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OTIS BUILDING TECHNOLOGIES -
WESTERN AUSTRALIA ELEVATOR DIVISION
CERTIFIED AGREEMENT 1996
AG 202 OF 1996
1. TITLE
This Agreement shall be referred to as the Otis Building Technologies - Western Australia Elevator Division Certified Agreement 1996.
2. ARRANGEMENT
Clause Title Clause No.
Application 3
Arrangement 2
Avoidance of Industrial Disputes 11
Date & Period of Operation 5
Equalisation of Pay & Conditions 15
Measures to Achieve Gains in Productivity 8
National Standards 10
No Extra Claims 14
Precedents 13
Parties Bound 4
Portability of Agreement 16
Previous Agreements 9
Relationship to Parent Award 6
Single Bargaining Unit 7
Title 1
Wage Increases 12
Appendix 1 (Pay Schedule)
Appendix 2 (Special Conditions)
3. APPLICATION OF AGREEMENT
This Agreement shall apply in respect of all Otis Building Technologies Elevator Division employees employed in the State of Western Australia, who are engaged in any of the occupations, industries or callings specified in the Lift Industry (Electrical & Metal Trades) Award 1973.
4. PARTIES BOUND
The parties to this Agreement are:
(a) Otis Building Technologies Pty. (O.B.T.)
(b) Otis Elevator Company Pty. Ltd.
(c) All nineteen employees employed in the State of Western Australia, whether members of an organisation of employees listed in subclause (d) hereof or not, engaged in any of the occupations, industries or callings specified in the Lift Industry (Electrical & Metal Trades) Award 1973.
(d) The organisations of employees listed below and the members thereof respectively:
l Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Workers Union - Engineering & Electrical Division, Western Australia (C.E.P.U.).
l The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch (A.F.M.E.P.K.I.U.).
5. DATE AND PERIOD OF OPERATION
This Agreement shall operate from the date of Certification and will expire on 2 June 1997.
6. RELATIONSHIP TO PARENT AWARD
This Agreement shall be read and interpreted wholly in conjunction with the Lift Industry (Electrical & Metal Trades) Award 1973 and the federally registered Agreement listed in Clause 9, provided, that where there is any inconsistency between this Agreement and the abovementioned Award and Agreement, this Agreement shall take precedence to the extent of the inconsistency.
7. SINGLE BARGAINING UNIT
For the purpose of negotiating an Enterprise Agreement, a Single Bargaining Unit has been established, comprising of two (2) employee representatives from the Union and two (2) Management Representatives.
8. MEASURES TO ACHIEVE GAINS IN CUSTOMER SERVICE, PRODUCTIVITY, QUALITY, EFFICIENCY AND FLEXIBILITY
The measures set out in Attachment 1 have been designed to achieve real and demonstrable gains in customer service, quality, productivity, efficiency and flexibility, and the parties are committed to their full implementation during the life of this Agreement.
9. PREVIOUS AGREEMENT
It is understood and agreed that all items already agreed to in the Otis Australia - Construction and Service Employees Certified Agreement 1994 will be adopted, and that the new items listed in this Agreement are in addition to those previously ratified.
10. NATIONAL STANDARDS
This Agreement shall not operate so as to cause an employee to suffer a reduction in ordinary time earnings or in national standards such as standard hours of work, annual leave or long service leave.
11. AVOIDANCE OF INDUSTRIAL DISPUTES
(a) (i) As soon as is practicable where a question, dispute or difficulty has arisen the employee concerned will take the matter up with his or her immediate supervisor affording him or her the opportunity to remedy the cause of the dispute or claim.
(ii) Where any such attempt at settlement has failed, or where the question, dispute, difficulty or claim is of such a nature that further discussions with the supervisor is deemed inappropriate, the employee shall notify his/her duly accredited delegate, and the supervisor should brief his/her Manager.
(iii) Discussions should then take place with the Manager and if required by either party, a senior member of the Human Resources Department, to bring about a resolution to the problem. Failing a resolution the Delegate should then notify his union office who would then take up the complaint on behalf of their member/s with senior management.
(vi) If the question, dispute or difficulty cannot be settled and Steps 1-3 have been exhausted, the subject of disagreement will be referred at the earliest opportunity to an impartial third party, (mediator), to be appointed by the parties (eg. former Judge/Commissioner or other prominent person capable of providing a practical solution).
(v) If the parties are unable to agree on a mutually acceptable mediator, either party will submit the matter to the Western Australian Industrial Relations Commission for resolution.
Provided that with effect from 22 November, 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.
(vi) On referral, the mediator (or the Commission) shall endeavour to resolve the issue between the parties by conciliation. Should this process fail to resolve the issue between the parties, the mediator (or Commission), may arbitrate the matter with agreement by the parties.
(b) Through the above steps, common sense and respect for the other parties point of view should be maintained, and without prejudice to either party, the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitations on the performance of work while the procedures of negotiations and conciliation are being followed.
12. WAGES INCREASES
(a) In accordance with this Agreement, the following increases will be payable during the life of the Agreement, in four (4) increments as follows:
1) The first payment will be in accordance with the applicable classification from Appendix 1 and will be payable after the execution of this document by both the Company and the Unions with the commencement date for increases being effective from 24 October 1995. (3% Framework/Economic Adjustment - Remainder Productivity).
2) Subject to Clause 23) a. 3% payable from 1 June 1996 - (Productivity Adjustment).
3) Subject to Clause 23) b. 3% payable from 1 December 1996 - (Productivity Adjustment).
4) 3% payable from 1 June 1997 - (Framework/Economic Adjustment).
(b) The wage increases specified in subclause (a) of this clause shall be payable in addition to the current agreed enterprise rates of pay for the relevant classification and shall constitute part of the all-purpose rate of pay in respect of employees covered by this Agreement.
(c) The wage increases referred to in subclause (a) of this Clause shall not be absorbed into any LMAA overaward payment.
13. NOT TO BE USED AS A PRECEDENT
This Agreement shall not be used in any manner whatsoever to obtain similar arrangements or benefits in any other location or enterprise.
14. NO EXTRA CLAIMS
It is a term of this Agreement that the Unions, will not pursue any extra claims, Award or over Award, including Arbitrated Safety Net Adjustments, for the life of this Agreement.
15. EQUALISATION OF PAY & CONDITIONS
In Order to meet customer needs and to ensure equalisation of wages and conditions across O.B.T. and Otis, the parties agree that all wages and conditions (rates of pay, allowances, hours of work, work procedures, etc.) will be strictly in accordance with those that exist in the Western Australian Operation of Otis Elevator Company Pty. Ltd.
To this end, the parties agree to enter a process that will quickly identify any O.B.T. wages and conditions that conflict with those that exist in Otis. Once these conflicting wages and conditions are identified, the parties will work together to decide upon the best option (or options) to equalise the wages and conditions.
16. PORTABILITY OF AGREEMENT
This Agreement will remain in force until 2 June 1997 and be portable for all employees when moving from Otis Building Technologies to Otis Elevator Company Pty. Ltd. (W.A. Operation).
BY THE COMMISSION
COMMISSIONER
ATTACHMENT
OTIS BUILDING TECHNOLOGIES - WESTERN AUSTRALIA
ELEVATOR DIVISION CERTIFIED AGREEMENT 1996
PREAMBLE
Nothing in this Agreement precludes the right of the Company to negotiate further increases with its employees and relevant Unions at the individual company level based on agreed productivity gains.
FRAMEWORK
PART A
1) ACCOUNTABILITY
The wage increases payable under this enterprise agreement rely upon the parties (company, unions and employees) at each enterprise being committed and accountable for ensuring that the productivity improvements specifically identified in this agreement and implied in the spirit of the agreement will be delivered.
To ensure that the productivity improvements negotiated under this framework and at the enterprise level are achieved and maintained, a consultative committee, including management and employees, will be established at each enterprise to monitor the implementation of the provisions of the agreement.
The parties at the enterprise level will negotiate the size and constitution of the committee where there is no existing arrangement.
The committee will conduct a review on a bi-monthly basis (or as otherwise agreed).
The details of the review procedures and dates and any corrective action necessary to attain the productivity improvements will be agreed at the enterprise level.
In the event that productivity improvements are not achieved and the problem cannot be resolved at the enterprise level, the parties will seek to resolve the matter in accordance with the disputes procedure.
The company agrees that wages paid for changes under this Agreement will not be withdrawn unless the employees/ union refuse to implement or withdrawn the agreed changes.
2) FAMILY LEAVE
Where an employee takes ‘approved’ Sick Leave for ‘Family Leave’ purposes (as defined below) and no award entitlement remains for payment, by agreement between the company and the employee, other paid leave such as Annual Leave or Long Service Leave may be taken.
In extenuating circumstances, where no such entitlements exist, the company agrees to review the situation and may extend ex gratia payments or leave in advance. This is to be granted at the company’s discretion.
Definition
The extension of family leave will be subject to the following conditions:-
· the production of satisfactory evidence of illness;
· the employee must have responsibility for the care of the family member concerned;
· the family member being either:-
* a member of the employee’s household; or
* a member of the employee’s immediate family (as defined in the Sex Discrimination Act 1984)
3) APPRENTICES
The company agrees that they will, subject to operational and business requirements, continue/employ junior apprentices provided that the employment of any additional junior apprentices to satisfy the above does not jeopardise the employment of current personnel. Consideration will be given to the usage of Electrical Mechanic apprentices for short term durations from group schemes on a workload requirement basis.
4) OVERTIME
The company agrees that overtime should be held within reasonable limits. However, in exceptional circumstances where overtime in a two month period exceeds 25% of normal working time, it is agreed to review the employment situation with the shop stewards (and may include union representation). The foregoing calculations will not include any site where a six day week is a normal part of the working hours of that site and/or overtime accumulated on normal after hours “callback” work for Service Calls by a night call mechanic.
5) FIVE DAY ROSTER MONDAY TO SUNDAY
The Five Day Roster Monday to Sunday shall be restricted to employees carrying out Repair work and Escalator cleaning.
Provided an employee is given seven days notice, the ordinary hours of work prescribed by the award may be worked on any five consecutive days Monday to Sunday inclusive. Where such work is performed on a Saturday, Sunday or a public holiday, the prescribed award penalty rates will apply (Monday being paid at single time).
R.D.O. Accrual
Where an employee is required to work in excess of five days in any week, the first eight hours worked on each of Monday to Friday will be treated as ordinary hours and will be used for the purpose of RDO accrual. Hours worked on Saturday, Sunday or public holidays will attract penalty rates as prescribed in the Lift Industry (Electrical & Metal Trades) Award 1973 and would accrue time for R.D.O.
6) CAREER PATH/TRAINING ASSOCIATED WITH AWARD STRUCTURE
The company agrees in principle to provide a career path and associated training for its employees. Courses must be company related, approved in advance and relevant to current position or career path.
Courses should be accredited and reflect national standards whenever practicable.
7) MERT
The company agrees to participate in the MERT scheme, provided that the company, by agreement with its employees and the relevant union/s, may agree to an alternative arrangement.
8) PAYMENT OF WAGES BY E.F.T.
The acceptance of this agreement prevents employees and union(s) from making any claims for reimbursement of any taxes or charges associated with wage payments through the banking system.
9) PAYMENT OF WAGES
Implementation of payment of wages fortnightly at the company’s discretion.
Provided that wages will be available one week in arrears and one week’s normal pay (including travelling allowance) in advance. Any overtime or other allowances earned during the week paid in advance will be paid in the following pay.
FRAMEWORK
PART B
10) HOURS OF WORK FLEXIBILITY
In order to meet the changing needs of customers in the market place and their methods of working:
1. It is intended that the company will, following reasonable consultation with its employees, introduce shift work pursuant to Clause 13 of the Lift Industry (Electrical & Metal Trades) Award 1973.
The parties agree that the structure of shift work will be revised and adjusted if necessary according to prevailing business commitments.
2. The flexible use of ordinary hours of work within the Award defined spread of hours will be implemented and guidelines will be established at each enterprise in full consultation with the unions and the employees concerned, prior to implementation. Agreement shall not be unreasonably withheld.
The Company, employees and unions are committed to a more flexible, productive workplace and lift industry.
11) TIME OFF IN LIEU OF OVERTIME