Nilsen Electric (WA) Pty Ltd Enterprise Agreement 1996

14

Nilsen Electric (WA) Pty Ltd

Enterprise Agreement 1996

NO. AG 183 OF 1996

1. - TITLE

This Agreement will be known as the Nilsen Electric (WA) Pty Ltd Enterprise Agreement 1996 and will replace registered industrial agreement AG116 of 1995.

2. - ARRANGEMENT

1 Title

2 Arrangement

3 Area and Scope

4 Parties Bound

5 Date and Period of Operation

6 Application of Agreement

7 No Extra Claims

8 Objectives of Agreement

9 Dispute Procedure

10 Consultative Processes

11 Training

12 Measures to Achieve Gains in Productivity, Efficiency and Flexibility

13 Monitoring of Agreement

14 Wages

15 Date and Signatures

3. - AREA AND SCOPE

Subject to clause 6 below, this Agreement will apply to Nilsen Electric (WA) Pty Ltd (Nilsen), 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 60.

4. - PARTIES BOUND

This Agreement is made between Nilsen and the Union.

5. - DATE AND PERIOD OF OPERATION

This Agreement will operate from 1 January 1996 and will remain in force until 31st 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 Nilsen 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 Nilsen 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 Nilsen are contracted to carry out, and Nilsen 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 Nilsen and its employees at a competitive disadvantage, and productivity and flexibility have not improved then Nilsen 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, Nilsen, 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, Nilsen, 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, Nilsen 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 Nilsen’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, Nilsen 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 Nilsen’s operations;

(b) encouraging Nilsen’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 Nilsen and the Union on Nilsen’s work sites.

(i) enhancing job satisfaction;

(j) improving Nilsen’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 Nilsen 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 Nilsen and its employees.

(2) A Consultative Committee (the Committee) may be established within Nilsen. The composition and size of Committee will be determined by the parties.

(3) The Committee will initially be chaired by Nilsen's State Manager or nominee. A representative of the Union may attend meetings. A representative of the Electrical Contractors’ Association of WA (ECA) and/or CCI may attend the meetings.

(4) The role of the Committee is to act as a forum for consultation, guidance and advice between Nilsen 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 Nilsen 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 Nilsen.

11. - TRAINING

(1) Nilsen 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 Nilsen at the forefront of the industry.

(2) The parties to this Agreement recognise that in order to increase the efficiency, productivity and competitiveness of Nilsen, 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 Nilsen.

(3) It is agreed that a training programme be developed consistent with:

(a) the current and future skill needs of Nilsen;

(b) the size, structure and nature of Nilsen;

(c) the need to develop vocational skills relevant to Nilsen 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 Nilsen 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 Nilsen and the majority of affected employee(s) Nilsen may reschedule ordinary working hours;

(ii) the spread of hours may be altered by agreement between Nilsen 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 Nilsen 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 Nilsen wish to reschedule an RDO, Nilsen 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.

(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 Nilsen. Nilsen 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) Nilsen will introduce a roster system to endeavour to allocate overtime hours in a fair and equitable manner at Nilsen's discretion, provided that this will not disadvantage Nilsen in any way.

(d) In conjunction with the roster system Nilsen will select the employees required to work overtime according to the needs of Nilsen 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 Nilsen, 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 Nilsen 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 Nilsen 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 Nilsen.

(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.

(c) A suitable jacket will be supplied and/or replaced on a fair wear and tear basis and will only be available for issue between the 1st April and 30th September each year.

(8) Care of Nilsen Property

(a) It is agreed that employees will treat all property, plant and equipment owned or hired by Nilsen 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.