising our plant to ensure maximum return on our investment in capital and therefore our continued viability;
2.5 Simplifying administration of rostering and payroll procedures to ensure greater efficiency and enable us to be more responsive to customer needs;
2.6 Reducing the amount of rejected work which will reduce costs and ensure prompt delivery to customers;
2.7 Participating in training and development to improve employees’ skills and experience which will assist in the achievement of these objectives, reaching performance and productivity targets and enhancing employees work and responsibilities.
Achieving the above objectives will enable RCR to prosper and grow and therefore provide greater job security and rewards to its employees.
3. STYLE OF AGREEMENT
3.1 How This Agreement Was Made
This Agreement was made through consultation with the Works and Safety Committee, RCR managers, and the Union. Before applying for this Agreement to be registered, the majority of employees in RCR Tomlinson’s Perth engineering operations voted in favour of this Agreement and RCR managers agreed to apply for its registration.
3.2 Plain English
RCR believes that it is important for its employees to fully understand this Agreement. For that reason, where ever possible this Agreement has been written in plain English, the "employee" has
been referred to as "you"/"your" etc and the employer is referred to as "RCR".
4. PARTIES BOUND BY THIS AGREEMENT
This Agreement shall be binding upon:
4.1 RCR Tomlinson Ltd; and
4.2 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers Western Australian Branch.
5. APPLICATION OF THIS AGREEMENT
5.1 This Agreement shall apply to all employees at RCR who work in RCR Tomlinson’s engineering operations in Perth and who would, but for this Agreement be bound by the terms of the Award.
5.2 The parties to this Agreement and the employees referred to in 5.1 above agree that they shall apply and abide by the terms of this Agreement.
5.3 The number of employees that this agreement shall apply to upon registration of this agreement is approximately 40.
6. DATE AND PERIOD OF OPERATION
This Agreement shall take effect from the beginning of the first pay period commencing on or after the date of signing of this Agreement by the parties and shall remain in force for a period of two years.
7. RELATIONSHIP TO AWARD
Except where this Agreement specifically overrides the Metal Trades (General) Award 1965 no 13 of 1966, it shall be read and applied in conjunction with the Award. Where there is any inconsistency with the Award, this Agreement shall prevail to the extent of the inconsistency.
8. NO EXTRA CLAIMS
The parties to this Agreement and employees covered by this Agreement agree that there shall be no extra claims outside this Agreement before the expiry of this Agreement .
9. COPY OF AGREEMENT
A Copy of this Agreement shall be made available to each employee before it is registered by the Commission. A copy of the final Agreement shall also be provided to each employee after it is registered. The registered Agreement shall also be available for inspection at the work place.
10. FUTURE NEGOTIATIONS
RCR engineering operations employees and the Union agree to commence negotiations approximately 3 months before this Agreement ends, with a view to agreeing on a replacement Agreement.
11. DEFINITIONS
11.1 “Agreement” shall mean the RCR Tomlinson Ltd (Perth Engineering) Enterprise Agreement 1998.
11.2 “Award” shall mean the Metal Trades (General) Award 1965 no 13 of 1966.
11.3 "Commission" shall mean the Western Australian Industrial Relations Commission.
11.4 "Ordinary Hours" shall mean the hours of work specified in subclause 14. HOURS OF WORK of this Agreement.
11.5 "Ordinary rate of pay" shall mean the rate of pay provided in this Agreement for ordinary hours worked.
11.6 “RCR ” shall mean RCR Tomlinson Ltd.
11.7 “Union” shall mean the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers Western Australian Branch.
11.8 "You" or "your" or the like, shall at all times refer to the employee.
PART B - FLEXIBLE WORK ARRANGEMENTS12. RELATIONSHIP OF PART B OF THIS AGREEMENT TO THE AWARD
The clauses in Part B of this Agreement shall completely replace the following clauses in the Award:
Clause 13. - HOURS;
Clause 14. - OVERTIME;
Clause 15. - SHIFT WORK; and
Clause 19. - SICK LEAVE.
13. CLASSIFICATIONS AND DUTIES
13.1 This Agreement covers all of the classifications of work that are covered by the Award.
13.2 In addition to the specific duties under your classification, you shall be required to carry out any duties that are incidental or peripheral to your main tasks or functions and are within the limits of your skills, competence and training.
14. HOURS OF WORK
14.1 Ordinary Hours of Work - General Flexibility Provisions
The ordinary hours of work shall be worked in accordance with the following:
14.1.1 38 hours per week which may be worked as 38 hours per week or may be averaged over a cycle longer or shorter than one week;
14.1.2 Ordinary hours shall be worked on any days of the week from Monday to Friday inclusive, except when working shift work in which case, ordinary hours may be worked on a Saturday or Sunday for the purpose of starting or finishing shifts;
14.1.3 Ordinary hours for all employees, except when working shift work, shall be worked between the spread of 6.00am to 6.00pm or some other spread of hours as agreed between you and RCR;
14.1.4 Ordinary hours shall not exceed 10 hours on any day;
14.1.5 Ordinary hours shall be consecutive except for a meal break;
14.1.6 Preparation for work (eg changing into work clothing) and washing up at the end of your shift shall be carried out in your own time;
14.1.7 Your rostered hours of work shall be arranged and changed from time to time by RCR in accordance with 14.3 Arrangement Of Ordinary Hours Of Work.
14.2 Ordinary Hours of Work During the Life of This Agreement
14.2.1 To help achieve the objectives of this Agreement, during the life of this Agreement different ways of working ordinary hours of work may be examined and introduced by RCR and the Works and Safety Committee.
14.2.2 Any new arrangement/s of ordinary hours that are introduced during the life of this Agreement:
(A) Must be developed with consideration given to the issues specified in subclause 14.3 below;
(B) Must still operate within the terms of subclause 14.1 above; and
Must be agreed between RCR and the majority of employees in the engineering operations.
14.2.3 Notwithstanding clause 14.2.2 RCR may implement a system of flexidays in relation to any group of employees covered by this Agreement by giving four weeks’ notice. Implementation of flexidays shall be in accordance with the conditions set out in Appendix A to this Agreement.
14.3 Arrangement of Ordinary Hours of Work
When arranging your starting and finishing times, the number of hours, and the days on which you will be required to work, RCR shall discuss any changes with you and the Works and Safety Committee, where agreement shall be reached after taking the following issues into consideration:
14.3.1 forecasted and actual customer demand;
14.3.2 the most productive and efficient way to operate;
14.3.3 maximum utilisation of the plant at the workplace;
14.3.4 your personal and family needs;
14.3.5 applying the flexible work arrangements fairly to all employees in your section;
14.3.6 giving you reasonable notice of a change in your hours.
14.4 Meal and Rest Breaks
14.4.1 You shall not be required to work for more than 5 hours without an unpaid meal break of 30 minutes, except where an alternative arrangement is agreed between you and RCR. Where the majority of employees in the engineering operations agree, you may work 6 hours instead of 5 hours before a break.
14.4.2 Each morning you shall be entitled to a paid rest break of 15 minutes, including wash up time, to be taken at a time and in a manner determined by your Supervisor or Manager to ensure minimal disruption to the work in your area.
15. SHIFT WORK
15.1 Introducing Shifts
15.1.1 Work in any section of the Perth engineering operations may be carried out on afternoon and/or night shifts.
15.1.2 Any change to shift work shall where practicable be introduced in accordance with 14.3 Arrangement Of Ordinary Hours Of Work.
15.1.3 Regardless of 15.1.2 above, where the work load has increased significantly or there is an urgent need to meet customer demand, you shall be required to be available to carry out shift work at short notice, in which case you shall be paid in accordance with 15.2 below.
15.1.4 Shift work may be worked between any spread of ordinary hours which may commence and finish outside the spread of hours in 14.1.3.
15.2 Payment For Shift Work
15.2.1 Shift work on Monday to Friday shall be paid at 15% more than your ordinary rate of pay.
15.2.2 Where a shift starts at or after 11.00 pm on any day, the whole of that shift shall be deemed to have been worked on the following day.
15.2.3 Where the first afternoon or night shift in any week starts on Monday night, the night shift starting on Friday and ending no later that 8.00 am on Saturday shall be deemed to be ordinary hours and shall be paid at the shift work rate.
15.2.4 By agreement between the Works and Safety Committee and RCR, the first afternoon or night shift in any week may start on Sunday to enable you to have Friday night off work. In such case, any time worked on Sunday shall be deemed to be ordinary hours and shall be paid at the shift work rate (ie. 15%).
15.3 Shifts Must Be Consecutive
15.3.1 Shifts shall be for five consecutive afternoons or five consecutive nights, Monday to Friday, unless the ordinary hours in your section are worked over less than five days in one week, in which case the number of consecutive shifts shall equal the number of ordinary days worked in your section.
15.3.2 Where you are required to work on less than the number of consecutive shifts in accordance with 15.3.1 above, hours worked on such shifts shall be part of your ordinary hours of work but such hours shall be paid at overtime rates.
15.3.3 Shifts shall be deemed to be continuous where they are broken due to work not being carried out on a Saturday, Sunday, public holiday, day of paid leave, or a flexiday.
16. OVERTIME
16.1 You may be required to work reasonable overtime and shall not unreasonably refuse.
16.2 Overtime shall mean all work performed outside your ordinary hours of work in accordance with Clause 14. HOURS OF WORK.
16.3 Overtime Payments
16.3.1 Overtime worked on Monday to Friday inclusive shall be paid as follows:
First 2 hours per day - time and one half based on your ordinary rate plus shift work penalty (if you are working shifts);
After 2 hours per day - double time based on your ordinary rate.
16.3.2 Work done up to 12.00 noon on Saturday shall be paid as follows:
First 2 hours per day - time and one half based on your ordinary rate;
After 2 hours per day - double time based on your ordinary rate.
16.3.3 Work done after 12.00 noon on Saturday or on Sunday shall be paid as follows: