15
Attachment A
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
Industrial Relations Act 1999 – s. 156 – certifying an agreement
Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping
ABN No. 000 000 000
AND
The Union of Employees, Queensland
ABN No. 11 111 111 111
(No. CA/20 /..)
NEWHAVEN & DISTRICTS TREE LOPPING – CERTIFIED AGREEMENT 2004
APPLICATION FOR CERTIFICATION OF AGREEMENT
This Agreement, made under the Industrial Relations Act 1999 on...... 2005 between Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping, ABN 000 000 000, and The Union of Employees, Queensland, witnesses that the parties mutually agree as follows:
TABLE OF CONTENTS
Subject Matter Clause No.
PART 1 – PRELIMINARY
Title 1.1
Purpose of the agreement 1.2
Objectives attainment method 1.3
Agreement coverage 1.4
Date of operation 1.5
Review of certified agreement 1.6
Posting of agreement 1.7
Relationship to parent award 1.8
PART 2 – TERMS AND CONDITIONS OF EMPLOYMENT
Contract of employment 2.1
Introduction of changes, termination of employment in cases of redundancy 2.2
Grievance procedures 2.3
Trade union provision 2.4
PART 3 – DEFINITIONS, WAGES AND ALLOWANCES
Definitions 3.1
Wages 3.2
Occupational superannuation 3.3
Allowances/higher duty payments 3.4
PART 4 – HOURS OF WORK
Hours of work 4.1
Overtime 4.2
Rest pauses 4.3
Meal breaks 4.4
PART 5 – STATUTORY HOLIDAYS, LEAVE
Annual leave 5.1
Statutory holidays 5.2
Sick leave 5.3
Long service leave 5.4
Family leave 5.5
Bereavement leave 5.6
Absenteeism control and management procedure 5.7
Natural disaster leave 5.8
PART 6 – MISCELLANEOUS PROVISIONS
No extra claims 6.1
Clothing 6.2
Second engagement 6.3
PART 1 – PRELIMINARY
1.1 Title
This Agreement shall be known as Newhaven & Districts Tree Lopping – Certified Agreement 2004.
1.2 Purpose of the agreement
The purpose of this Agreement is to provide a formalised, fundamental and underpinning basis which will best ensure the realisation of the collective and individual objectives of the Employer and its employees.
1.2.1 Employer objectives
(a) The achievement and maintenance of profitable trading which has been derived from the delivery of ethical, high quality and effective services to the employer’s clients.
(b) Retention of existing contracts.
(c) Business growth within existing client bases.
(d) New business development and growth within the region.
(e) Industry recognition that Newhaven & Districts Tree Lopping is a trustworthy and competitive supplier of Grounds Maintenance services within the region.
1.2.2 Employees objectives
(a) The establishment and enhancement of ownership, flexibility and self-esteem in employees’ work, the company and the services delivered within the enterprise as a whole.
(b) To ensure those employees’ remuneration, conditions and allowances reflect levels commensurate with skills, competencies, responsibilities and authorities and are comparative within a holistic context with associated industry standards and parent award.
1.2.3 Collective objectives
(a) The development and maintenance of a secure, safe and enjoyable work place for all based on an environment of risk minimisation, transparency, trust, honesty, dedication, dignity and respect.
(b) To enhance skill and competency levels of employees so as to provide them with satisfying work and career opportunities (transportable and company specific) and to value add to the company’s skill base and marketability.
(c) To develop and implement a staff development training program no less then that detailed in position job descriptions.
(d) To maximise full-time employment opportunities within the constraints of the business needs of the enterprise.
(e) To ensure that provision exists for a review of the effect of cost of living influences caused by the GST during the life of the agreement.
(f) To best protect the well being and good condition of human and material assets respectively, employed in the operational endeavours of the employer.
1.3 Objectives attainment method
1.3.1 Needs identification and review
(a) The identification and ongoing review of the business needs of the employer, its activities and obligations (contractual and statutory) and the service standard requirements needing to be met within those obligations.
(b) The identification and ongoing review of the needs (including work skills development) of the employees engaged within the company.
1.3.2 Enterprise systems and procedures
(a) Development, implementation and maintenance of branch and or client specific Total Quality Operational system including service delivery performance monitoring and reporting processes.
(b) Development, implementation and maintenance of branch-specific work place operational and safety systems including but not limited to Skills Assessment, Procedures, Training, and Review Processes.
(c) The development and maintenance of activity based work groups along the lines detailed in Appendix A. Work Groups comprising of members of field, supervisory and management staff, will meet regularly providing a forum for continual focus and information sharing/consideration on work place administrative and operational matters, along with needs/reviews detailed above.
1.3.3 Employment structures, provisions and application
(a) The employment of an activity-based core work force of permanent employees of skill levels and numbers relative to the business needs of the enterprise. Engagement of casual employees during periods of higher activity due to seasonal effects or increased activity but within the commitment of Skills Development and Utilisation Program (SDUP) detailed below.
(b) As part of its commitment to realising stated objectives of this Agreement Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping is committed through training and a skills assessment/classification process to the implementation of its Skills Development and Utilisation program (SDUP).
The SDUP includes training and development of employees to ensure that they have the opportunity to achieve their potential within the enterprise and meet the changing needs of the Employer. The employer is committed to encouraging and facilitating the development of employees as internal trainers (Certificate 1V in Assessment and Workplace Training) to suit the activity levels and training needs at Branch and or Regional level.
During periods of peak demands and as demands require core employees will be invited to move within and up to work bands. Casual labour will only be utilised in levels 2 and 3 where positions cannot be filled by level 1 core staff due to numbers/availability and or relative competencies and skills not having been attained.
The skill to operate plant (major or minor) safely, effectively and efficiently and without detriment to excessive damage or degradation of the asset is one particular skill of absolute relevance to this provision.
(c) As part of their commitment to realising stated objectives of this Agreement the employees are willing to accept the assignment of and are willing to undertake jobs and duties outside their non-core work band activity, subject only to competency and skills existing to perform particular tasks.
(d) The employer and its employees will constantly seek continuous improvements in safety, work efficiency and effectiveness, quality and any other areas which will enhance the quality of the work environment, customer service and effectiveness of the employer’s operations.
(e) The planning, assignment and undertaking of work in a flexible and efficient manner.
(f) The avoidance of any action, which disrupts or impedes delivery of services by the prompt resolution of employee concerns through effective communication and the agreed process of grievance handling.
(g) The development and maintenance of working relationships between employees and management to promote mutual trust, teamwork, open communication of relevant information and ideas and cooperation generally.
(h) The maintenance of standards of conduct necessary to ensure a safe and efficient operation.
1.3.4 Code of conduct
(a) Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping expects the highest standard of ethics and integrity from all employees whether employed in management, supervisory or operational roles.
(b) The employer and its employees will strive for excellence in all things.
(c) Employees within all roles have a responsibility to strive to continuously improve skills including communication and service delivery skills.
(d) Potential conflicts of interest should be avoided and action taken to remove the conflict.
(e) Employer confidential information shall not be shared with third parties.
(f) Unauthorised public statements shall not be made.
(g) Equal opportunities shall be made available for all.
(h) The intentional actions or omissions of its employees shall not adversely affect the Corporate Image of the Employer and or its clients.
1.4 Agreement coverage
This Agreement shall be binding upon Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping ABN xxx xxx xxx and employees and The Union of Employees, Queensland.
1.5 Date of operation
This Agreement shall operate from the date of certification with an expiry date of 30 June 2006.
1.6 Review of certified agreement
The parties commit to a process of review during the life of the agreement. The first review will be undertaken within 6 months of the commencement of the agreement and 12 monthly thereafter.
The parties undertake to commence discussions on a replacement certified agreement, 3 months prior to the expiry of this Agreement.
1.7 Posting of agreement
A true copy of this Agreement shall be displayed in the workplace with convenient access to employees.
1.8 Relationship to parent award
This Agreement shall be read and interpreted wholly in conjunction with the Civil Construction, Operations and Maintenance General Award – State 2003, provided that where there is any inconsistency between this Agreement and the Civil Construction, Operations and Maintenance General Award – State 2003, this Agreement shall take precedence to the extent of the inconsistency.
PART 2 – TERMS AND CONDITIONS OF EMPLOYMENT
At all times terms and conditions of employment will be based upon the specific business needs of the Employer and be applied within the provisions of this Agreement.
2.1 Contract of employment
At the point of engagement, Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping shall specify in writing to the employee the terms and conditions of employment which include:
(a) whether the employee’s contract of employment is full-time, part-time or casual;
(b) the core work activity band within which the employee is to be engaged;
(c) that the employee will be required to accept the assignment of and undertake jobs and duties outside their non-core work activity band, subject only to competency and skills existing to perform particular tasks;
(d) other terms and conditions applied to an assignment of duties outside core work activity bands;
(e) that the employee will be required to attend employer sponsored training as defined in the Position Description;
(f) all employees (other than casual employees) upon commencement of employment are engaged subject to a probationary period of 3 months. During the probationary period either party may, at any time and for any reason, terminate the employment relationship by the provision of one week’s written notice. Except in the cases of summary dismissal, where one week’s ordinary wages will be paid or forfeited as the case may be. At the end of the probationary period Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping shall either confirm the employee’s appointment or terminate the employee’s appointment;
(g) that in accordance with organisations disciplinary procedure inadequate performance by the employee, once outside the probationary period and leading to the detriment of the attainment of objectives of the enterprise, may lead to permanent reassignment to another core activity at wage rates commensurate with that activity or may lead to termination of employment where such reassignment cannot be accommodated in respect to the needs of the enterprise.
During the period of probation, Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping undertakes to discuss with the employee the employee’s work performance, conduct and capacity with a view to providing constructive feedback. These discussions should occur each 4 weeks during the probationary period.
2.2 Introduction of changes, termination of employment in cases of redundancy
The Employer and employees to whom this Agreement applies shall observe the terms and conditions of the Statement of Policy of Termination of Employment, Introduction of Changes and Redundancy contained in the decision of the Full Bench of the Commission dated 18 August 2003, and published in the Queensland Government Industrial Gazette Vol. 174, as amended by 173 QGIG 1417 and 174 QGIG 741.
The employer shall display a copy of the aforementioned decision of the Full Bench of the Commission in such a position as to be easily read by the employees.
2.3 Grievance procedures
Effective communication between staff and management is a prerequisite to good industrial relations and the following procedure is set down in order that any grievances may be resolved quickly to maintain sound working relationships.
(a) Any employee or employees with a genuine grievance or complaint regarding any aspect of the employment of such employee/s shall promptly raise the matter/s with the immediate supervisor who will endeavour to resolve the matter as soon as possible.
(b) If the matter is not resolved at this level, the employee/s shall discuss the matter/s at issue with the next higher level of management and the employee/s may elect to notify the duly authorised Union official.
(c) Should the grievance still be unresolved, the matter should then be referred to the General Manager and a duly authorised Union official who shall attempt to facilitate a resolution.
(d) If after the above steps the matter remains unresolved, the dispute shall be referred to the Industrial Relations Commission.
(e) While the above procedure is being followed, the status quo shall prevail and every endeavour shall be applied to ensure that work continues normally until settlement is reached.
(f) All parties shall give due consideration to matters raised or any suggestion or recommendation made by the Queensland Industrial Relations Commission with a view to prompt settlement of the matter.
(g) The above procedures do not restrict Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping or an authorised representative or duly authorised official of the Union from making representations to each other.
2.4 Trade union provision
2.4.1 Trade union representation
(a) There is an agreement between the parties that co-operation between the representatives of The Union of Employees, Queensland and management results in mutual benefits. In accordance with this recognition Joe and Jan Bloggs trading as Newhaven & Districts Tree Lopping will ensure that all new employees are formally introduced to the appropriate workplace and union representative on commencement.