Cockburn Cement Limited Agreement 1993

COCKBURN CEMENT

LIMITED AGREEMENT 1993

No. AG 72 of 1993

1.-TITLE

This agreement shall be known as the Cockburn Cement Limited Agreement 1993.

2.-ARRANGEMENT

1.Title

2.Arrangement

3.Scope and Parties to the Agreement

4.Date and Period of Operation

5.Relationship to Parent Award

6.Bargaining Unit

7.Intent of the Agreement

8.Annualised Salaries

9.Hours of Work

10.Leave Conditions

11.Superannuation

12.Redundancy

13.Use of Contractors

14.Review and Renewal of Agreement

15.Team Leader Allowance

16.Signatories

Appendix - Resolution of Disputes Requirement

Appendix 1. - Salary Rates and Allowances

3.-SCOPEANDPARTIESTOTHEAGREEMENT

(1)This agreement shall apply to Cockburn Cement Limited, and the employees employed in the classifications mentioned herein, at the main works in Russell Road and Woodman Point.

(2)The following unions are parties to this agreement:

(a)Metals and Engineering Workers' Union - Western Australian Branch.

(b)The Australian Workers' Union, West Australian Branch, Industrial Union of Workers.

(c)Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch).

(d)The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia - Western Australian Branch.

(e)Merchant Service Guild of Australia, Western Australian Branch, Union of Workers.

(f)Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch.

(3)The parties will oppose any applications by other parties to be joined to this agreement.

4.-DATEANDPERIODOFOPERATION

This agreement shall operate on and from the 2nd December 1993 and shall remain in force until 30 October 1995 and shall, subject to Clause 14. - Review and Renewal of Agreement, cease thereafter.

5.-RELATIONSHIPTOPARENTAWARD

(1)This agreement shall be read and interpreted wholly in conjunction with the Cockburn Cement Limited Award 1991 No. A 14 of 1991, provided that where there is any inconsistency, the terms of this agreement shall prevail.

(2)Except as provided in subclause (1) hereof, the parties undertake for the term of this agreement to maintain and adhere to the entitlements and conditions contained within the award.

6.-BARGAININGUNIT

(1)The organisations of employees covered by this agreement have formed a bargaining unit in accordance with the requirements of the January 1992 State Wage Case Decision of the Western Australian Industrial Relations Commission (72 WAIG 191).

(2)The bargaining unit has held negotiations and reached full agreement on the terms of this consent agreement.

7.-INTENTOFTHEAGREEMENT

The intent of this agreement is to provide all employees with a guaranteed annual salary. Fortnightly pay will be constant, whether on annual leave, long service leave, sick leave, paternity leave, bereavement leave, workers' compensation or other approved reasons.

8.-ANNUALISEDSALARIES

(1)Employees fortnightly payment shall be one twenty-sixth of the annual deemed salary for the employee's grade as set out in Appendix 1. - Salary Rates and Allowances.

(2)The annualised deemed salary includes the ordinary 72 hour fortnight and consolidation of all existing award pay additions and allowances (except first aid, travel and meal allowance) plus a committed number of additional worked hours as set out in Appendix 1. - Salary Rates and Allowances.

(3)Salary adjustments arising from short term anomalies shall be determined for each fortnight and implemented in the following pay period. Such adjustments shall not be considered as forming part of the annual salary. They will include:

(a)Payment for temporary team leader (leading hand) duties (minimum period one working day).

(b)Change of grade (minimum period of 72 continuous ordinary hours).

(c)Any period of unpaid leave.

9.-HOURSOFWORK

(1)The hours of work for each employee will comprise ordinary hours in accordance with the award plus the overtime hours required in accordance with each employee's commitment to additional hours as provided in this clause.

(2)The salary package is offered and accepted on the understanding that cover will be provided as requested (and within reason) to meet the operational and maintenance needs of the company.

(3)The intent of the agreement is not to manufacture extra working hours in order to ensure total use of hours committed.

(4)Consistent with the relevant departments' requirements and by mutual agreement individuals may be allowed to change their additional hours commitment level to meet changed personal circumstances.

(5)The company shall be obliged:

(a)To minimise the use of additional hours and, in particular, the need for employees to attend on rostered days off and call outs.

(b)To not seek the attendance of employees unreasonably.

(c)To ensure that employees within all grades and at all levels proportionally share all additional hours, as equally as possible.

(d)To acknowledge that, exceptionally, prior commitments may restrict an employee's availability to work additional hours on a particular occasion. This does not absolve the employee from the responsibility of working a fair share of additional hours.

(6)An employee commencing part way through the year will be offered a pro-rata number of additional hours based on the additional hours requirement of the department determined at that time.

(7)Where it is necessary to work additional hours, employees will be given as much notice as practicable in the circumstances.

(8)(a)The additional hours of attendance of each employee will be recorded. This information will be regularly updated and made available for review on a fortnightly basis.

(b)Records will be available to each employee to show how many additional hours have been credited as the year progresses so that the use of this time is proportionally balanced between individuals. The balance of hours outstanding will be notified to each employee at fortnightly intervals.

(c)Further records will be kept to show the number of occasions when individuals work on rostered days off, are "called out" or work on a public holiday, with the aim of ensuring fairness.

(9)All training outside of ordinary working hours will be debited against additional hours committed.

(10)Where it is necessary to call someone back to work, the minimum number of hours in attendance shall be recorded for the purposes of subclause (8) hereof as four. For hours worked in additional to four, the actual number of hours attended will be credited. In either case, travelling time of one hour will also be credited as one additional hour.

(11)Additional hours' commitments (as shown in Appendix 1. - Salary Rates and Allowances) are those hours worked in addition to a 72 hour fortnight.

(12)At the end of each twelve month period, the outstanding balance of unused additional hours, will be written off and not carried forward as an on-going obligation of the employee.

Any committed additional hours which are written off, will not result in a reduction of salary.

As such, the additional hours' committed by each employee for the year are the maximum the employee will be required to work.

10.-LEAVECONDITIONS

(1)(a)Sick Leave

Except as provided in paragraph (b) hereof, sick leave will continue to be provided in accordance with Clause 17. - Sick Leave of the award except that existing entitlements and additional sick leave entitlements accrued and utilised during the term of the agreement will be paid at the annualised salary rate contained in Appendix 1. - Salary Rates and Allowances of the agreement.

(b)An employee who is claiming payment for sick leave in accordance with subclause (9) of Clause 17. - Sick Leave of the award will only receive payment at the award rate of pay for his/her classification.

(2)Annual Leave

Annual leave will continue to be provided in accordance with Clause 14. - Annual Leave of the award except that existing entitlements and additional entitlements accrued and utilised during the term of the agreement will be paid at the annualised salary rate contained in Appendix 1. - Salary Rates and Allowances of the agreement. Notwithstanding the award conditions, the payment for annual leave as provided in this subclause shall be inclusive of 17.5% loading.

(3)Public Holidays

Public holidays will continue to be provided in accordance with Clause 15. - Public Holidays of the award except that existing entitlements and additional entitlements accrued and utilised during the term of the agreement will be paid at the annualised salary rate contained in Appendix 1. - Salary Rates and Allowances of the agreement.

(4)Long Service Leave

Long service leave will continue to be provided in accordance with Clause 16. - Long Service Leave of the award except that existing entitlements and additional entitlements accrued and utilised during the term of the agreement will be paid at the annualised salary rate contained in Appendix 1. - Salary Rates and Allowances of the agreement.

By request payment for long service leave may be made at commencement of the leave period.

(5)Paternity Leave

Any paternity leave granted during the term of this agreement in accordance with Clause 19. - Paternity Leave of the award shall be paid at the annualised salary rate contained in Appendix 1. - Salary Rates and Allowances of the agreement.

(6)Bereavement Leave

Any bereavement leave granted during the term of this agreement in accordance with Clause 20. - Bereavement Leave of the award shall be paid at the annualised salary rate contained in Appendix 1. - Salary Rates and Allowances of the agreement.

11.-SUPERANNUATION

Notwithstanding the provisions of subclause (2) of Clause 27. - Superannuation of the award, calculation of the company's contribution to the Productivity Superannuation Scheme for the term of the agreement shall be based on the deemed annualised salary contained in Appendix 1. - Salary Rates and Allowances of the agreement. The level of contribution will be increased to 7.5% of annual deemed salary for the term of the agreement, and will replace all existing company contributions inclusive of the CCL Scheme.

12.-REDUNDANCY

Redundancy will continue to be provided in accordance with Clause 26. - Redundancy of the award except that entitlements to payment will be based on the annualised salaries contained in this agreement for the term of this agreement.

13.-USEOFCONTRACTORS

(1)Due to decreased manpower levels because of sickness, holiday leave, long service leave, workers' compensation, alternative duties, excessive plant breakdowns, contractors may be utilised to supplement existing manning levels.

(2)The company will maintain contractor use at appropriate levels to ensure the needs of individual departments are met as determined by the respective department head with due consultation with the shop floor committee.

14.-REVIEWANDRENEWALOFAGREEMENT

(1)The operation of this agreement will be monitored at regular intervals by the Consultative Committee and reviewed by all parties during its two year term. A formal review of this agreement will occur on a yearly basis.

(2)The parties will review the agreement three months prior to the end of the agreement period. Such a review is expected to result in the re-negotiation or renewal of the conditions and entitlements within the agreement.

15.-TEAMLEADERALLOWANCE

In addition to the salaries prescribed above a team leader (previously known as leading hand) allowance will be paid at the rate of 5% of the respective deemed salary level. This will then become his/her actual deemed salary.

16.-SIGNATORIES

M.Brydon

On behalf of Cockburn Cement Limited

J.Sharp-Collett

Metals and Engineering Workers' Union - Western Australian Branch.

R.Blewett

The Australian Workers' Union, West Australian Branch, Industrial Union of Workers.

W.E.Game

Australian Electrical, Electronics, Foundry and Engineering Union (Western Australian Branch).

R.Todd

The Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia - Western Australian Branch.

TedBoronovskis

Merchant Service Guild of Australia, Western Australian Branch, Union of Workers.

J.J.O'Connor

Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch.
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.

(5)Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

(6)Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..

APPENDIX1.-SALARYRATESANDALLOWANCES

(1)Day Workers

Additional hours commitment for 1st year and 2nd year.

Grade 200 400 600

$$$

837,50044,00051,000

736,50042,50049,000

635,00041,00047,500

533,50039,50045,500

432,50038,00044,000

331,00036,50042,000

230,00035,00040,500

128,50033,50038,500

(2)Main Works Shift Rosters

Additional hours commitment for 1st year and 2nd year.

Grade3 Shift4 Shift5 Shift

$$$

852,00048,50049,000

750,50047,00047,000

649,00045,00045,000

547,00043,50043,000

445,00042,00041,000

343,00040,00039,500

241,50038,50037,500

139,50037,00035,000

Note: The above salary levels are all inclusive of 150 additional hours.

(3)Woodman Point Shift Rosters

3 Shift Roster

Grade $

852,000

750,500

649,000

547,000

445,000

343,000

241,500

139,500

Note: The above salary levels are all inclusive of 550 additional hours.

(4)Floating Plant Roster

GradeAdditionalHours $

DOG434554,000

DOG334552,000

DOG234550,000

DOG138549,000

VARIATIONRECORD

COCKBURN CEMENT LIMITED AGREEMENT 1993

NO. AG 72 OF 1993

Delivered 02/12/93 at 73 WAIG 3388

Consolidated at

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1. Title