RCR TOMLINSON LTD (BAYSWATER AND WELSHPOOL) ENTERPRISE AGREEMENT 2004
AG 18 OF 2004
Clause no.SubjectPage No.
1.Title of and Parties to Agreement...... 2
2.Relationship to Parent Award...... 2
3.Duration of Agreement...... 2
4.Renewal of Agreement...... 2
5.Purpose and Application of Conditions...... 2
6.Wages and Allowances...... 3
7.Payment of Wages...... 4
8.Superannuation...... 4
9.Journey Cover...... 4
10.Hours of Work...... 4
11.Shift Work...... 6
12.Overtime...... 6
13.Annual Leave...... 7
14.Public Holidays...... 9
15.Sick Leave...... 9
16.Carer's Leave...... 9
17.Bereavement Leave...... 10
18.Parental Leave...... 11
19.Work Clothing and Boots...... 11
20.Health and Safety...... 11
21.Changes with Significant Effect...... 12
22.Redundancy...... 12
23.Training...... 13
24.Equal Opportunity and Discrimination...... 14
25.Problem Solving and Avoiding Disputes...... 14
1. – TITLE OF AND PARTIES TO AGREEMENT
1.1This agreement shall be known as the RCR Tomlinson Ltd (Bayswater and Welshpool) Enterprise Agreement 2004.
1.2The parties to this Agreement are:
(a)RCR Tomlinson Ltd, 239 Planet Street, Welshpool
(This agreement shall apply to RCR employees engaged in classifications of work covered by the Metal Trades (General) Award at RCR operations at Welshpool and Bayswater in Western Australia.) and
(b)The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers West Australian Branch, 121 Royal Street, EastPerth.
2. – RELATIONSHIP TO PARENT AWARD
The terms and conditions on the Agreement override and displace the terms and conditions of the Metal Trades (General) Award. However, any remaining employment conditions and entitlements in the Award that are not dealt with by this Agreement shall continue to apply to the employees at RCR Tomlinson Ltd (Bayswater and Welshpool).
3. – DURATION OF AGREEMENT
This agreement shall take effect on the 1 January 2004 and shall expire on 31 December 2006.
The number of employees that this agreement shall apply to upon registration is approximately fifteen (15).
4. – RENEWAL OF AGREEMENT
Negotiations for a new agreement will commence one month prior to the expiry of this agreement.
5. – PURPOSE AND APPLICATION OF CONDITIONS
5.1The purpose of these Conditions are:
(a)to establish standard employment conditions throughout RCR;
(b)to recognise and respect the skills and needs of individual employees;
(c)to provide the basis for a long term mutual commitment from both employees and RCR; and
(d)to encourage multi-skilling and further training
(e)to provide RCR with an industry competitive employment structure.
5.2In these Conditions "RCR" means RCR Tomlinson Ltd.
5.3These Conditions are to be read in conjunction with any Site Specific Conditions of Employment that apply to the employee while at that Site. Those conditions may relate to specific arrangements for work hours and remuneration relating to site specific conditions.
5.4The Terms and Conditions in the Individual Terms and Conditions of Employmentshall be read in conjunction with these Standard Conditions of Employment.
Note: Where there are any inconsistencies between this agreement and the Individual Terms and Conditions of Employment and the award this agreement shall prevail to the extent of any inconsistencies.
Except where this agreement specifically overrides the Metal Trades (General) Award 1966 No. 13 of 1965, it shall be read and applied in conjunction with the Award. Where there is any inconsistency, this agreement shall prevail to the extent of the inconsistency
6. – WAGES AND ALLOWANCES
6.1Performance Review
Supervisors will conduct an appraisal and interview prior to each 12 month anniversary of employee’s employment date.
6.2Wage Review
Your total wage rate will increase by the % shown in Column 2 of the Schedule below and is inclusive of the following:
- The industry value of your work
- The cost of living increase
- Your performance
- The performance of the Company
Where the employee receives a higher weekly rate of pay for ordinary hours of work, at the time this agreement commenced, nothing in this agreement shall cause the employee rate of pay to fall below that rate.
Column 1
/ Column 2Date Increase Applicable
/ EBA % Increase / Payments to commence from the First Full Pay Period beginning on or after the date in Column 11 / 01/01/2004 / 3% / 12/01/2004
2 / 01/07/2004 / 2% / 12/07/2004
3 / 01/01/2005 / 2% / 10/01/2005
4 / 01/07/2005 / 2% / 11/07/2005
5 / 01/01/2006 / 2% / 10/01/2006
6 / 01/07/2006 / 2% / 11/07/2006
6.3Junior Pay Rate
The Junior rate of pay will be determined according to the individual's experience in the trade, academic background and aptitude for the job as per the factors listed in 1.0 In the Individual Wage Schedule.
6.4Casual Employee
The Casual employee hourly rate of pay is calculated to include:
- A base rate; and
- A payment in recognition of employee Skills and Qualifications: and
- 20% casual loading.
The casual hourly rate of pay also includes all other allowances and entitlements (where applicable) such as but not limited to the following:
Tool Allowance
First Aid Allowance
Leading Hand Allowance
6.5Living Away Allowance
A "Living Away From Home" allowance will be paid if employees are asked to stay overnight on a remote site to work. The "Living Away From Home" allowance will be $25.00 per night. No other Site Allowances or Special Rates of any kind will be paid whilst working on clients' work sites. Accommodation charges, whilst at a remote site, will be paid by RCR.
6.6Travel Time
While travelling to a site within the Perth Metro Area, normal single and overtime rates will be paid to all people travelling. While travelling outside the Perth Metro Area, only the driver will be paid normal single and overtime rates. The passengers will be paid at normal single time rates. Both the driver and the passengers will only be paid for actual travel time.
6.7Meal Allowance
If the employee is given 24 hours notice or more, the employee can be asked to work more than 12 hours per shift without being given a Meal Allowance. If less than 24 hours notice is given, the employee will be paid a Meal Allowance which will be $10.00 paid via the payroll.
7. – PAYMENT OF WAGES
7.1The employee wages will be paid fortnightly in arrears by electronic funds transfer into a bank, building society or credit union account nominated by the employee.
7.2Payroll deduction of union fees will be available to those employee/s who authorise the deduction.
8. – SUPERANNUATION
RCR shall make superannuation contributions in accordance with the percentages specified in the Superannuation Guarantee (Administration) Act 1992.
9. – JOURNEY COVER
9.1RCR will pay for an insurance policy, provided by a licensed insurance company, which covers the employee for injury incurred whilst travelling to and from work. RCR's only involvement in providing this policy is to pay the annual premiums. All claims administration and approvals or refusals are matters that shall be dealt with between the employee and the insurance company and no liability shall extend to RCR.
9.2The employee must refer to the actual policy for its terms and conditions as these may change from time to time. RCR will provide a copy of the current policy upon request.
10. – HOURS OF WORK
10.1Full time employee
The ordinary hours of work for full time employees are 8 hours per day, Monday to Friday inclusive (ie a 40 hour week). However, employees will be paid as if they had worked 7 hours 36 minutes per day (ie a 38 hour week). The additional time worked accrues towards a Flexiday to be taken in accordance with subclause 10.9 to 10.14.
10.2Part time employee
The normal hours of work are as agreed between RCR and the employee and may be changed by agreement between RCR and the employee at any time, but will be less than 40 per week.
10.3Casual employee
The number of hours to be worked will vary each day and week according to RCR's operational needs. When casual employee/s are required to work, the hours will be as notified by RCR and these may be varied by RCR with one hour's notice.
10.4Spread of normal hours
Normal hours will be worked between 6.00am and 6.00pm, except where working shifts. Regardless of this spread of hours the employee may work some other spread of hours as agreed between RCR and the employee.
10.5Normal hours per day/shift
The number of normal hours worked on any one day or shift may not exceed 12. Rosters and the arrangement of normal hours may vary from site to site as determined by RCR.
10.6Meal breaks
The employee will not be required to work more than 6 consecutive hours without an unpaid meal break of 30minutes, except where another arrangement is agreed between RCR and the employee.
10.7Rest Breaks
RCR will allow employees, in the first half of the shift, to have a paid rest break of 15 minutes.
10.8Preparation for work and washing up
Preparation for work (eg changing into work clothing) and washing up at the end/start of the employee’s shift and meal/rest breaks must be done in the employee/s own time.
10.9Flexiday – full time employees only
At the end of each 28 day cycle, employees are entitled to one Flexiday to be taken in accordance with the terms of this clause.
10.10Flexidays must be taken at a time that is mutually convenient to both employees and RCR and must be staggered to ensure minimal disruption to RCR's customers and operational requirements.
10.11An employee must give RCR reasonable notice of a request to take a flexiday and RCR must give reasonable notice of when it requires an employee to take a flexiday.
10.12In the absence of exceptional circumstances, flexidays must be taken as whole days.
10.13Employees may accrue up to 5 flexidays which may be:
10.13.1taken as single days or consecutive days; OR
10.13.2taken at the beginning or end of a period of annual leave, providedsuch arrangement is mutually agreed between the employee and RCR; OR
10.13.3at the employee/s request and with RCR's agreement, once 5 flexidays have been accrued, up to 5 flexidays may be paid out at the normal time hourly rate (in which case such days will be deducted from the employee accrual).
10.14Once an employee has accrued 5 flexidays, the employee will be required to take each subsequent flexiday before the next flexiday accrues.
11. – SHIFT WORK
11.1Day Shift
'Day shift' means 8 normal hours worked consecutively between the hours of 6.00am and 6.00pm, Monday to Friday inclusive, as agreed between the employee and his/her Supervisor.
11.2Afternoon Shift
'Afternoon shift' means 8 normal hours worked consecutively between the hours of 3.00pm on one day to 6.00am the following day, Monday afternoon to Saturday morning inclusive, as agreed between the employee and his/her Supervisor.
11.3An employee may be required to work afternoon shifts in addition to the regular day shift. Such shift roster shall be for a minimum of any 4 consecutive days of the week from Monday to Friday.
11.4All time worked on afternoon shift will be paid at 15% more than the employee/s normal time rate of pay or overtime rate of pay, whichever is applicable.
11.5The start and finish times of day and afternoon shifts will be determined by the RCR supervisor of the site at which the employee is located.
11.6At times, depending upon the workload, RCR may require the employee to change from one shift to another. RCR will endeavour to give the employee as much notice as practically possible. If the employee is given less than 48hours notice, the employee will be paid double the normal time rate for the first two shifts. Thereafter the employee will be paid at the standard rate for the remaining shifts, including shift allowance (if applicable).
12. – OVERTIME
12.1Reasonable overtime
The employee may be required to work reasonable overtimeand such overtime shall be by agreement between RCR and the employee.
12.2Overtime rates and when payable
The following overtime rates are payable based on the employee normal time rate of pay:
(a)Monday – Saturday Noon: Time and a half for first 2 hours then double time.
(b)Saturday after 12.00 Noon: Double time for all hours worked.
(c)Sunday: Double time for all hours worked.
(d)Public holiday: Double time and a half for all hours worked.
12.3Each day stands alone
When calculating overtime, each day stands alone but when working overtime that continues beyond midnight on any day, the time worked after midnight will be deemed to be part of the day before for the purpose of this clause.
12.4Overtime on shift work
Overtime on shiftwork will be based on the rate payable for shift work.
12.5Entitlement to a 10 hour break
When working overtime the employee is entitled to a 10 hour break, without loss of pay for normal working time, before starting the next shift. It is the employee responsibility to ensure that a 10 hour break is taken. The employee will advise RCR if he/she will be starting the next shift late. Unless specifically instructed by RCR, the employee must not commence work unless a 10 hour break has been taken.
12.6If the employee is instructed to work without a 10 hour break
If RCR instructs the employee to continue working or start the next shift without having a 10 hour break, the employee will be paid at double the normal rate of pay until released from duty. Once the employee is released from duty the employee will then be entitled to a 10 hour break without loss of pay for the normal time hours the employee would have worked during that 10 hours.
12.7Recall
When the employee is recalled to work after leaving the job the employee will be paid for at least 3 hours at overtime rates. The time reasonably spent in getting to and from work is counted as time worked. A recall does not include being requested before the employee leaves the workplace to return at a specified time to work overtime, nor to work overtime before the start of the employee/s normal shift.
If the employee is recalled to a job for which the employee has already received the minimum overtime call out rate of 3 hours, then the overtime worked as a result of such further recall is not regarded as overtime for the purposes of this clause, when the actual time worked is less than 3 hours on such recall or on each such recall.
13. – ANNUAL LEAVE
13.1Full time employee/s paid leave is calculated on the basis of 7.6 hours per day or 38 hours per week.
13.2The employee is entitled to four weeks paid annual leave, at the normal hourly rate,for each year of service.
13.3Annual leave accrues pro rata on a weekly basis but does not accrue during periods of unpaid absence or whilst the employee is in receipt of workers' compensation payments. (If the employee is in receipt of partial workers' compensation payments and part wages from RCR, the employee will accrue annual leave on a pro rata basis).
13.4Annual leave accumulates from year to year so that annual leave not taken in a year of employment is carried forward to the next year.
13.5If employment terminates before the employee has taken annual leave to which the employee is entitled, the employee will be paid for the leave that is not taken.
13.6Annual leave loading is not payable because it is already included in the employee normal time rate.
13.7In the interests of the employee rest and recreation, the employee will usually be required to take annual leave in periods of one week or more. However, in urgent personal situations, and provided agreement is reached between RCR and the employee/s annual leave may be taken in periods of less than one week.
13.8The purpose of annual leave is to take time off work at regular intervals for rest and recreation. Therefore, annual leave must be taken no later than 6 months after it accrues and the employee may not accumulate more than 6 weeks leave. Once the employee has accrued 5 weeks leave, RCR will advise the employee so leave can be planned to ensure the employee leave accrual does not exceed 6 weeks. In exceptional circumstances, RCR may permit the employee to accrue more than 6 weeks leave.
13.9The employee must request annual leave at least 4 weeks before the first day of leave unless a lesser period of notice is agreed between RCR and the employee.
13.10Wherever possible, the RCR will grant an employee request for annual leave at the time of choice. However, depending upon staffing and operational requirements, the employee may be required to take annual leave at another time in which case RCR will give the employee at least 1 month’s notice (unless the employee agrees to a lesser period of notice).
13.11By agreement with the RCR, the employee may be able to take leave without pay if insufficient annual leave accrual is available. Leave without pay cannot be granted in lieu of sick leave.
13.12Where RCR closes down the business, or a section thereof, for the purpose of allowing annual leave to all or the bulk of the employees in the business, or sections concerned, the following provisions shall apply:
13.12.1RCR may by giving not less than one month’s notice of the intention to do so, stand off for the duration of the close down all employees in the business or the sections concerned.
13.12.2RCR may close down the business, or a section thereof, for a period of at least three consecutive weeks and grant the balance of the annual leave due to an employee by mutual arrangement.
13.13Casual employees are not entitled to redundancy payments.
14. – PUBLIC HOLIDAYS
14.1The employee is entitled to the following public holidays without loss of normal earnings: