1

O’Donnell Griffin (Maintenance Operations) Port Hedland Enterprise Bargaining Agreement 1997

No. AG 87 of 1997

1. - TITLE

This Agreement shall be known as the O’Donnell Griffin (Maintenance Operations) Port Hedland Enterprise Bargaining Agreement 1997.

1A. - NO EXTRA CLAIMS COMMITMENT

It is a condition of this Agreement that during its term, there shall be no extra claims on any of the items which have been agreed upon and are contained in this Agreement.

2. - ARRANGEMENT

1.Title

1A.No Extra Claims Committment

2.Arrangement

3.Term

4.Area and Scope

5.General Conditions of Employment

6.Site Disability Allowance

7.Local Living Allowance

8.Rest and Recreation

9.Essential Works Procedure

10.Safety & Security Procedures

11.Drug & Alcohol Procedures

12.Dispute Settlement Procedure

13.Living Away From Home Allowance

14.Signatories

3. - TERM

This Agreement shall operate from the first pay period commencing on or after 1 November 1996 and shall continue in force for a period of two years.

4. - AREA AND SCOPE

This Agreement shall be binding upon:-

(i)O’Donnell Griffin (Maintenance Operations)

(ii)The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, Western Australian Branch (CEPU).

(iii)Employees of O’Donnell Griffin (Maintenance Operations) who are engaged on minor project work and preparatory work, maintenance, servicing, shutdown operations, modifications of plant and equipment and work incidental thereto at the Iron Ore facilities owned by BHP at Nelson Point and Finucane Island.

(iv)At the time this Agreement was entered into, there were approximately 8 employees engaged by O’Donnell Griffin at the Iron Ore facilities owned by BHP at Nelson Point and Finucane Island.

5. - GENERAL CONDITIONS OF EMPLOYMENT

This Agreement is to be read in conjunction with:-

(i)The Electrical Contracting Industry Award No. R22 of 1978.

(ii)The O’Donnell Griffin/Wormald Fire Systems Western Australia Enterprise Bargaining Agreement 1996.

Where there is any inconsistency between this Agreement and either of the documents named above, the terms and provisions of this Agreement shall prevail to the extent of such inconsistency.

6. - SITE DISABILITY ALLOWANCE

(i)A site disability allowance is specifically prescribed to compensate each employee for all disabilities associated with work within the scope of the Agreement and shall be paid in lieu of allowances (1) to (16) inclusive prescribed in Clause 18. - Special Rates and Provisions of the Electrical Contracting Industry Award No. R22 of 1978.

(ii)The site disability allowance shall be $2.50 for each hour worked.

7. - LOCAL LIVING ALLOWANCE

For those employees engaged locally, a local living payment of $230.00 per completed week of service is payable subject to the following conditions:-

Employees are required to produce evidence of local residency to the satisfaction of the employer.

This payment does not apply to employees who receive from their employer accommodation expenses in lieu of full board and lodging, i.e. Living Away From Home Allowance.

This payment is forfeited on a pro-rata basis in respect of any week in which the employee engages in any form of industrial action or is absent from work without authorisation.

This payment is not payable on annual leave except where the employee satisfies the employer that the employee is still incurring costs within the area whilst on annual leave.

This payment comes into effect from the first full pay period commencing after 1 November 1996.

8. - REST AND RECREATION

(a)Distant employees who qualify for rest and recreation leave in accordance with Clause 21. - Distant Work of the Electrical Contracting Industry Award R22 of 1978 shall have the period of continuous service on site reduced to 10 weeks in lieu of the Award prescription before being entitled to the leave. Time off and payment is in accordance with the abovementioned Award provision.

(b)Where the method of working the 38 hour week is such that a Rostered Day Off (RDO) accrues every 20th day, the RDO shall be paid for and taken concurrently with the period of R & R leave.

(c)Any period of employment in respect of which an employee has an unauthorised absence shall not count towards determining the employees rights to travel and leave under this subclause.

9. - ESSENTIAL WORKS PROCEDURE

Employees are committed to ensuring that there is an uninterrupted and continuous supply of labour when the respondents are carrying out the following works:-

shutdowns; and

emergency services

once these works have commenced, provided it is safe to do so.

10. - SAFETY AND SECURITY PROCEDURES

(a)The employee shall comply with all safety regulations determined by the employer and/or BHP Iron Ore.

(b)An employee covered by this Order shall display or produce on request any form of personal identification issued for that purpose by the employer.

(c)Any employee who breaches safety or security regulations may be deemed to be guilty of misconduct.

11. - DRUG AND ALCOHOL POLICY

When completed, all parties to this Agreement shall commit to the immediate implementation of the Drug and Alcohol Policy which is currently being developed by agreement between BHPIO and its employees.

12. - DISPUTE SETTLEMENT PROCEDURE

In such an event that there arises any question, dispute or difficulty pertaining to this agreement, it shall be processed in accordance with Clause 27 - of the Electrical Contracting Industry Award No. R22 of 1978.

13. - LIVING AWAY FROM HOME ALLOWANCE

(1)Where an employee is engaged or selected or advised by an employer to proceed to construction work at such a distance that he cannot return to his home each night and the employee does so, the employer shall provide the employee with suitable board and lodging or shall pay the expenses reasonably incurred by the employee for board and lodging. Expenses reasonably incurred by the employee for board and lodging shall equate to three hundred and sixty four dollars ($364.00) per week for the duration of this Agreement.

(2)The provisions of subclause (1) of this clause does not apply with respect to any period during which the employee is absent from work without reasonable excuse and in such case, where the board and lodging is supplied by the employer, he may deduct from monies owing or which may become owing to the employee an amount equivalent to the value of that board and lodging for the period of absence.

14. - SIGNATORIES

Signed for and on behalf of O’Donnell Griffin (Maintenance Operations).

Peter Godley (signed)Peter Godley27/3/97

SignatureName of person authorisedDate

to sign (print)

indecipherable (signed)Project Manager27/3/97

Witness SignatureTitle (print)Date

THE COMMON SEAL of)

Communications, Electrical, Electronic )

Energy, Information, Postal, Plumbing &)COMMON SEAL

Allied Workers Union, Engineering &)

Electrical Division, Western Australian)

Branch.)

was hereunto affixed in the presence of:)

W. Game (signed)State Secretary24 - 3 - 97

SignatureTitle (print)Date

indecipherable (signed)Clerk24 - 3 - 97

Witness SignatureTitle (print)Date

VARIATIONRECORD

O’Donnell Griffin (Maintenance Operations) Port Hedland Enterprise Bargaining Agreement 1997

No. AG 87 of 1997

Delivered 17/04/97 at 77 WAIG 1212

Consolidated

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1. Title

As deliveredAG 87/9717/04/9777 WAIG 1212

1A. No Extra Claims Committment

As deliveredAG 87/9717/04/9777 WAIG 1212

2. Arrangement

As deliveredAG 87/9717/04/9777 WAIG 1212

3. Term

As deliveredAG 87/9717/04/9777 WAIG 1212

4. Area and Scope

As deliveredAG 87/9717/04/9777 WAIG 1212

5. General Conditions of Employment

As deliveredAG 87/9717/04/9777 WAIG 1212

6. Site Disability Allowance

As deliveredAG 87/9717/04/9777 WAIG 1212

7. Local Living Allowance

As deliveredAG 87/9717/04/9777 WAIG 1212

8. Rest and Recreation

As deliveredAG 87/9717/04/9777 WAIG 1212

9. Essential Works Procedure

As deliveredAG 87/9717/04/9777 WAIG 1212

10. Safety & Security Procedures

As deliveredAG 87/9717/04/9777 WAIG 1212

11. Drug & Alcohol Procedures

As deliveredAG 87/9717/04/9777 WAIG 1212

12. Dispute Settlement Procedure

As deliveredAG 87/9717/04/9777 WAIG 1212

13. Living Away From Home Allowance

As deliveredAG 87/9717/04/9777 WAIG 1212

14. Signatories

As deliveredAG 87/9717/04/9777 WAIG 1212