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ELECTRICAL CONSTRUCTION AND MAINTENANCE AUSTRALIA PTY LTD
ENTERPRISE BARGAINING AGREEMENT
NO. AG 295 OF 1996
ELECTRICAL CONSTRUCTION AND MAINTENANCE AUSTRALIA PTY LTD
ENTERPRISE BARGAINING AGREEMENT
1. - TITLE
This Agreement will be known as the Electrical Construction and Maintenance Australia Pty Ltd Enterprise Bargaining Agreement and will replace registered industrial agreement AG118 of 1994.
2. - ARRANGEMENT
1Title
2Arrangement
3Area and Scope
4Parties Bound
5Date and Period of Operation
6Application of Agreement
7No Extra Claims
8Objectives of Agreement
9Dispute Procedure
10Consultative Processes
11Training
12Measures to Achieve Gains in Productivity, Efficiency and Flexibility
13Monitoring of Agreement
14Wages
15Date and Signatures
3. - AREA AND SCOPE
Subject to Clause 6 below, this Agreement will apply to Electrical Construction and Maintenance Australia Pty Ltd (EC&M), its employees who are members or eligible to be members of the Communications, Electrical, Electronics, Energy, Information, Postal, Plumbing and Allied Workers’ Union of Australia, Engineering and Electrical Division, WA Branch (Union), employed in the classifications set out in Clause 14 - Wages, and the Union and will operate within the State of Western Australia.
It is estimated that the number of employees who will be bound by this Agreement upon registration is 50.
4. - PARTIES BOUND
This Agreement is made between EC&M and the Union.
5. - DATE AND PERIOD OF OPERATION
This Agreement will operate from 1 July 1996 and will remain in force until31st December 1997 or its earlier cessation in accordance with Clause 6.
6. - APPLICATION OF AGREEMENT
(1)Specific Sites and Projects
(a)Where the parties to this Agreement are also parties to a written 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 will not apply.
(c)This Agreement will not apply to certain contracts entered into by EC&M as determined from time to time and agreed to by the parties to this Agreement.
(d)Where a specific project or site agreement is applicable to work undertaken by EC&M and the Union are a party to that specific project or site agreement, the specific project or site agreement will take precedence over this Agreement.
(e)Where a specific project or site agreement is applicable to work EC&M are contracted to carry out, and EC&M and the Union are not a party to that specific project or site agreement, it is agreed that the parties will discuss the application of this Agreement to that work.
(f)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.
(g)Both parties have the option of suspending this Agreement effective immediately, provided that the suspension will only extend to the application of this Agreement to the work on the specific project or site.
(2)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.
(3)The parties agree that if, following a review of this Agreement by the parties and the Consultative Committee, agreement is reached that this Agreement places and continues to place EC&M and its employees at a competitive disadvantage, and productivity and flexibility have not improved then EC&M have the option of reverting to work under the Electrical Contracting Industry Award R22 of 1978 (Award).
(4)No part of this Agreement is to be used by the Union, EC&M, or its employees as evidence or example before any industrial tribunal or proceedings not directly concerned with work covered under this Agreement.
(5)No part of this Agreement is to be otherwise used by the Union, EC&M or its employees as evidence or example before any industrial tribunal or any other contractor.
(6)Pursuant to this Agreement and its measures to achieve gains in productivity, efficiency and flexibility, EC&M will provide the rates of pay prescribed in Clause 14 - Wages which will be paid in lieu of the minimum weekly rate provided for in the Award.
(7)This Agreement will operate in conjunction with the Award. Where any inconsistency exists between this Agreement and the Award, this Agreement will take precedence to the extent of the inconsistency.
(8)The parties agree that registration of this agreement in the Western Australian Industrial Relations Commission will not prejudice either the Union or EC&M’s right to claim, pursue and achieve an award or enterprise bargaining agreement in the Australian Industrial Relations Commission.
7. - NO EXTRA CLAIMS
(1)The employees and the Union will not pursue any extra claims in relation to the Award, with the exception of future State Wage Decisions, for the life of this Agreement.
(2)Consistent with the Arbitrated Safety Net Adjustment Principle any future safety net adjustment will be absorbable to the extent of any equivalent amount in rates of pay paid pursuant to this Agreement. Future safety net adjustments will not increase the wage rates contained at Clause 14 - Wages.
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, EC&M 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 EC&M’s operations;
(b)encouraging EC&M’s employees to accept responsibility in helping manage the total project performance including that of subcontractors;
(c)developing concepts of best practice, 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 practices that promote shared concepts of skill formation, learning, teamwork, participation, flexibility and communication;
(f)introducing best practice procedures in workplace safety and health 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 the designated workplace at normal start and finish times;
(h)establishing measures to ensure ordered relations exist between EC&M and the Union on EC&M’s work sites.
(i)enhancing job satisfaction;
(j)improving EC&M’s 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. - DISPUTE PROCEDURE
(1)The Union undertakes to comply with the procedures contained in Clause 27 - Grievance Procedure and Special Allowance of the Award without exception when any question, dispute or difficulty arises between the Union and EC&M in relation to the Award or this Agreement.
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 EC&M and its employees.
(2)A Consultative Committee (the Committee) may be established within EC&M. The composition and size of Committee will be determined by the parties.
(3)The Committee will initially be chaired by EC&M's State Manager or nominee. A representative of the Union may attend meetings. A representative of the Electrical Contractors’ Association of WA (ECA) may attend the meetings.
(4)The role of the Committee is to act as a forum for consultation, guidance and advice between EC&M and its employees on matters such as monitoring and reviewing:
(a)implementation of this Agreement and its objectives;
(b)determination of benchmarks, best practice and continuous productivity improvement;
(c)the skills formation programme and ancillary training;
(d)the productivity improvement programme;
(e)communication between EC&M and its employees;
(f)fostering a consultative and co-operative environment and setting and accepting appropriate levels of accountability and responsibility.
(5)The Consultative Committee is a consultative and advisory group and it is recognised by all parties that final and overall accountability for company performance rests with EC&M.
11. - TRAINING
(1)EC&M 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 EC&M at the forefront of the industry.
(2)The parties to this Agreement recognise that in order to increase the efficiency, productivity and competitiveness of EC&M, a 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 EC&M.
(3)It is agreed that a training programme be developed consistent with:
(a)the current and future skill needs of EC&M;
(b)the size, structure and nature of EC&M;
(c)the need to develop vocational skills relevant to EC&M 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 EC&M will be performed in accordance with this Agreement and with the Award as varied by this Agreement and, if applicable, in conjunction with other industry agreements.
(2)Flexibility of Hours, Breaks and RDO's
(a)It is agreed that employees will be flexible in the following areas:
(i)where it is agreed between EC&M and the majority of affected employee(s) EC&M may reschedule ordinary working hours;
(ii)the spread of hours may be altered by agreement between EC&M and the majority of employees in the plant or section(s) concerned;
(iii)agreement to reschedule ordinary working hours and to alter the spread of hours will not unreasonably be withheld;
(iv)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 EC&M in conjunction with the provisions in paragraph (1)(e) and (f) of Clause 11 - Hours, of the Award;
(v)flexibility of rostering employees' days off.
(b)It is agreed that when EC&M wish to reschedule an RDO, EC&M will endeavour to provide reasonable notice to the employee(s). RDO's may be substituted by agreement in accordance with the Award, which agreement will not unreasonably be withheld.
(3)Maintenance of Workplace
All employees are committed to ensure their workplace is maintained in a clean and safe condition. All employees will clean their smoko facilities to such an extent that there will be no need to employ dedicated smoko facility cleaners.
(4)Overtime
(a)Overtime will be worked in accordance with Clause 12 - Overtime of the Award. In particular the employees agree to strictly adhere to sub-paragraphs (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 the working of overtime in accordance with the requirements of this subclause."
(b)Overtime may be worked on an RDO weekend as required by EC&M. EC&M will endeavour to give employees who are required to work on an RDO weekend such prior notice as is reasonable in all the circumstances.
(c)EC&M will introduce a roster system to endeavour to allocate overtime hours in a fair and equitable manner at EC&M's discretion, provided that this will not disadvantage EC&M in any way.
(d)In conjunction with the roster system EC&M will select the employees required to work overtime according to the needs of EC&M and the particular project.
(e)When overtime has been scheduled and an employee has 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 EC&M, 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 will be deemed to be the nearest EC&M 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 will be no automatic reissue of footwear where an employee is placed on a new site.
(7)Uniforms and Clothing
(a)It is agreed that employees issued with EC&M uniforms and clothing, in accordance with company policy as amended from time to time, will wear such items during all work hours and each employee will maintain his or her uniform and clothing in a respectable condition as approved by EC&M.
(b)It is agreed that employees who have been issued with clothing will have such clothing replaced on a fair wear and tear basis. There will be no automatic reissue of clothing where an employee is placed on a new site.
(8)Care of EC&M Property
(a)It is agreed that employees will treat all property, safety equipment (whether for general or personal issue) including but not limited to glasses and hats, plant and equipment owned or hired by EC&M with due care and respect to ensure replacement is kept to a minimum. All property, plant and equipment will be returned to the designated storage area each day.
(b)A tradesperson or apprentice will replace or pay for any tools supplied by the company if lost through his or her negligence.
(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 a company vehicle to conduct company business that employee will ensure that:
(a)the vehicle is kept clean, free of rubbish and washed;
(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 EC&M immediately.
(10)Care of Consumables
It is agreed that all employees are committed to ensure maximum usage of EC&M’s 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 employees will co-operate fully with the development and implementation of EC&M’s quality management systems and procedures, and will continually strive to improve the quality of the products and services supplied by EC&M. Employees are committed to reduce rework and complete tasks the first time, and eliminate the need to return to finish incomplete work.
(12)Daily Labour Reports
It is agreed that employees will take an active role in the production reporting and production strategy meetings by punctually and correctly filling in EC&M’s daily labour reports.
(13)Co-operation Between Employees and Supervisors
(a)It is agreed that employees will 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;
(iv)work is not being installed in accordance with the specifications or with 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 workface.
(c)Employees will take an active role in tool box meetings 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 licence 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 EC&M.
(b)Employees' duties will include any work for which the employee has requisite qualifications required in connection with the electrical contracting industry.
(c)The parties agree to use their best endeavours to avoid demarcation disputes.
(15)Qualified Personnel
EC&M supervisory personnel and foremen may work on the tools for the purposes of demonstration and tuition on the job or in extreme situations affecting safety on site.
(16)Rest Period
(a)A rest period of 10 minutes will 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 will be allowed each morning.
(ii)The rest period will be counted as time off duty without deduction of pay and will be arranged at a time and in a manner to suit the convenience of the employer.
(iii)Refreshments may be taken by an employee during the rest period but the period of 10 minutes will not be exceeded under any circumstances.
(iv)An employer who satisfies the Commission that any employee has breached any condition expressed or implied in this paragraph may be exempted from liability to allow the rest period.
(b)This arrangement may be altered to suit the convenience of EC&M.
(c)Smoking is not permitted in EC&M offices, including site offices, toilet facilities, lunchrooms, motor vehicles and other EC&M facilities.
(17)Unauthorised Absences
(a)EC&M will:
(i)arrange an employee's ordinary hours of work which will average 38 hours per week; and
(ii)select the method of implementation of the 38 hour week.
(b)An employee agrees to present himself or herself for duty and remain on duty during the ordinary hours of work.
(c)EC&M will be under no obligation to pay for any hours not worked during those ordinary hours unless it is an authorised absence in accordance with:
(i)Award provisions; or
(ii)an instruction from EC&M that the employee may leave site without loss of pay.
(18)Safety Disputes
(a)Where a EC&M employee is affected by a safety dispute an employee will comply with EC&M’s instructions to either:
(i)continue work when the area in which the employee is working is not affected by the condition giving rise to the dispute; or
(ii)accept a transfer to work in an area of the site not affected by the condition giving rise to the dispute; or