Samcon WA Industrial Agreement

Samcon WA Industrial Agreement

AG NO. 296 OF 1995

1. - Title

This Agreement will be known as the Samcon WA Industrial Agreement.

2. - arrangement

1.Title

2.Arrangement

3.Area and Parties Bound

4.Application

5.Duration

6.Dispute Settlement Procedure

7.Single Enterprise

8.Relationship With Awards

9.Enterprise Agreement

10.Wage Increase

11.Redundancy Pay and Superannuation

12.Clothing and Footwear

13.Training Allowance and Training Leave

14.Seniority

15.Sick Leave

16.Productivity Initiatives

17.No Extra Claims

18.Ratification

Appendix A - Wage Rates

3. - area and parties bound

This is an Agreement between The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers (hereinafter referred to as the “Union”) and Samcon WA Pty Ltd (hereinafter referred to as the “Company”) in the State of Western Australia.

4. - application

This Agreement shall be binding upon the Company, the Union, its officers and members, and any person eligible to be a member of the Union employed by the Company on work covered by the scope and terms of the Building Trades (Construction) Award 1987, No. 14 of 1978 (the “Award”).

5. - duration

This Agreement shall commence from the first pay period on or after the date of ratification as indicated in Clause18. - Ratification of this Agreement and shall continue in effect until 31July 1997. Provided that nothing in this clause shall prevent the implementation of a comprehensive enterprise agreement as detailed in Clause9. - Enterprise Agreement of this Agreement.

The parties agree to commence discussion on the terms and conditions of any future agreement within three calendar months prior to the expiration of this Agreement.

6. - Dispute settlement procedure

The dispute settlement procedure that shall apply to this Agreement shall be in the same terms as that outlined in Clause46. - Settlement of Disputes of the Award.

7. - single enterprise

It is agreed that this Agreement applies in respect of a single enterprise as defined in Clause41A(2) of the WAIndustrial Relations Act, 1979 as amended (the “Act”).

8. - RELATIONSHIP WITH AWARDS

This Agreement shall be read wholly in conjunction with the Award. Where this Agreement is silent on rates of pay and other matters pertaining to the employment relationship, the Award shall apply. Where there is conflict between the rates of pay, conditions, allowances and other matters in this Agreement and the Award the higher rate shall apply.

9. - enterprise agreement

It is agreed that in the event of the Union and the Company agreeing on the terms of a comprehensive enterprise agreement, this Agreement may be terminated in accordance with the requirements of the Act (ie. 30days notice of termination).

10. - wage increase

This Agreement provides for increases in the hourly rate resulting in the wage rates in AppendixA - Wage Rates of this Agreement.

11. - REDUNDANCY PAY AND SUPERANNUATION

The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.

It is a term of this Agreement that the Company will continue to meet its current level of payment into the Western Australian Construction Industry Redundancy Fund and will increase its level of payment into the Construction + Building Unions Superannuation Scheme to $50 per week per employee (except apprentices) from 1December 1995. Provided that nothing in this Agreement shall affect the terms of the Company’s Deed of Adherence to the C+BUS scheme.

Compliance, Nomination and Transition

Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -

(a)Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -

(i)the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii)under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;

(b)The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;

(c)The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;

(d)A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(e)The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;

(f)The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;

Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -

(g)if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;

(h)if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.

12. - clothing and footwear

(1)The following items will be supplied to each employee by the Company, upon the completion of five working days.

(a)1 pair safety boots, which will be replaced on a fair wear and tear basis.

(b)2 T-shirts with collars per year.

(2)The Company will also make available to each employee, when requested by them, sun screen lotion and sun brims to fit over safety helmets.

13. - Training Allowance AND Training Leave

(1)From 1October 1995 the Company agrees to pay to the Union Education and Training Fund a training allowance of 20cents per hour per employee (except a casual or apprentice) who is either a member or eligible to be a member of the Union.

(2)The Company shall have access to the audited accounts of the Union Education and Training Fund.

(3)Subject to all qualifications in this clause, an employee shall, upon application in writing to and with approval of the Company, be granted a reasonable period(s) of leave with pay each calendar year to attend training courses conducted or approved by the National Building and Construction Industry Training Council (NBCITC) and which are applicable to the employee’s employment. The Company’s approval shall not be unreasonably withheld.

(4)The application for leave shall be given to the employer at least two weeks in advance of the date of commencement of the course.

(5)The time of taking leave shall be arranged so as to minimise any adverse effect on the Company’s operations.

(6)The Company shall not be liable for any additional expenses associated with an employee’s attendance at a course other than the payment of wages as specified in AppendixA - Wage Rates of this Agreement for up to eight hours ordinary time per day.

(7)The employee shall provide proof of attendance at a training course if required to do so by the Company prior to receiving payment for such course.

(8)Leave of absence granted pursuant to this clause shall count as service for all purposes of this agreement.

(9)Any disagreement over any issue contained in this clause shall be resolved in acordance with Clause6. - Dispute Settlement Procedure of this Agreement.

14. - SENIORITY

(1)The parties agree that continuity of employment is desirable wherever possible, and that where it is not possible, employees will be retrenched in order of seniority.

(2)When applying the “first on last off” principle it is agreed subject to the caveat of “all things being equal”, it is intended to apply on a state basis rather than a site by site basis.

(3)It is recognised that from time to time instances may arise where the employee’s individual skills may be subject to this caveat. Where there is any disagreement as to the application of this, the matter will be processed in accordance with Clause6. - Dispute Settlement Procedure of this Agreement.

(4)Provided that nothing shall prevent the Company from instantly dismissing any employee for serious misconduct.

15. - sick leave

For sick leave accrued From 1October 1995, the following will apply:

The Company’s employees shall have the option of:

(1) Being paid up to five days unused sick leave per annum and having the balance of unused sick leave accrue and paid out on termination; or

(2)Having all unused sick leave accrued paid out on termination; or

(3)If an employee who has been terminated by the Company without exercising the above option is re-engaged within a period of six months, the unpaid balance of sick leave shall continue from the date of re-engagement.

16. - PRODUCTIVITY INITIATIVES

In exchange for the significant wage increases and other benefits to employees which are provided in this Agreement, it is agreed that the following initiatives will be implemented as a means to improve productivity:

(1)All demarcation issues will be resolved in accordance with Clause6. - Dispute Settlement Procedure of this Agreement.

(2)The parties to this Agreement agree to adopt a reaosnable and flexible approach to working hours in terms of starting and finishing times. Ordinary hours may be worked between 6.00am and 6.00pm on any week day.

(3)Meetings of Union members held on site will be kept to a minimum and, wherever possible, held at a time likely to cause minimal disreuption to work being performed on site.

(4)All parties agree to adopt a reasonable and flexible approach to inclement weather in order to minimise lost time caused through inclement weather.

(5)Any employee elected as a Job Steward or Health and Safety Representative will be required to carry out meaningful work, as directed by the Company, in addition to his/her duties as a Job Steward or Health and Safety Representative.

17. - NO EXTRA CLAIMS

(1)The Union agrees not to pursue any additional over-award claims against the Company for the duration of this Agreement.

(2)The parties to this Agreement agree to review any provision of this Agreement which is deemed contrary to any applicable legislation enacted by either state or federal government.

18. - RATIFICATION

The signatures that follow testify to the fact that this Agreement shall come into effect from the first pay period on or after 22nd November 1995.

(signed) (signed)

ON BEHALF OF THE UNIONON BEHALF OF THE COMPANY

SAMCON (WA) PTY LTD

Dated: ...... Dated: ...... 16/11/95......

APPENDIX a - WAGE RATES

(1)Builders’ Labourers and Tradespersons

1 September 1995 / 1 February 1996 / 1 August 1996 / 1 February 1997
Hourly Rate / Hourly Rate / Hourly Rate / Hourly Rate
Labourer Group 1 / $13.75 / $14.21 / $14.66 / $15.11
Labourer Group 2 / $13.27 / $13.71 / $14.15 / $14.59
Labourer Group 3 / $12.92 / $13.35 / $13.77 / $14.20
Plasterer, Fixer / $14.29 / $14.76 / $15.23 / $15.70
Painter, Glazier / $13.97 / $14.43 / $14.89 / $15.35
Signwriter / $14.26 / $14.73 / $15.20 / $15.68

(2)Apprentices

Apprentices shall receive the following percentages of the applicable wage rates contained in subclause(1) of this Appendix:

First Year42%

Second Year55%

Third Year75%

Fourth Year88%

VARIATIONRECORD

Samcon WA Industrial Agreement

No. AG 296 of 1995

Delivered 10/01/96 at 76 WAIG 371

Consolidated

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1. Title