kirin australia (MPO) enterprise agreement 2006-8
Agreement No. 8 of 2006
1. TITLE
This Agreement shall be known as the “Kirin Australia (MPO) Enterprise Agreement 2006-8” (“this Agreement”).
2. AREA AND SCOPE
2.1 This Agreement applies to the Breweries and Bottleyards Employees’ Industrial Union of Workers of Western Australia (“the Union”) and Kirin Australia Pty Ltd (“Kirin”) in respect of Malt Production Operators employed in Kirin's malting operations in Western Australia.
2.2 This Agreement replaces and supersedes all prior agreements and arrangements between the parties.
2.3 The parties estimate that this Agreement will apply to approximately 8 employees.
3. PARTIES
The parties to this Agreement are:
(a) Kirin Australia Pty Ltd of 47 McDowell Street, Welshpool; and
(b) the Breweries and Bottleyards Employees’ Industrial Union of Workers of Western Australia of Unit 11, 64 Bannister Road, Canning Vale.
4. ARRANGEMENT
1 Title
2 Area and scope
3 Parties
4 Arrangement
5 Relationship to the parent award
6 Date and period of operation
7 Definitions
8 Overtime
9 Call-out
10 Lunch intervals
11 Annual leave
12 Working hours
13 Holidays
14 Protective clothing
15 Salary
16 Descriptors for the classification structure
17 Superannuation
18 Dispute settlement procedure
Attachment A - Classification Descriptions
Attachment B - Extended Hours Roster
5. RELATIONSHIP TO THE PARENT AWARD
5.1 Subject to sub-clause 5.2, this Agreement shall be read and interpreted in conjunction with the Malting Industry Award 1993 (No. A6 of 1993) (“the Award”). Where there is any inconsistency between the terms of this Agreement and the Award this Agreement shall prevail to the extent of the inconsistency.
5.2 Kirin is not required to pay the annual bonus described in Clause 16 of the Award.
6. DATE AND PERIOD OF OPERATION
6.1 This Agreement shall have effect from the date on which the Western Australian Industrial Relations Commission ("the Commission") approves it and shall expire on 31 December 2008.
6.2 The parties agree there will be no extra claims during the life of this Agreement unless consistent with this Agreement or any State Wage Decision.
6.3 Where the parties, by mutual consent, wish to vary this Agreement, they have liberty to apply to the Commission to give effect to the proposed variation.
6.4 The parties will meet to review this Agreement at least 90 days prior to its expiry.
7. DEFINITIONS
7.1 “Call-out” means request from Kirin for an employee to attend for work to deal with a serious operational situation.
7.2 The expression "complying superannuation fund" has the same meaning as that expression has in the Superannuation Guarantee Administration Act 1992 (Cth).
7.3 “Hourly rate” means the amount of the annual salary applicable to an employee’s classification of work divided by 1981.43.
7.4 “Month” means a calendar month.
7.5 The expression “ordinary time earnings” has the same meaning as that expression has in the Superannuation Guarantee Administration Act 1992 (Cth).
7.6 “Week” means seven consecutive calendar days.
8. OVERTIME
8.1 Overtime is all work performed beyond the employee's rostered hours of duty on any day or beyond 76 hours in any fortnightly pay cycle.
8.2 Without prejudice to any other right that Kirin may otherwise have, Kirin may require an employee to work up to 8 hours overtime during any fortnightly pay cycle, provided that such overtime is rostered in accordance with the terms of Attachment B, "Extended Hours Roster".
8.3 Notwithstanding clause 8.2, Kirin and an employee may agree that an employee may work more than 8 hours overtime in a fortnightly pay cycle.
8.4 All work performed in excess of 76 hours in any fortnightly pay cycle shall be paid for at the rate of time and a half for the first two hours and double time thereafter provided that overtime worked on a Saturday, Sunday or Public Holiday shall be paid at double time.
9. CALL-OUT
9.1 An employee who attends for work in response to a call-out shall be paid $50.00 plus applicable overtime for all time worked in responding to the call-out.
9.2 There is no minimum number of hours for which overtime must be paid.
9.3 Travelling time required to respond to a call-out is not time worked.
10. LUNCH INTERVALS
10.1 A lunch interval of 30 minutes’ duration shall, by agreement between the parties, be taken between 11.00am and 2.00pm.
10.2 Employees who are required to commence duties earlier than 7.00am shall commence their lunch interval not later than 12.00 noon.
10.3 Lunch intervals shall be counted as time worked.
10.4 Employees may be required to attend to machinery breakdown, alarms or other serious operational situations that arise during their lunch interval.
11. ANNUAL LEAVE
11.1 Kirin will grant an employee who has completed 12 months’ service, 228 hours (equivalent to 3 fortnights) annual leave per annum.
11.2 Kirin will consult with its employees and the union to work out acceptable annual leave rostering.
12. WORKING HOURS
12.1 The ordinary hours of work are 76 hours per fortnight.
12.2 The ordinary hours may be worked on any day or days subject to the following limitations:
(a) an employee may not be rostered for more than 9 days in a fortnightly cycle;
(b) an employee may not be rostered for less than 6 hours or more than 12 hours on any day;
(c) ordinary hours must be worked between 6.00am and 6.00pm.
12.3 Kirin will make all reasonable endeavours to ensure that each employee has an approximately equal share of work rostered on Saturdays, Sundays and holidays. Any employee who is dissatisfied with the distribution of Saturday, Sunday or holidays in Kirin’s rostering arrangements may seek redress through the dispute resolution procedure in this Agreement.
12.4 Kirin will create a fortnightly roster setting out starting and finishing times for each employee. Once the roster is posted it may only be changed:
(a) by 7 days notice;
(b) by agreement between Kirin and the employees affected; or
(c) in an emergency with 24 hours notice.
12.5 Kirin may operate an "Extended Hours Roster" in accordance with Attachment B, comprising 4 working patterns (A, B, C, and D) operating over a 4-week cycle where:
(a) patterns A and B require the employees to work seven 12-hour shifts Monday to Sunday in each fortnightly pay cycle. Each shift consists of 10.857 hours of ordinary time and 1.143 hours of overtime.;
(b) pattern C requires the employees to work eight 8-hour shifts and one 12-hour shift from Monday to Friday inclusive in each fortnightly pay cycle;
(c) pattern D is the relief shift. Employees engaged on pattern D may be re-assigned to patterns A, B or C to cover absences caused by planned absences such as annual leave, and long service leave, or to cover unplanned absences such as sick leave. Kirin will give 7 days notice of the requirement for an employee to cover a planned leave absence. Kirin will give as much notice as is practicable of the requirement to cover an unplanned absence.
12.6 The Extended Hours Roster, described in Attachment B, may be varied by agreement between the parties.
13. HOLIDAYS
13.1 The following days are holidays:
(a) New Year’s day;
(b) Australia Day;
(c) Labour Day;
(d) Good Friday;
(e) Easter Monday;
(f) Anzac Day;
(g) State Foundation Day;
(h) Sovereign’s Birthday;
(i) Christmas Day; and
(j) Boxing Day.
13.2 Subject to sub-clause 12.3, Kirin may require an employee to work on any one or more holidays.
13.3 Employees who are rostered to work their ordinary hours of work on a holiday are not entitled to alternative time off or any additional payment in relation to those rostered hours.
14. PROTECTIVE CLOTHING
14.1 An employee who has completed 3 months' service to Kirin’s satisfaction will be supplied with the following items of protective clothing. The clothing will be provided at Kirin’s cost.
14.2 The items of protective clothing referred to in sub-clause 14.1 are:
(a) five shirts;
(b) three trouser or shorts sets;
(c) two tee shirts or singlets;
(d) two pullovers;
(e) one jacket;
(f) one pair of overalls; and
(g) two pairs of socks.
14.3 All clothing apart from socks will be embroidered with Kirin's name.
14.4 The items of protective clothing referred to in sub-clause 14.2 will be replaced after reasonable wear and tear except socks which will be replaced at two pairs per year.
14.5 All clothing and footwear will be at a quality and cost as decided by Kirin management.
14.6 Wet weather protective clothing will be provided to employees working in wet weather conditions. Such protective clothing is to remain the property of Kirin.
14.7 The employee must launder all issued clothing, except for clothing provided under sub-clause 14.6, at his or her own cost.
15. SALARY
15.1 Kirin will pay each employee an annual salary based on the classification of work in which that employee is engaged, in accordance with the following table:
Operative Date / MPO LEVEL 1 / MPO LEVEL 2 / MPO LEVEL 31 January 2006 / $38,844.00 / $43,700.00 / $48,555.00
1 January 2007 / $40,010.00 / $45,011.00 / $50,012.00
1 January 2008 / $41,210.00 / $46,361.00 / $51,512.00
15.2 The salary payable in accordance with sub-clause 15.1 includes payment for:
(a) all ordinary hours of work; and
(b) all allowances, bonuses and loadings;
but does not include:
(c) overtime payments; and
(d) superannuation contributions required by law.
15.3 The salary will be paid in equal fortnightly instalments.
16. CLASSIFICATION DESCRIPTORS AND STRUCTURE
16.1 The Classification Descriptors and Structure is Attachment A to this Agreement.
16.2 Kirin will review the appropriateness of the classification of each MPO level 1 and MPO level 2 employee on the following basis:
(a) MPO level 1 employees will be reviewed on or before the 31 March and 30September each year; and
(b) MPO level 2 employees will be reviewed on or before 30 September each year.
17. SUPERANNUATION
17.1 Kirin will pay superannuation contributions based on each employee’s ordinary time earnings (as stipulated in sub-clause 15.1) in accordance with the minimum requirements of the Superannuation Guarantee Administration Act 1992 (Cth).
17.2 Each employee may nominate a complying superannuation fund into which Kirin must make the superannuation contributions to which clause 17.1 refers.
17.3 Kirin must notify each employee of their entitlement to nominate a complying superannuation fund into which Kirin must make the superannuation contributions to which clause 17.1 refers.
17.4 Kirin and each of the employees is bound by the respective employee's nomination of complying superannuation fund unless the employee and Kirin agree to change that nomination.
17.5 Kirin will not unreasonably refuse to agree to any request by an employee to change that employee's nomination of complying superannuation fund.
17.6 If an employee does not nominate a complying superannuation fund, then Kirin will direct the superannuation contributions to the employee’s account with Westscheme.
18. DISPUTE SETTLEMENT PROCEDURE
18.1 In the event of a dispute or grievance arising, the following steps will be taken.
(a) The employee will discuss the matter with the appropriate Supervisor and endeavour to resolve the issue.
(b) If the matter remains unresolved the employee will discuss it with the Technical Director (or his delegate) and the Supervisor and endeavour to resolve the issue.
(c) If the matter remains unresolved the employee will discuss it with a member of Kirin’s executive staff who shall endeavour to resolve the issue.
(d) If the matter remains unresolved either party may formally declare the existence of a dispute and shall notify the other party in writing of the details of the dispute.
(e) If the matter remains unresolved either party may refer it to the Commission for conciliation and/or arbitration.
18.2 Either party may be represented in any discussions by their choice of representative. Each party will bear its own representation costs.
18.3 A party who is required to participate in discussions in accordance with sub-clauses 18.1(b) and/or (c) must be given reasonable notice of requirement to hold discussions.
18.4 Discussions to be conducted in accordance with sub-clauses 18.1(b) and/or (c) will occur without unnecessary delay.
18.5 Kirin or the Employees may delay the commencement of discussions for up to 24 hours if their representative is unavailable to participate in those discussions. The unavailability of a representative will not delay the conduct of discussions for more than 24 hours.
18.6 For the purposes of this Agreement, written notification includes a letter, email or facsimile transmission.
The provisions set out above are agreed between Kirin Australia Pty Ltd and the Breweries and Bottleyards Employees’ Industrial Union of Western Australia.
……………………………..Fumihiko (Mick) Yokoyama, Managing DirectorKirin Australia Pty Ltd
………………………………..Ron Murphy, SecretaryBBEIU of WA
………………………………..Robert Bunce, PresidentBBEIU of WA
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ATTACHMENT A - CLASSIFICATION DESCRIPTIONS
LEVEL / GENERAL DESCRIPTION / SKILLS/COMPETENCIES / STANDARD/SUPERVISORY REQUIREMENT / INDICATIVE TASKSMPO 1 / An MPO 1 is an entry level position. Employees in this classification are new entrants with little or no prior work experience in malt production. An employee in this classification should usually take 3-6 months to progress to the level of MPO 2. / 1. Able to read and understand safety warnings.
2. Able to read technical publications and learn malt production methods and procedures
3. Able to learn basic malting process from dry hopper filling to finished product.
4. Able to follow written and verbal instructions. / 1. An MPO 1 must be rostered to work with an MPO 2 or a person with at least the equivalent skill or experience in MPO work.
2. Able, with proper instruction, to meet the requirements to progress to MPO 2 within 6 months of commencement / 1. Barley Receival – Identify varieties, do receival analysis according to Kirin standards and record information on Kirin's documentation
2. Malt Outloading – Operate loading equipment, take and check samples, record information on Kirin's documentation.
3. Inform Production Supervisor, Technical Director (or his delegate) when an alarm is activated.
MPO 2 / An MPO 2 who is fully trained in all MPO 2 tasks and can perform those tasks with little or no supervision or support. / 1. Has detailed knowledge of the process by which malt is produced from barley.
2. Understands the function and operation of each item of plant used in MPO work.
3. Able to safely operate each item of the plant / An MPO 2 must be able to work on standard MPO 2 level tasks with little or no supervision. / 1. Set programs i.e. steeping, turners, kiln, and germination.
2. Record information on the process log sheet.
3. Notify Production Supervisor, Technical Director (or his delegate) immediately on becoming aware that equipment is not working correctly (noise, heat, smell etc.).
4. Answer, report, and rectify alarms.
MPO 3 / An MPO 3 is a fully trained employee who is capable not only of performing all aspects of MPO work but is capable of instructing and coaching other employees engaged in any aspect of MPO work. / 1. Skills set out for MPO 2 level.
2. Able to perform simple maintenance to all items of plant and adjustments to process settings.
3. Have thorough knowledge in all aspects of the malting process.
4. The ability to “plan ahead.” / An MPO 3 must be able to work on all MPO 2 level tasks without supervision / 1. Be able to run the plant without supervision.
2. Answer, report, and rectify alarms.
3. Be able to do simple routine maintenance and adjustments.
INTERPRETATION