Minesite Personnel Pty Ltd Certified Agreement 1999

Minesite Personnel Pty Ltd Certified Agreement 1999

NO. AG 71 of 1999

1. - TITLE

(1) This Agreement shall be known as the “Minesite Personnel Pty Ltd Certified Agreement 1999”.

(2) At the date of registration this agreement covered 50 employees.

2. - ARRANGEMENT

1. Title

2. Arrangement

3. Term of Agreement

4. Application and Scope of Agreement

5. Aims and Objectives

6. Best Practice

7. Resolution of Disputes

8. Workforce meetings

9. Right of Entry

10. Safety Procedure

11. General Conditions of Employment

12. No Extra Claims

13. Safety and Protective Clothing

14. Wage Rates

15. Site Allowance

16. Welding Allowance

17. Shift Work

18. Redundancy Payment

19. Superannuation

20. Travel and Project Specific Attendance Payment

21. Journey Cover

22. Income Protection

3. - TERM OF AGREEMENT

This Agreement shall have effect from 25May 1999 and shall remain in force until March 2000. The parties shall negotiate a further agreement February 2000.

4. - APPLICATION AND SCOPE OF AGREEMENT

(1)  This Agreement applies to and is binding upon Minesite Personnel Pty Ltd, its employees and the Automotive, Food, Metals, Engineering, Printing and Industries Union (AMWU) in the State of Western Australia engaged in construction work.

(2)  Except as previously provided by this Agreement, the terms and provisions of the Metal Trades (General) Award Part II Construction Work No 13 of 1965 (the State Award) shall apply to the work.

(3)  Where there is any inconsistency between the terms of this Agreement and the State Award, the Agreement shall prevail to the extent of the inconsistency.

(4)  (a) Award

Metal Trades (General) Award 1966 Part II No 13 of 1965.

(b) Union

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AFMEPKIU).

5. - AIM AND OBJECTIVES

This Agreement is designed to enable the employer, employees and their union to co-operate with the objectives of ensuring successful and timely completion of Projects.

All parties to this Agreement are committed to:

(1) Providing high standards of occupational health and safety on the Projects.

(2) Promoting the concept of an adaptable committed versatile and highly skilled workforce.

(3) Increasing job satisfaction for all Project personnel.

(4) Eliminating industrial relations lost time by the resolution of conflicts in accordance with agreed procedures.

(5) Achieving a productive and efficient working environment on the Projects.

(6) Facilitating a co-operative approach to employee relations.

(7) Taking steps to improve and enhance communication between employees and management/supervisors.

6. - BEST PRACTICE

The parties agree that Best Practice is simply the best way of doing things - it is a process of constantly changing and adapting to new pressures and work methods. Best practices are not fixed. it is the method of operation to achieve exemplary levels of performance. Best practices are not restricted to an examination of cost, but also include quality and timely completion of work in a safe and efficient manner.

(1)  Best Practice for this Agreement includes:

(a)  Understanding and measuring client needs;

(b)  Skilled workforce;

(c)  Employee involvement and participation to achieve Best Practice principles;

(d)  Provision of a healthy and safe working environment and work practices; and

(e)  The achievement of excellence through continuous improvement.

(2)  The parties to this Agreement are committed to continuously improving efficiency and quality of work and as a consequence the following arrangements shall be adopted by this Enterprise.

(a)  Efficient Safe Work Practices and Active Safety Programmes consistent with achieving zero lost time injuries.

(b)  Promotion of Industrial Harmony - by combining effective grievance resolution, consultation with and involvement of employees about their work and good management/employee practices to prevent all disputation.

(c)  Flexible Assignment - where the employer may utilise an employee on any task that is within the employee's competence, classification, consistent with relevant statutory requirements and the employer's duty to provide a safe and healthy work environment.

(d)  Retrenchments - the parties to this Agreement recognise that length of service, the skills held by individuals, the work remaining with the employer and continuity of service with the employer may be taken into account in determining retrenchments.

7. - RESOLUTION OF DISPUTES

In the event of any issue or grievance arising within the Enterprise any such issue or grievance or any other like matter shall be dealt with in accordance with the following steps:

(1) Where an issue or grievance arises the matter shall initially be discussed between the employee concerned, and if the employee so desires their union delegate, and the employee's immediate supervisor.

(2) If the matter is not resolved by the discussions referred to in subclause(l) of this clause, the employee and/or union delegate shall discuss and attempt to resolve the issue or grievance with Minesite Personnel Pty Ltd's management.

(3) Where the above discussions fail to resolve the issue or grievance, it shall be referred to the contractor's senior management representative or nominee and an accredited official of the relevant union. The parties shall then initiate steps to resolve the issue or grievance as soon as possible.

(4) While the steps in subclauses(l), (2) and (3) of this clause are being followed, no industrial action shall be taken. The emphasis will be on an agreed settlement of an issue or grievance.

(5) if the issue or grievance is still not resolved, either party may refer the matter to the Western Australian Industrial Relations Commission for conciliation and, if necessary, arbitration.

(6) The contractor shall ensure that all practices applied during the operation of the procedure are in accordance with safe working principles and consistent with established Project custom and practices.

(7) At all stages of this process, the emphasis shall be on a negotiated settlement.

8. - WORKFORCE MEETINGS

It is recognised that from time to time the union may wish to convene workforce meetings to discuss or report on relevant issues relating to Projects.

Where such meetings are convened by the union they shall occur at the most convenient time so as not to interrupt the work programme, i.e. prior to commencement of work, shift breaks, smoko or lunch break.

9. - RIGHT OF ENTRY

On notifying the employer or the employer's representative, the Secretary or any authorised officer of a Union party to this agreement shall have the right to visit any job at any time when work is being carried on, whether during or outside the ordinary working hours and to interview the employees covered by this agreement, provided that the secretary or any authorised officer does not unduly interfere with the work in progress.

10. - SAFETY PROCEDURE

The intention of this procedure is to address safety issues whilst wherever possible maintaining productive work. Nothing in this Clause diminishes the obligations and duties of the employer and employees as prescribed in the Occupational Safety and Health Act 1984 (WA) and the Safety and Health Regulations 1996 (WA), or the Mine Safety Act and Regulations 1994.

(1) An employer shall not require an employee to work in an unsafe manner or environment.

(2) No employee shall work in an unsafe manner or environment.

(3) Where an employee becomes aware of an issue relating to occupational health, safety and welfare the employee shall in the first instance advise their Supervisor of the concern(s).

(4) Where an employee encounters what the employee believes to be a safety hazard or is allocated work which the employee considers is unsafe, the employee shall immediately advise the supervisor and that work shall not be carried out until such time as the matter is resolved, provided the work may continue on conditions agreed between the parties.

The aim shall be to resolve the matter as soon as possible.

11. - GENERAL CONDITIONS OF EMPLOYMENT

Except as provided in this Agreement, the terms and conditions of each employee covered by this Agreement shall be as prescribed in the Award by which the employee would be bound if not for this Agreement and where the provisions of such Award are inconsistent with the provisions of this Agreement, the provisions of this Agreement shall prevail.

12. - NO EXTRA CLAIMS

This Agreement is made in full and final settlement of all claims with respect to terms and conditions of employment. The parties to this Agreement shall not make any further claims.

The package of rates and conditions contained in this Agreement are recognised by the parties as covering all circumstances and disabilities covered by this Agreement.

13. - SAFETY AND PROTECTIVE CLOTHING

(1) Each employee upon commencement of employment with the Employer shall be provided with one (1) pair of safety boots (unless the employee has been previously provided with boots which are in good condition) free of charge which shall be replaced on a fair wear and tear basis.

(2) Each employee shall be issued with a safety helmet and safety glasses (to the approved Australian Standard) to be worn while working on sites.

(3) All employees on commencement shall be supplied with two (2) sets of clothing. Arrangements between the individual employers on the best method of supply of clothing is to be agreed. In circumstances beyond an employers' control or in case of difficulty of supply a maximum of one (1) week to obtain clothing is accepted.

(4) The clothing issue shall consist of:

(a) Two (2) trousers and two (2) shirts.

or

(b) The equivalent in overalls (long sleeves).

(5) Each employee who has worked between the period 1 May and 1 October shall be provided with one (1) bluey jacket. Provided that an employee does not receive more than one (1) bluey jacket in any 12 month period other than on a fair wear and tear basis.

(6) Standardisation of safety equipment is the goal of all parties to ensure removal of the risk of incompatible equipment use on the Projects. This is defined as, e.g. safety glasses, ear plugs, ear muffs, hard hat, welding screens and shields, grinding shields, goggles etc.

14. - WAGE RATES

Employees bound by the terms of this Agreement shall be paid the wage rates shown below on and from the dates indicated according to their classification as per the relevant Award. Any future changes in Award rates will not affect these agreed schedules.

Metal Trades (General) Award 1996 - Part II Construction

Classification / Registration
$ / 1 May 1999
$ / 1 November 1999
$
Instrumentation and Controls Tradesman / 801.10 / 825.13 / 849.89
Instrumentation Tradesman -Complex Systems / 743.85 / 766.17 / 789.15
Instrument Tradesman / 729.50 / 751.39 / 773.93
Scientific Instrument / 729.50 / 751.39 / 773.93
Welder-Special Class / 725.00 / 746.75 / 769.15
Welder / 703.96 / 725.08 / 746.83
Boilermaker / 703.96 / 725.08 / 746.83
Tradesman the greater part of whose time is occupied in marking off and/or template making / 709.96 / 731.26 / 753.20
Mechanical Tradesman Special Class / 743.00 / 765.29 / 788.49
Tradesperson / 703.96 / 725.08 / 746.83
Pipe Fitter / 703.96 / 725.08 / 746.83
Certified Rigger, Scaffolder or Dogman / 651.16 / 670.69 / 690.82
Rigger or Scaffolder - Other / 634.50 / 653.54 / 673.14
Tool and Material Storeman / 628.50 / 647.35 / 666.78
Tradesperson's Assistant / 615.26 / 633.72 / 652.73
Lagger / 625.50 / 644.27 / 663.60

Note 1: The above "EBA Rate Per Week' excludes Award provisions relating to tool and leading hand allowances. Clause 10(2) (b) of the Metal Trades (General) Award 1966 Part II Construction shall apply - Riggers/Scaffolders.

15. - SITE ALLOWANCE

A flat site allowance of $3.20 per hour for each hour worked shall be paid in recognition of all disabilities associated in carrying out construction and commissioning work on Projects and such payment shall be in lieu of all prescribed disability or similar allowances which otherwise may have applied.

16. - WELDING ALLOWANCE

Welders qualified and required by the Employer to carry out coded welding work in accordance with the Employer's nominated welding standards shall be paid an all purpose allowance at the rate of $35.00 per week.

17. - SHIFT WORK

(1) The employer may require employees to work shift work and the employee shall work shift work as required provided the employee is given one (1) week's notice of intention to do so including the intended starting and finishing times of the respective shifts.

(2) The loading for ' shift work shall be in accordance with the relevant Award. -

(3) Furthermore, for employees bound by the Metal Trades (General) Award 1966 Part II Construction No 13 of 1965, a flat loading of 25% of the ordinary rate shall apply for each hour worked beyond the ordinary hours on the night shift.

(4) Except as provided in this Clause, the provision of the relevant Award shall apply.

18. - REDUNDANCY

A redundancy payment of $50.00 per week shall be paid to employees upon termination.

19. - SUPERANNUATION

(1) Subject to the terms of this Clause, Minesite Personnel Pty Ltd undertakes to make contributions to Construction and Building Superannuation Scheme at a minimum rate of fifty (50) dollar per employee per week and in accordance with the Superannuation Guarantee Act.