27
SHIRE OF BUSSELTON CERTIFIED
ENTERPRISE BARGAINING AGREEMENT 1997
NO. AG 324 OF 1997
1. TITLE
This Agreement shall be known as the Shire of Busselton Certified Enterprise Bargaining Agreement 1997.
2. ARRANGEMENT
1 Title
2 Arrangement
3 Incidence and Parties bound
4 Date and Period of Operation
5 Objectives and Principles
6 Productivity Improvement - Broad Agenda Items
7 Customer Service
8 Equal Employment Opportunity
9 Award Broadbanding
10 Pay Cycle and Pay Slip Advice
11 Duty Statements/Industry Remuneration
12 Relationship to Existing Award
13 Consultative Approach to Decisions
14 Commitment
15 No Extra Claims
16 Duress
17 Specific Clauses to improve Flexibility and Productivity
17.1 Hours
17.2 Overtime
17.3 Travelling Hours
17.4 Annualised Hours/Wages
17.5 Higher Duties
17.6 Travelling Expenses
17.7 Best Practices
17.8 Performance Indicators
17.9 Dispute Settlement
17.10 Employment Security
17.11 Redundancy
17.12 Fixed Term Contracts
17.13 Leave Without Pay
17.14 Retirement
17.15 Merit Pay Incentive Scheme
17.16 Recruitment and Selection
17.17 Temporary Employees’
17.18 Casual Employees’
17.19 Sick Leave
17.20 Job Share
17.21 Staff Training
17.22 Apprentices, Cadets, Trainees, Training Assistance
17.23 Working From Home
17.24 Competitive Tendering
17.25 Salary Sacrifice
17.26 Salary Packaging
17.27 Special Leave Days
17.28 Child Care Facilities
17.29 Family Support Leave
17.30 Bereavement Leave
17.31 Record
18 Enterprise Bargaining Payment Rate
19 Renewal of Agreement
Appendix 1
Shire of Busselton Metal Trade Employees’ Wages Structure
3. INCIDENCE AND PARTIES BOUND
This Agreement shall apply to the Shire of Busselton (Council) and all persons employed who are members of or eligible to be members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (Western Australian Branch “the union”) and covered by the terms and conditions of the Metal Trade (General) Award, 1966.
This Agreement applies to approximately five employees.
4. DATE AND PERIOD OF OPERATION
This Agreement shall commence from the first full pay period, commencing on or after the certification of the Agreement with the Western Australia Industrial Relations Commission and shall remain in force for a period of thirty six months.
All parties agree to an ongoing commitment to work on improvements and other measures towards a second Enterprise Bargaining Agreement to take effect on the expiration of this Agreement.
5. OBJECTIVES AND PRINCIPLES
The parties are committed to identifying common objectives which will lead to improved employer-employee relations and improved productivity, flexibility, efficiency, quality of employment and delivery of quality service.
A. The parties are committed to the following principles in pursuing the above:
1. To promote the development of trust and motivation with the Shire of Busselton (Council) and to continue to foster good employee relations.
2. Honesty, mutual respect and a professional attitude to prevail at all times.
3. A free exchange of relevant information and ideas to prevail at all times subject to agreed commercial confidentiality, ie, without the release of any information that could be commercially damaging to any of the parties involved which would give competitors an insight into financial and intellectual property.
4. Best endeavours to be applied to employees and potential employees with specific equity needs in common. Such common areas may include, but not be limited to, aboriginality, ethnicity, gender, differentially abled person and family responsibilities.
5. The opportunity for proper and effective consultation, through appropriate on-site consultative mechanisms, prior to the implementation of any change, which has a significant effect on employees.
6. To enhance the quality and security of employment for the Shire of Busselton employees through the ongoing implementation of agreed structural efficiency processes together with the philosophies and initiatives detailed in this Agreement.
7. To develop an appreciation of the needs of all Shire of Busselton stakeholders; i.e. customers, management, employees, ratepayers/electors and Council.
8. Participate in improving activities based on a ‘team approach’ to problem solving.
B. The parties recognise that this Agreement continues the process of structural efficiency and productivity improvement. Fundamental to the continuation of this change process, the parties agree to undertake to:
1. Strive to meet the needs of customers, management, employees, Council and its ratepayers/electors.
2. Broaden the training and career progression opportunities for all employees and develop accredited competency based training plans to complement job redesign within the industry.
3. Develop more meaningful, fulfilling, interesting and better paid jobs for employees.
4. Recognise where changes to work, service provision and programmes occur, the opening up of career paths, retraining and redeployment will be the primary strategies used to ensure employment security. Career counselling will be available as part of the transition process.
6. PRODUCTIVITY IMPROVEMENT - BROAD AGENDA ITEMS
In accordance with the National Wage Principles, the parties acknowledge that a broad agenda must be considered in the implementation of the productivity improvements within the Shire of Busselton.
A. The broad agenda items include:
1. Development of common conditions of employment for all Council Employees in the long term.
2. Establishment of more flexible working arrangements to allow the Shire of Busselton to efficiently meet the needs of its ratepayers/electors and workforce.
3. Introduction of new technology designed to improve the efficiency and continuity of operations and the quality of product and customer service.
4. Assessing the need for flexible work arrangements to improve efficiency or assist employees with family responsibilities.
5. Addressing issues relating to career planning, job redesign and retraining.
6. To provide for facilitative provisions to enable this agreement and the Awards to be implemented and applied in a flexible manner, without disadvantage to employees.
B. Human Resources Officer
Council will commit, within its budget constraints, to the earliest possible appointment of a Human Resources Officer, with a target of appointment to be made within the 1999/2000 financial year at the latest.
7. CUSTOMER SERVICE
The parties agree that as a Local Government we are a supplier of a service and have customers, the residents, as well as businesses and organisations which are involved in the servicing and delivering of goods to us on a daily basis. We provide service to both internal and external customers. A workplace sub-committee will be formed to examine customer service issues.
The sub-committee will among other issues:
1. Identify who our internal and external customers are by using whatever processes necessary and at our disposal, such as consumer surveys, direct marketing, public enquiries and interdepartmental surveys;
2. Identify whether or not we are meeting their current needs (as known to us).
3. Establish such processes that will measure and monitor trends in customer needs and satisfaction.
4. Draft an appropriate mechanism for identified issues to be addressed by all parties.
5. Recommend preliminary responses to outcomes which may include:-
i. Flatter structures of service delivery
ii. Well defined customer needs
iii. Do we (as an organisation) understand those needs?
iv. How to obtain reliable feed-back at this stage
v. How to act on it
8. EQUAL EMPLOYMENT OPPORTUNITY
The Council recognises the right of all employees to equal employment opportunity.
The employer will facilitate the provision of equal employment opportunities to all employees and will establish an Equal Opportunity programme to achieve the objects of this clause, such programme to be determined by Council and the E.B.C. Committee.
The Council will ensure that the employment practices and policy of the Council do not discriminate against or disadvantage existing and prospective employees on the grounds of sex, race, religion, disability, age, sexual preference, pregnancy, marital status, family responsibility in areas of recruitment, selection, promotion, training and all conditions of employment.
9. AWARD BROADBANDING
All parties agree to adopt the Metal Trade (General) Award (part 1) classification levels, the Shire of Busselton Metal Trade wages currently in operation at the time of certification.
All parties to this agreement will also be committed to continuing the establishment of a single award for all employees of the Shire of Busselton to be further progressed with the introduction of the second Enterprise Bargaining Agreement.
10 PAY CYCLE AND PAY SLIP ADVICE
All parties agree to adopt a new standard fortnightly pay cycle to commence on a Wednesday through to the following Tuesday. This shall be introduced in a way so as to minimise any financial hardship to employees affected by the change.
All parties agree to work towards a new fortnightly pay slip advice with details of leave accruals and time in lieu to be shown.
11. DUTY STATEMENTS / INDUSTRY REMUNERATION
The Council agrees that during the term of this agreement it will facilitate the introduction of Duty Statements for all permanent employees.
The Council further agrees that it will monitor the remuneration of the employees comparative to industry norms and having regard to the Duty Statement applicable to each position.
12. RELATIONSHIP TO EXISTING AWARD
This Agreement shall be read and interpreted wholly in conjunction with the Metal Trade (General) Award, 1966, as it stands at the certification of this Agreement. Should there by any inconsistency between this Agreement and the Metal Trade (General) Award, 1966, the Agreement shall prevail to the extent of any such inconsistency.
During the life of this Agreement, should any provisions of the Metal Trade (General) Award, 1966, be deemed to be non allowable matters under the Workplace Relations Act 1996, they will automatically be incorporated in their entirety into this Agreement.
This Agreement will supersede all other pre-existing non-Award arrangements.
13. CONSULTATIVE APPROACH TO DECISIONS
A consultative process to enable decision making through consultation and by consensus has been established via functions adopted by the Council for the Shire of Busselton Enterprise Bargaining Consultative Committee, in order to identify and implement specific initiatives aimed at improving productivity. The parties have a commitment to increase the efficiency, career opportunities and job security of employees at the Shire of Busselton.
13.1 INTRODUCTION
1. Specific initiatives relating to the improvement of productivity and efficiency within the Shire of Busselton will be determined in accordance with the following consultative procedure:
A Peak Consultative Committee and, where appropriate, Committees established by the Peak Consultative Committee such as Special Purpose Committees shall give consideration to specific initiatives to improve productivity, efficiency and Enterprise Bargaining agreed objectives.
2. Consultative processes shall:
i) Provide a framework within which the parties can consult and co-operate in implementing workplace reform.
ii) Establish effective consultative mechanisms and associated principles through which changes within this process may be implemented.
13.2 CONSULTATIVE COMMITTEES
1. Two Levels of Consultative Mechanism.
The consultative mechanism shall have two levels:
i) A Peak Consultative Standing Committee
ii) Special Purpose Committees
2. Peak Consultative Committee.
i) Composition
This Committee shall consist of 1 nominee from Council, Chief Executive Officer, 1 nominee from Management, 2 nominees from Salaried Employees, and 2 nominees from Wages Employees, plus deputies.
ii) Employee Nominees
Nominations will be called from workforce representatives within 1 month of the commencement of this agreement, and will be for the term of the agreement. If there are more nominations than the number required, the Chief Executive Officer will arrange a postal ballot as appropriate.
In the case of a vacancy occurring during the agreement, nominations will be called and the replacement will be for the balance of the term of the staff representative.
iii) Speakers/Observers.
The Committee may allow the attendance of speakers and observers at meetings.
iv) Secretariat.
A Secretary shall be allocated to the Peak Consultative Committee by management to record minutes of meetings, provide typing and photocopying services, arrange meeting times and venues and promulgate minutes and notices of meetings.
The Secretary shall not be a member of the Peak Consultative Committee, however, in the case of no female representation and the Secretary being a female the Peak Consultative Committee may invite the Secretary to be an Ex-Officio (non voting) member to represent female employee issues.
v) Agendas.
Agenda items may be submitted by any of the members of the Peak Consultative Committee. As least one week before each meeting an agenda of issues to be discussed shall be distributed to all members.
vi) Minutes.
Peak Consultative Committee minutes shall be published and circulated to all Peak Consultative Committee members within three working days after each meeting.
The Committee shall develop an appropriate mechanism for circulation of minutes amongst both Councillors, Management and Employees.
Copies to be provided for staff in the staff rooms, lunch rooms and placed on notice boards and distributed to all personnel in out stations.
vii) Function.
The function of the Peak Consultative Committee as adopted by Council is:
¨ To advise Council on the implementation of the Shire of Busselton’s Enterprise Bargaining Agreement No. 1 (certified - 1997).
¨ To assist the Chief Executive Officer to implement those components of the Enterprise Bargaining Agreement No. 1 (certified - 1997) not requiring Council’s decision/direction.
¨ To review and report on outcomes of implementation of Enterprise Bargaining Agreement.
¨ To advise and guide Council in the drawing up subsequent Enterprise Bargaining Agreements.
In addition other functions of the Peak Consultative Committee are:
¨ Develop and co-ordinate proposals for improving the efficiency, effectiveness, career prospects, productivity, training opportunities, influence on decision making and quality of working life of the employees at the Shire of Busselton.
¨ Ensure that wide consultation with employees and management within Council occurs so that employee knowledge, experience, and aspirations are reflected in the proposal development and implementation.
¨ Establish Special Purpose Consultative committees where appropriate, formed with proportionate representation of the Peak Consultative Committee.
¨ Ensure that all employees have been consulted before any workplace reform changes are implemented.
viii. Committee Training.
All representatives on the Consultative Committees will be provided with the agreed necessary training to equip them to fulfil their responsibilities. It shall be the responsibility of the Council and the Union to identify and agree to such training. Attendance at training shall be treated as paid leave.