GLOBAL ELECTROTECH CONSTRUCTIONS PTY LTD
COMMERCIAL ENTERPRISE BARGAINING AGREEMENT 2003
AG 293 of 2003
1. TITLE
This agreement shall be known as the Global Electrotech Constructions Pty Ltd Commercial Enterprise Bargaining Agreement 2003.
2. AGREEMENT
1. Title 2
2. Arrangement 2
3. Area and Scope 2
4. Parties Bound 3
5. Date and Period of Operation 3
6. Application of Agreement 3
7. Consultative Committee 4
8. Severance/Redundancy 4
9. No Extra Claims 4
10. General Provisions 4
11. Superannuation 5
12. Income Protection 6
13. Travel Allowance 6
14. Inclement Weather 6
15. Occupational Health and Safety 8
16. Dispute Procedure 9
17. Smoking 9
18. Objectives of Agreement 9
19. Training 10
20. Measures to Achieve Gains in Productivity, Efficiency and Flexibility 11
21. Schedule A – Signatories 17
Annexure One 18
3. AREA AND SCOPE
This Agreement shall apply to commercial construction projects only within the electrical contracting sector of the building and construction industry that takes place within the State of Western Australia.
For clarification:
Construction means a project in which primary base building materials are being erected, i.e. forming of concrete and erection of structural steel.
Project means the limits of an area of a site that “the Company” is contracted to work under and can be clarified via specific project scope of work documents.
4. PARTIES BOUND
This Agreement is made this 17th day of November 2003 between:
· Global Electrotech Constructions Pty Ltd (“the Company”);
· The Employees of the Company engaged in work on commercial building works as described in Clause 3. – Area and Scope (hereinafter called “the Employees”);
· The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union, Engineering and Electrical Division, WA Branch;
· This agreement shall not apply to any other Employee of Global Electrotech Constructions Pty Ltd presently employed under award agreements.
5. DATE AND PERIOD OF OPERATION
This Agreement shall operate from 1 November 2003 and shall remain in force until 31 October 2005.
6. APPLICATION AGREEMENT
6.1 Where a specific project or site agreement is applicable to work undertaken by the company and the terms of that project or site agreement are agreed to by the company, the specific project/site agreement shall take precedence over this agreement.
6.2 No part of this Agreement shall be interpreted as permitting the establishment of a bargaining period on work covered by this Agreement during its term.
6.3 No part of this Agreement shall be used by the Company, or its Employees as evidence or example before any industrial tribunal or proceedings not directly concerned with work covered under this Agreement or example before any other contractor.
6.4 This Agreement shall operate in conjunction with the Electrical Contracting Industry Award R22 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. CONSULTATIVE PROCESS
7.1 The Company will facilitate the establishment of a Consultative Committee to monitor and administer this Agreement.
7.2 The Consultative Committee may be made up of two (2) Company and two (2) Employee representatives.
7.3 The Consultative Committee may meet each quarter to review the implementation and application of this Agreement and to raise, discuss and resolve matters or issues that are relevant to this Agreement, The Company’s business or Employees.
Decisions made by the Consultative Committee must have majority acceptance.
8. SEVERANCE / REDUNDANCY
8.1 In lieu of the provisions of Clause 38(2) of the Electrical Contracting Industry Award R22 of 1979, each adult Employee covered by the Agreement shall accrue a severance pay allowance of $65.00 per week of continuous service with the Company.
8.2 The provisions of this clause shall not apply to casual Employees or service as an apprentice.
8.3 The Company shall periodically publish on the pay slips of the Employees concerned, the amount of the severance pay they have accrued pursuant to this clause.
9. NO EXTRA CLAIMS
9.1 The Employees and CEPU shall not pursue any extra claims in relation to this Agreement, for the life of this Agreement.
10. GENERAL PROVISIONS
10.1 Pursuant to this Agreement and its measures to achieve gains in productivity, efficiency and flexibility The Company shall provide the hourly rates of pay prescribed in the Annexure One item (A) of this Agreement which shall be paid in lieu of the minimum weekly rate provided for the Award, and fixed for the period of this Agreement.
10.2 On projects covered by this Agreement, where a project disability allowance applies to the Principal Contractor’s building this specific project Employees and the majority of subcontractors engaged on the project, a project disability allowance will also be paid by the Company as tabled in Annexure One item (B) to this Agreement. However a Minimum Site allowance of $1.50 shall apply to all construction work not covered by Annexure One item (B).
10.3 A 36-hour working week will commence on 1 July 2004. It is recognised that the implementation of the 13 day calendar is not synchronised with that of the building industry implementation. It is agreed that the Company and Employees will maintain flexibility in the planning and taking of RDO’s and PDO’s to cover work requirements where such an inconsistency arises.
10.4 Where an Employee holds an Open ACA license and is required to perform work for which that license is required, the Employee shall be paid an Austel allowance of $25.00 per week or part thereof depending on the period that such work is undertaken.
10.5 An all purpose Structural Frame allowance of $1.15 per hour will be paid on projects (new construction only) which exceed 2 storeys in height, or where the structure exceeds 10 metres in height (excluding structures such as flagpoles). Provided that this allowance applies to the principle contractors (builder’s) employees and the majority of subcontractors engaged on the site.
10.6 A flat Productivity allowance of $1.15 per hour will be paid on construction projects where the Company Contractual Value for a particular project is in excess of $11,000,000. Provided that this allowance applies to the principle contractors (builder’s) employees and the majority of subcontractors engaged on the site.
10.7 The Company Employees will:
· Undertake the work required of them on a Project in a diligent, flexible and co-operative manner;
· Support the Consultative Committee as outlined in this Agreement;
· Agree to abide by The Company’s policies and procedures and the provisions of the Agreement.
11. SUPERANNUATION
11.1 The Company will contribute to an approved superannuation fund on behalf of the Employee in accordance with the Superannuation Guarantee (Administration) Act 1992.
11.2 The level of superannuation contribution specified by this clause shall be increased to reflect any increase in the Federal Government’s gazetted Employee Superannuation Guarantee Levy.
11.3 Where an Employee makes a written request to have a component of the Employee’s wage sacrificed as an additional contribution to the one of the above funds, the Company will comply with the request. Where an Employee elects to salary sacrifice, the Employee will receive less actual pay than their classification rate specified in this Agreement equivalent to the portion sacrificed.
11.4 For all other Employees covered by this Agreement who are not full time, adult Employees (eg. apprentices, casuals, etc) the Superannuation Guarantee (Administration) Act 1992 (SGA) shall apply.
12. INCOME PROTECTION
12.1 The Company has implemented a policy of income protection for Employees covered by this Agreement.
12.2 The Income Protection Policy implemented by the Company provides the following.
(a) Cover for 100% of an eligible employee’s average income or $1,000 whichever is less for 104 week applying to work related or personal injury or sickness. The Employees shall be covered for workers compensation top-up;
(b) An excess (waiting) period of 7 days applying to personal injury or sickness; (except sporting injuries 28 days);
(c) The general insurance code of practice applies including operation of a claims review panel run by Insurance Enquirer’s and Complaints Ltd;
(d) Rehabilitation assistance unlimited to 104 weeks overall limit;
(e) That if an eligible Employee covered by this Agreement suffers death as a result of an accident, the expenses of burial or cremation of the cost of returning the Injured Person’s body or ashes to their home town will be paid up to a maximum limit of $10,000; and
(f) Coverage that will provide up to $5,000 for emergency transport for eligible Employees to seek medical treatment following an accident.
13. TRAVEL ALLOWANCE
In addition to the weekly and hourly rates prescribed in Annexure One, a daily travel allowance will be paid to Employees of the amount prescribed in the award plus $9.20. Those supplied with a Company vehicle will not receive travel allowance.
14. INCLEMENT WEATHER
The parties agree that this clause will replace, in its entirety, Clause 35. - Adverse Weather of the Award.
14.1 General Principles
14.1.1 “Inclement Weather” is defined here as rain or abnormal climatic conditions (eg. hail, high wind, severe dust storm, extreme cold temperature, extreme high temperature) under which it is either unreasonable or unsafe for Employees exposed to these conditions to continue working.
14.1.2 The primary objective of this clause is ensure that a set of agreed procedures is developed and implemented which ensure that productivity is maximised without exposing Employees to inclement conditions.
14.2 Completion of Concrete Pours and Emergency Work
14.2.1 Except as provided in this sub-paragraph, an Employee will not be required to work in area which is affected by inclement weather.
14.2.2 Where a concrete pour is to be, or has been commenced prior to the commencement of or during a period of inclement weather, Employees may be required to attend to ensure the integrity of the conduit equipment installation and for such work shall be paid at the rate of double time calculated to the next hour, and in the case of wet weather, shall be provided with adequate wet weather gear. The maximum payment for work performed in inclement weather is double time.
If an Employee’s clothes become wet as a result of working in the rain during a concrete pour he/she shall, unless a change of dry working clothes is available, be allowed to go home without loss of pay for ordinary hours.
14.3 Inclement Weather (Wet or Hot)
14.3.1 The Consultative Committee will be required to develop procedures and contingency plans to support this objective. An Employee shall comply with Company’s instructions to either:
(a) Continue work when the area in which the Employee is working is not affected by the inclement weather; or
(b) Accept a transfer to work in an area of the site not affected by the inclement weather; or
(c) Accept a transfer from one site to another site not affected by the inclement weather (prior to the morning rest period); or
(d) Leave the site without loss of pay.
14.3.2 Where the Company requires an Employee to traverse open ground the Company will provide the Employee with protective clothing. Such clothing will remain the property of the Company and shall be returned to the Company, Employees shall take reasonable care of the clothing and pay the cost of its replacement if lost or damaged due to an Employee’s negligence.
14.3.3 An Employee shall not be affected by the inclement weather unless by virtue of the weather conditions it is not reasonable and it is not safe for work to continue.
14.3.4 Where the employer instructs their Employees to remain on site the employer shall ensure that their Employees have, as a minimum, a trained First Aider on site and a Safety Representative (the First Aider may be from Management). An Employee who does not comply with the Company’s instructions shall forfeit wages for time not worked.
Notwithstanding the provisions of this clause, Employees working in the Commercial Sector shall be released from work when the temperature reaches 37.5. Unless these Employees are working in an air-conditioned workplace or obviously not subjected to outside temperature.
Where the site Employees are released by the main contractor due to wet weather then the Company Employees will also be released from site. The above is subject to the Company’s right to relocate its Employees before the first morning break.
15. OCCUPATIONAL HEALTH AND SAFETY
The Western Australian Occupational Safety and Health Act 1984, and its associated Regulations, as amended, together with the Company safety policy and procedures will apply to this Agreement.
15.1 Procedure for Dealing with an Unsafe Situation
15.1.1 When an Employee becomes aware of an unsafe situation, the Employee will be expected to rectify it, if it is within the Employee’s range of skills/competencies and authority to do so.
15.1.2 If the Employee is not able to rectify the unsafe situation, the Employee will be expected to notify the Leading Hand, Foreperson or Supervisor, immediately
15.1.3 The Leading Hand, Foreperson or Supervisor will immediately rectify the unsafe situation by making good or barricading off.
15.1.4 The Leading Hand, Foreperson or Supervisor will take all necessary action to rectify the unsafe situation including consultation with the Employees and WorkSafe as appropriate.
15.1.5 If there is to be any delay in rectifying the situation, the Leading Hand, Foreperson or Supervisor will ensure that the Employees who are working in the effected area are relocated to work in other areas on the job (or other sites) until the unsafe situation has been rectified.
16. DISPUTE PROCEDURE
Any questions, disputes or difficulties arising pertaining to any matter covered by this Agreement or the award or both shall be settled in accordance with Clause 27. - Grievance Procedure and Special Allowance of the Award
17. SMOKING
Smoking is not permitted in any Company site office, vehicle, mess/change shed and or sanitary facility or in any other amenities where appropriate signage is displayed.
The Company Consultative Committee will be responsible for the management of specific non-smoking issues in accordance with Company policy, given once a work area becomes enclosed, it will be deemed to be a non-smoking area.