1
SWISPEC PTY LTD ENTERPRISE BARGAINING AGREEMENT 1996.
No. Ag 72 of 1997
1. - TITLE
This Agreement shall be known as the:
SWISPEC PTY LTD ENTERPRISE BARGAINING AGREEMENT 1996.
2. - ARRANGEMENT
1.Title
2.Arrangement
3.Area and Scope
4.Parties Bound
5.Date and Period of Operation
6.Application of Agreement
7.No Extra Claims
8.Objectives of Agreement
9.Dispute Procedure
10.Consultative Process
11.Training
12.Measures to Achieve Gains in Productivity,
Efficiency and Flexibility
13.Monitoring of Agreement
14.Wages
15.Signatories
3. - AREA & SCOPE
This Agreement shall apply to SWISPEC PTY LTD, and it’s approximately 40 employees who are members or eligible to be members of the Union in the classifications set out in Clause 14. - Wages of this agreement and the Union and shall operate within the State of Western Australia.
4. - PARTIES BOUND
This Agreement is made this 31 July 1996 between:
(1)SWISPEC PTY LTD
(2)The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia, Engineering and Electrical Division, WA Branch having its office at 401-403 Oxford Street, Leederville, Western Australia , (the Union).
5. - DATE AND PERIOD OF OPERATION
This Agreement shall operate from 1 May, 1996 and shall remain in force until 31st December, 1997 or its earlier cessation in accordance with subclause (2) of Clause 6. - Application of Agreement.
6. - APPLICATION OF AGREEMENT
(1)(a)Where the parties to this Agreement are also parties to an Agreement which applies to a specific project the parties agree to discuss whether the provisions of this Agreement will apply to that project in lieu of the specific Project Agreement.
(b)If it is agreed that the specific Project Agreement applies then the conditions of this Agreement shall not apply.
(c)If it is agreed that meaningful productivity increases can be achieved, but this Agreement cannot be implemented in full, then wage increases available from this Agreement may be introduced on a “pro rata” basis. The increases available from this Agreement will be a maximum of those contained in Clause 14. - Wages of this agreement.
(2)The parties agree that if, following a review of this Agreement by the parties and the Consultative Committee, and agreement is reached that this Agreement places and continues to place SWISPEC PTY LTD and its Employees at a competitive disadvantage, and productivity and flexibility have not improved then SWISPEC PTY LTD have the option of reverting to work under the Award.
(3)No part of this Agreement shall be used by the Union, SWISPEC PTY LTD or its Employees as evidence or example before any Industrial Tribunal or proceedings not directly concerned with work covered under this Agreement.
(4)No part of this Agreement shall be otherwise used by the Union, SWISPEC PTY LTD or its Employees as evidence or example before any Industrial Tribunal or any other Contractor.
(5)(a)Where a specific project or Site Agreement is generally applicable on a site where work is undertaken by SWISPEC PTY LTD , the specific Project or Site Agreement shall take precedence over this Agreement.
(b)This agreement shall not apply to Swispec Pty Ltd or its employees engaged in contract work on the Worsley Alumina Stretch Project or the Westralian Sands SR2 Project.
(c)(ii)Where the parties are unable to agree upon the applicability or otherwise of this Agreement to the work both parties acknowledge the other party’s legal rights to protect their respective interests.
(iii)Both parties have the option of suspending this Agreement effective immediately provided that the suspension shall only extend to the application of this Agreement to the work on the Specific Project or Site.
(6)Pursuant to this Agreement and its measures to achieve gains in productivity, efficiency and flexibility, SWISPEC PTY LTD shall provide the rates of pay prescribed in Clause 14. - Wages which shall be paid in lieu of the minimum weekly rate provided for in the Award.
(7) This Agreement shall operate in conjunction with the Electrical Contracting Industry Award F22 of 1978 (the Award). Where any inconsistency exists between this agreement and the award, this agreement will take precedence to the extent of the inconsistency.
7. - NO EXTRA CLAIMS
(1)The employees and the union shall not pursue with Swispec any extra claims outside this agreement, for the life of this Agreement.
(2)Consistent with the Arbitrated Safety Net Adjustment Principle any future Safety Net Wage Adjustment, or other award wage increases, shall be absorbable to the extent of any equivalent amount in rates of pay paid pursuant to this Agreement. Future Safety Net Adjustments shall not increase the wage rates contained in Clause 14.- Wages of this agreement.
8. - OBJECTIVES OF AGREEMENT
(1)The parties acknowledge their commitment to the principles of enterprise bargaining.
(2)The parties agree that as a result of this Agreement, SWISPEC PTY LTD need to achieve productivity improvements to continue to hold a competitive edge within the market place by:
(a)heightening awareness and acceptance of accountability levels of all in the contracting process within SWISPEC PTY LTD operations;
(b)encouraging SWISPEC PTY LTD employees to accept responsibility in helping manage the total project performance including that of subcontractors;
(c)developing concepts of best practise, continuous improvement and quality control to enhance productivity and efficiency;
(d)developing a co-operative and harmonious working environment in the enterprise;
(e)developing better employee management practises that promote shared concepts of skill formation, learning, teamwork, participation, flexibility and communication;
(f)introducing best practise procedures in workplace health and safety and personnel management;
(g)developing and following procedures to eliminate lost time and make better use of available working time, eg, start and finish at designated workplace at normal start and finish times;
(h)establishing measures to ensure ordered relations exist between SWISPEC PTY LTD and the union on SWISPEC PTY LTD work sites;
(i)enhancing job satisfaction;
(j)improving SWISPEC PTY LTD competitiveness to help improve job security.
(3)It is agreed that the measures in this agreement, properly implemented and carried out, will assist in the achievement of those objectives.
9.- RESOLUTIONS OF QUESTIONS, DISPUTES OR DIFFICULTIES
The parties undertake that when any question, dispute or difficulty arise between the union and SWISPEC PTY LTD or its employees, or a matter arises which is likely to cause a dispute for any reason whatsoever, the procedures contained in Clause 27 - Grievance Procedure and Special Allowance of the Award shall be followed.
10. - CONSULTATIVE PROCESSES
(1)Effective participation and acceptance of accountability levels in the construction process, and achievement of the common goal and objectives of this agreement, are enhanced by genuine consultation between SWISPEC PTY LTD and its employees.
(2)(a)The Consultative Committee (the Committee) may be established within SWISPEC PTY LTD. The composition and size of the Committee shall be determined by the parties.
(b)The Committee will initially be chaired by SWISPEC PTY LTD Contract Manager or nominee. A representative of the union may attend meetings. A representative of the CCI may attend the meetings.
(3)(a)The role of the committee is to act as a forum for consultation, guidance and advice between SWISPEC PTY LTD and its employees on matters such as monitoring and reviewing:
(i)implementation of this agreement and its objectives;
(ii)determination of Benchmarks, Best Practice and Continuous Productivity Improvement;
(iii)The Skills Formation Programme and ancillary training;
(iv)the Productivity Improvement Programme;
(v)communication between SWISPEC PTY LTD and its employees; and
(vi)fostering a consultative and co-operative environment and setting and accepting appropriate levels of accountability and responsibility.
(b)The Committee is a consultative and advisory group and it is recognised by all parties that final and overall accountability for company performance rests with SWISPEC PTY LTD.
11. - TRAINING
(1)SWISPEC PTY LTD acknowledge the changing pace of technology in the Electrical Contracting Industry and the need for employees to understand those changes and have the necessary skill requirements to keep SWISPEC PTY LTD at the forefront of the Industry.
(2)The parties to this agreement recognise that in order to increase the efficiency, productivity and competitiveness of SWISPEC PTY LTD, commitment to training and skill development is required. Accordingly, the parties commit themselves to:
(a)developing a more highly skilled and flexible workforce; and
(b)providing employees with career opportunities through appropriate training to acquire the additional skills as required by SWISPEC PTY LTD.
(3)It is agreed that a training programme be developed consistent with:
(a)the current and future skill needs of SWISPEC PTY LTD;
(b)the size, structure and nature of SWISPEC PTY LTD and
(c)the need to develop vocational skills relevant to SWISPEC PTY LTD and the electrical contracting industry.
12. - MEASURES TO ACHIEVE GAINS IN PRODUCTIVITY,
EFFICIENCY AND FLEXIBILITY
(1)Award Matters
It is agreed between the parties that all work performed for SWISPEC PTY LTD shall be performed in accordance with this agreement and with the award as varied by this agreement and in conjunction with, where applicable, other industry agreements.
(2)Flexibility of Hours, Breaks and RDO’s
It is agreed that employees will be flexible in the following areas:
(a)where it is agreed between SWISPEC PTY LTD and the majority of affected employee(s) SWISPEC PTY LTD may reschedule ordinary working hours;
(b)the spread of hours may be altered by agreement between SWISPEC PTY LTD and the majority of employees in the plant or section(s) concerned;
(c)agreement to reschedule ordinary working hours and to alter the spread of hours shall not unreasonably be withheld;
(d)flexibility of rest periods and meal intervals which may be staggered or otherwise arranged at a time and in a manner to suit the convenience of SWISPEC PTY LTD in conjunction with the provisions paragraph (1) (e) and (f) of Clause 11. - Hours of the award; and
(e)flexibility of rostering employees’ days off;
It is agreed that when SWISPEC PTY LTD wish to reschedule an RDO, SWISPEC PTY LTD will endeavour to provide reasonable notice to the employee(s), RDO’s may be substituted by agreement in accordance with the award, which agreement shall not unreasonably be withheld.
(3)Maintenance of Workplace
All employees are committed to ensure their workplace is maintained in a clean and safe condition.
(4)Overtime
(a)Overtime will be worked in accordance with the Award, Clause 12 - Overtime. In particular the employees agree to strictly adhere to subparagraphs (2)(f)(i) and (ii) of Clause 12. - Overtime.
“(2)(F)(i)An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.”
“(2)(f)(ii) The union party to this award, or employee or employees covered by this award, shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon working or overtime in accordance with the requirements of this subclause.”
(b)Overtime may be worked on a RDO weekend as required by SWISPEC PTY LTD. SWISPEC PTY LTD will endeavour to give employees who are required to work on a RDO weekend such prior notice as is reasonable in all the circumstances.
(c)SWISPEC PTY LTD will introduce a roster system to endeavour to allocate overtime hours in a fair and equitable manner at SWISPEC PTY LTD discretion, provided that this will not disadvantage SWISPEC PTY LTD in any way.
(d)In conjunction with the roster system SWISPEC PTY LTD will select the employees required to work overtime according to the needs of SWISPEC PTY LTD and the particular project.
(e)When overtime has been scheduled and these employees have committed himself or herself to work overtime such commitment must be honoured. Where an employee has a valid reason to be absent, in accordance with award provisions, the employee is obligated to advise SWISPEC PTY LTD, as soon as possible prior to overtime commencement of that fact and the reasons therefore, so that alternative arrangements may be made.
(5)Place of Start and Finish Work
It is agreed that all employees will be dressed and ready to start work at their normal start time at the designated workplace and work will finish at their normal finish time and place. On construction work the workplace shall be deemed to be the nearest SWISPEC PTY LTD compound or smoko shed.
(6)Footwear
It is agreed that employees who have been issued with safety footwear will have such safety footwear replaced on a fair wear and tear basis. There shall be no automatic reissue of footwear where an employee is placed on a new site.
(7)Uniforms and Clothing
It is agreed that employees issued with a SWISPEC PTY LTD uniforms and clothing shall wear such items during all work hours and each employee shall maintain his/her uniform in a respectable condition as approved by SWISPEC PTY LTD.
It is agreed the employees who have been issued with clothing will have such uniforms/clothing replaced on a fair wear and tear basis. There shall be no automatic reissue of clothing where an employee is placed on a new site.
(8)Care of SWISPEC PTY LTD Property
(a)It is agreed that employees will treat all SWISPEC PTY LTD property, plant and equipment with due care and respect to ensure replacement is kept to a minimum. All property, plant and equipment shall be returned to the designated storage area each day.
(b)a tradesperson or apprentice shall replace or pay for any tools supplied by SWISPEC PTY LTD if lost through his/her negligence. See paragraph (20)(b) of Clause 18 - Special Rates and Provisions of the award.
(c)It is agreed that all employees are committed to reducing the cost of maintenance and minimising theft and time spent looking for equipment not returned to its designated storage area.
(9)Company Vehicles
Where an employee is provided the use of the company vehicle to conduct company business that the employee shall ensure that:
(a)the vehicle is kept clean and free of rubbish;
(b)the vehicle’s oil and fuel requirements are regularly checked to maintain the vehicle in a ready-for-use condition; and
(c)any defects that come to the employee’s attention are reported to SWISPEC PTY LTD immediately.
(10)Care of Consumables
It is agreed that all employees are committed to ensure maximum usage of materials and consumables is achieved and will exercise due care and precaution to prevent wastage. All employees are committed to identifying further ways in which wastage can be reduced.
(11)Quality Management
It is agreed that all employees shall co-operate fully with the development and implementation of SWISPEC PTY LTD Quality Management Systems and procedures, and will continually strive to improve the quality of the products and services supplied by SWISPEC PTY LTD. Employees are committed to reduce rework and complete tasks the first time, and eliminate the need to return to finish incomplete work.
(12)Time Sheets and Day Labour Sheets
(a)It is agreed that employees will punctually and correctly fill of time sheets for each pay period.
(b)It is agreed that where required by SWISPEC PTY LTD operating procedures. eg, service work and day works, employees shall promptly and correctly fill out SWISPEC PTY LTD Day Labour Sheets.
(13)Co-operation Between Employees and Supervisors
(a)It is agreed that employees shall assist in the management of efficiency and production of sites by advising the supervisory staff at the earliest available opportunity if:
(i)it is anticipated that a material shortfall may occur, and if a shortfall does occur;
(ii)faulty hand tools are on site;
(iii)production is likely to be delayed or is delayed by other trades; and
(iv)work is not being carried out accordance with the specifications plans or with the SAA Wiring Rules.
(b)Employees will take an active role to ensure that sufficient quantities and correct types of materials are available at the job site to maximise time at the workplace.
(c)Employees will take an active role in care and maintenance of the workplace to eliminate safety hazards.
(14)Use of Expertise and Duties
(a)It is agreed that employees who have undertaken the appropriate training or obtained the appropriate license to operate plant and equipment, such as cherry pickers, boom lifts and hiab trucks, will exercise these skills or use such licenses when required to by SWISPEC PTY LTD.
(b)Employees’ duties shall include any work for which the employee has requisite qualifications required in connection with the Electrical Contracting Industry.
(16)Rest Period
(a)A rest period of 10 minutes shall be allowed in accordance with the following:
(i)Subject to the provisions of this paragraph, a rest period of 10 minutes from the time of ceasing to the time of resumption of work shall be allowed each morning.
(ii)The rest period shall be counted as time off duty without the deduction of pay and shall be arranged at a time and in a manner to suite the convenience of the employer.
(iii)Refreshments may be taken by employees during the rest period but the period of 10 minutes shall not be exceeded under any circumstances.