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SHIRE OF COLLIE
ENTERPRISE BARGAINING AGREEMENT 1997
(METAL TRADES GENERAL EMPLOYEES)
NO. AG 248 OF 1997
SHIRE OF COLLIE
ENTERPRISE BARGAINING AGREEMENT
(METAL TRADES GENERAL EMPLOYEES)
1997
- TITLE
THIS AGREEMENT SHALL BE KNOWN AS THE SHIRE OF COLLIE ENTERPRISE BARGAINING AGREEMENT (METAL TRADES GENERAL EMPLOYEES) 1997
- ARRANGEMENT
- PARTIES BOUND
- APPLICATION
- DEFINITION
- DURESS
- DATE AND PERIOD OF OPERATION
- RELATIONSHIP TO EXISTING AWARDS
- RETENTION OF AWARD PROVISIONS
- EMPLOYEES COVERED BY THIS AGREEMENT
- EQUAL EMPLOYMENT OPPORTUNITIES
- OBJECTIVES OF THIS AGREEMENT
- JOB SECURITY
- FAMILY LEAVE
- STUDY LEAVE
- CHRISTMAS AND EASTER PUBLIC HOLIDAYS
- HOURS/ROSTERED DAYS OFF
- OCCUPATIONAL HEALTH AND SAFETY
- SALARY SACRIFICE - SUPERANNUATION
- SPECIFIC MEASURES TO ACHIEVE OBJECTIVES
- LOCAL WORK AREA AGREEMENTS
- ADOPTION OF LOCAL WORK AREA AGREEMENTS
- IMPLEMENTATION/CONSULTATION
- SETTLEMENT OF DISPUTES
- NO EXTRA CLAIMS
- ENTERPRISE BARGAINING PAYMENT/SALARIES
- COMMITMENT
- RENEWAL OF AGREEMENT
APPENDIX A
APPENDIX B
3.PARTIES BOUND
The Parties to this Agreement are:
3.1The Shire of Collie (“Shire”)
3.2Employees of the Shire of Collie not covered by the Enterprise Bargaining “L.G.O and M.E.U” Award employees agreements.
3.3The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch
4. APPLICATION
(This agreement will apply to two (2) employees)
4.1This Agreement will apply to the employees members of or persons who are eligible to be members of The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch whilst employed by the Shire of Collie in relation to the operational requirements of the Shire of Council and is pursuant to and is made pursuant to section 41 of the Western Australian Industrial Relations Act 1979.(the “Act”)
4.2Not withstanding sub clause 4.1 this agreement does not apply to those senior officers employed on Performance based contracts.
This includes the following positionsShire Engineer
Deputy Chief Executive Officer
Town Planner
Principal Accounting Officer
5.DEFINITIONS
5.1Satisfactory Implementation
The determination of “Satisfactory Implementation” will be demonstrable achievement of the issues set out in this Agreement as determined by the members of the “Implementation Committee” and Shire.
5.2 Majority
It is agreed that for the purpose of this agreement any reference to the term Majority will be interpreted as defined under section 170LE “Valid Majority” of the Workplace Relations Act 1996.
5.3Implementation Committee
The Committee Enterprise Bargaining Committee is to be known as the Implementation Committee following the adoption of this agreement and will oversee the implementation and monitoring of this Agreement for the first 12 months from its date of commencement.
A new implementation committee will be elected by the staff and Management at the conclusion of this period for a further 12 months and the same process will take place for the life of this agreement.
5.4Local Work Area Agreement
Local work area agreements will be developed under Enterprise Agreement No.1 in accordance with Clause 22 to reflect the different needs of different operations within the Shire
6.DURESS
6.1This Agreement has been entered into without any duress by any party.
7.DATE AND PERIOD OF OPERATION
(Nominal Expiry Date)
7.1This Agreement shall operate from July 1 1997.
7.2This agreement shall remain in place for a period of 24 months until the 30 June 1999. In the event this agreement is not re-negotiated or replaced this agreement or otherwise terminated in accordance with the Act, will remain in place.
8. RELATIONSHIP TO EXISTING AWARD
8.1This Agreement shall be read and interpreted wholly in conjunction with the, Metal Trades General Award 1965 (“the Award”). Provided that where there is any inconsistency, the terms of this Agreement shall prevail to the extent of any such inconsistency.
9.RETENTION OF AWARD PROVISIONS IN ENTIRITY
9.1During the term of this agreement the Shire is committed to the broad and basic conditions of employment as provided in the Award. Should an Award review result in a reduction of a basic condition the Shire will agree to review this Agreement to maintain basic employment conditions.
9.2The Award shall be read in conjunction with this agreement in its entirety as it stood at the date of Certification until the Agreement’s nominal expiry date. Thereafter only matters pertaining to allowable matters shall be maintained and form part of this agreement.
10.EMPLOYEES COVERED
10.1Whilst this Agreement covers all permanent employees of the Shire of Collie, the parties also agree that any new employee engaged following the registration of this Agreement will also be covered by the entirety of this Agreement.
10.2This Agreement also recognises that the Shire of Collie will adopt the culture of Work Teams through the development of Local Work Area Agreements.
10.3The following Local Work Areas are able to be subject to amendments as detailed in Clause 21 and 22.
1. Administration and Community Services
2. Civil Works and Service
11.EQUAL EMPLOYMENT OPPORTUNITIES
11.1In the pursuit of the best practice in Equal Employment Opportunity the following is agreed:
- compliance with the Equal Opportunity legislation.
- equity in access to training and career paths.
- continuing review of Human Resource documentation policies and procedures to meet these objectives.
12.OBJECTIVES OF THIS AGREEMENT
The parties to this Agreement are committed to;
12.1Ensuring that the Shire of Collie adopts a Best Practice approach to the Management and operations of all facets of its organisation. This will be achieved through the development of a “productivity culture” which ensures that the pursuit of continuous improvement and the acceptance of change becomes the normal way of life throughout the Shire of Collie’s operations.
12.2Identifying common objectives which will lead to improved employer-employee relations and improved productivity, flexibility, efficiency, quality of employment and delivery of quality service.
12.3A commitment to developing a high performance, high trust organisation through a genuine partnership between management, staff, unions, Shire members and the community.
12.4A commitment to continuous improvement by all within the Shire of Collie.
12.5The continued development of a learning organisation based upon teamwork, flexibility, competency in skills and opportunities for development.
12.6An organisation focused on the customer, driven by the achievement of results.
12.7The provision of employment security to Shire of Collie staff through improved quality of service, enhanced productivity and the development of new services.
THE REWARD FOR ACHIEVING THE OBJECTIVES WILL BE:-
13.0Job Security
13.1Although some roles and tasks and functions of employees may change, employment security will be a commitment of all parties.
13.2No forced retrenchments will occur as a result of change arising out of measures introduced in this agreement.
13.3Where changes to work, service provisions and programmes occur, the opening of career paths, retraining and redeployment will be the primary strategies used to ensure employment security.
13.4Where an unavoidable loss of Shire provided service occurs due to unforseen or external factors, these staff positions will be managed initially through the use of natural attrition.
13.5Should a position become vacant, a joint staff / management review will occur to assess alternatives available to both Shire and employees.
13.6Any voluntary redundancies pursued will be through a process agreed between the parties.
14.0FAMILY LEAVE
14.1 The 41A Family Leave of the Local Government(WA) Officers Award will apply to all employees of the Shire of Collie bound by this agreement.
Copy attached at Appendices “B”
15.0STUDY LEAVE
15.1Amount of Leave:
Upon receipt of an appropriate application a respondent Shire shall grant an officer absence from duty without loss of pay for the purpose of attending a course of study approved by it and appropriate to the needs for the Shire granting the leave.
Such leave is subject to the following conditions:
(i)Paid leave shall not exceed five hours per week (including any travelling time which may be incurred).
(ii)An equivalent period of time to that for which paid study leave is approved attending actual lectures must also be incurred in the officer's own time.
(iii)Time off shall not be granted until the officer has completed the equivalent of the first full-time academic year for first courses of study. Officers completing post-graduate courses may be required to have completed the equivalent of the first full-time semester prior to being eligible for leave under this clause.
(iv)Study leave shall not adversely affect the normal operations of the Shire.
15.2Application for Leave:
The granting of leave in accordance with subclause (a) hereof is to be on an annual or semester basis and a fresh application must be made at the conclusion of each such period.
Shire is entitled to consider the officer's academic record to date and his/her application to duties in arriving at a decision as to whether or not study leave will be approved.
15.3Tuition Fees:
Where an officer undertakes a course of study, relevant to his/her employment and approved by the local authority, any tuition fees incurred shall be reimbursed by the employer in accordance with Shire Policyupon the subsequent completion of a substantial section of the course within a reasonable period.
15.4Examination Leave:
Where officers have to attend examinations, held during their normal hours of duty, in relation to the course of study mentioned in subclause (a) hereof, they shall be granted an appropriate amount of time-off with pay for such attendance.
16.0CHRISTMAS AND EASTER PUBLIC HOLIDAYS
16.1Employees covered under this Agreement will ensure that all Shire services are open for business on Easter Tuesday and the day following New Year's Day. When New Years Day falls on a Saturday or a Sunday the day following New Years Day shall be observed on the following Tuesday.
Adequate staff as determined by the Local Work Area Agreements will be present on those days to provide the full range of Shire Customer Services.
16.2Employees covered by this Agreement required to work on Easter Tuesday or the day following New Year's Day' will be entitled in accordance with clause 22(i) of the Award to a day in lieu for each day worked to be taken in conjunction with 'Annual Leave or at a mutually convenient time.
17.0HOURS/ROSTERED DAYS OFF
17.1 Rostered Days Off arise through the working of 76.0 ordinary hours in a two (2) week cycle consisting of any nine (8) days of 8.5 ordinary hours and one (1) day at 8.0 ordinary hours with the designated tenth (10) day as the rostered day off in addition to the four (4) non working days. When considered necessary to roster ordinary hours on the weekend this will be agreed and implemented under Clause 22 Local Work Area Agreements. When work is agreed to be performed on the weekend additional rates for ordinary hours of work will be paid in accordance with Clause 19 of the Award.
The Supervisor shall request expressions of interest from staff when the Shire works program is such that any Rostered Day off may not be able to be taken on the due date.
Staff may accept these opportunities when available with the choice of being able to accumulate up to 5 Rostered Days off (Time for Time) which may be taken off at a mutually agreed time between the employee and the Relevant Supervisor.
The effect of accumulation is that the average 76.0 ordinary hours per fortnight is achieved over an extended period beyond the normal fortnightly cycle.
17.2Alternatively staff may be paid at ordinary hours rates of pay for each 8.50 hours worked on a due Rostered Day off Any hours worked on the due Rostered Day Off in excess of the agreed 8.50 hours will be paid at the overtime rates as per the appropriate Award.
17.3Employees agree to clear the maximum number of permitted accumulated Rostered Days Off (5) within 12 months of the date of the first accumulated Rostered Day Off
Clearance may be either in the form of actually taking the due days off at a time mutually agreeable to both the Supervisor and the employee, or the employee may choose to be paid the equivalent time due at ordinary hours rates of pay as agreed within this clause. The employee will be required to clearly mark the fortnightly pay sheet that they wish to receive payment for a Rostered Day off that has been worked rather than taken within that fortnightly cycle. If the pay sheet reflects that a Rostered Day off has been worked but does not indicate the employees preferred option as outlined in this clause, then it will automatically be accumulated as per the agreed conditions within this clause.
18.0OCCUPATIONAL HEALTH AND SAFETY
18.1The parties to this Agreement are committed to ensuring Best Practice in Occupational Health and Safety through:
- taking all practicable steps to provide and maintain a working environment that is safe and without risks to health;
- compliance with the Occupational health and Safety Act 1985, and relevant Regulations and Codes of Practice;
- a system of consultation which involves employees and Health and Safety Representatives in workplace and job design, and selection of plant, wquipment and substances with the aim of ensuring that health and safety issues are resolved effectively as they arise;
- integration of the principles of occupational health and safety into training programs to maximise employee contribution to the identification, assessment and control of hazards;
- a commitment to effective rehabilitation of injured workers.
19.0SALARY SACRIFICE - SUPERANNUATION
The superannuation provisions contained herein operate subject to the requirements of the hereinafter prescribed provision titled - Compliance, Nomination and Transition.
19.1 By mutual agreement employees may make provisions for a minimum 5% salary sacrifice of their annual wage/salary for contribution towards superannuation.
(The salary sacrifice so made will nevertheless be considered part of the employees’ wages and the Shire will not be subject to prosecution for underpayment of wage sacrificed pursuant to this clause.)
Compliance, Nomination and Transition
Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from 30 June 1998 -
(a)Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this clause unless -
(i)the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and
(ii)under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;
(b)The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;
(c)The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;
(d)A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;
(e)The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;
(f)The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee;
Provided that on and from 30 June 1998, and until an employee thereafter nominates a complying superannuation fund or scheme -
(g)if one or more complying superannuation funds or schemes to which contributions may be made be specified herein, the employer is required to make contributions to that fund or scheme, or one of those funds or schemes nominated by the employer;
or
(h)if no complying superannuation fund or scheme to which contributions may be made be specified herein, the employer is required to make contributions to a complying fund or scheme nominated by the employer.
20SPECIFIC MEASURES TO ACHIEVE OBJECTIVES
20.1It is agreed between the parties that specific measures to achieve productivity will be implemented on a Shire of Collie basis.
20.2Enterprise Bargaining payments will be in recognition on any structural efficiency and workplace reform which will occur as a result of this Agreement being certified.
20.3Enterprise Bargaining payments of this Agreement shall be on the basis of the
recognition and implementation of the agreed “Core Issues” detailed under 21 “Local Work Area Agreements”.
21.LOCAL WORK AREA AGREEMENTS
21.1FLEXIBLE WORK HOURS
Each Work Area will examine a broad agenda including work practices and all areas of employment conditions (award or over award) which may be considered relevant to the improved and continuous efficiency and effectiveness of the workplace including but not limited to examination of the following:
- roster cycles and rostered days off;
- spread of hours and hours of work;
- after hours call out;
- job start/finish locations;
- meal and rest breaks;
- work design and work methods;
- annualised salaries and penalty rates;
- leave arrangements, including sick, annual, long service leave;
- absenteeism;
- occupational health and safety.
21.2COMMITMENT TO “WORK TEAM” APPROACH
Management in consultation with its staff will implement a Local Work Area working party to assist in the introduction of a work team approach within the workforce and to establish a working trial of this approach during the life of the Agreement.
“Work Teams” means a group of workers, with a variety of skills responsible for the general work to be done within an area.
“Working Party” means a cross section of staff (from various areas within a Local Work Area working together to complete tasks or projects).
“Working Party Committee” shall consist of several employees from the relevant Work Area, a supervisor and a management representative.
This approach allows for the establishment of ownership of “work areas”. It will be achieved through a cross section of various workers from the Local Work Areas working together in “teams”.
Specific skilled teams will still be required to carry out work that cannot be scheduled within an area. i.e construction tasks.
21.3KEY PERFORMANCE INDICATORS
The parties are committed to the establishment of Key Performance Indicators for the organisation in consultation with management which will:
Monitor the commencement of a process towards achieving Best Practice within 6 months of signing the agreement;
at the work group level, by the groups themselves.