1
transfield construction pty ltd wa division
workshops (kwinana) Enterprise Bargaining
Agreement
NO AG 11 OF 1993
1.-TITLE
This Agreement will be referred to as Transfield Construction Pty Ltd WA Division Workshops (Kwinana) Enterprise Bargaining Agreement Number AG 11 of 1993.
1A.-STATEWAGECASEPRINCIPLES
In accordance with the terms of the January 1992 State Wage Case decision there shall be no further wage increases for the life of this Agreement.
(1)It is a condition of this Agreement that there shall be no further wage increases for its life except when consistent with a State Wage Case decision.
(2)The parties to the Agreement shall be bound by the terms of the Agreement for its duration.
(3)The parties to the Agreement shall oppose any application by other parties to be joined to this Enterprise Agreement.
(4)The terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enterprise.
(5)No provisions in this Agreement shall operate to cause any employee a reduction in ordinary time earnings, or to cause a departure from the standards of the Western Australia Industrial Relations Commission in regard to hours of work, annual leave with pay or long service leave with pay.
2.-ARRANGEMENT
1.Title
1A.State Wage Case Principles
2.Arrangement
3.Application of the Agreement
4.Parties Bound
5.Date and Period of Operation
6.Relationship to Parent Award
7.Purpose of Agreement
8.Single Bargaining Unit
9.Consultative Committee Role
10.Safety Committee Role
11.Measures to Achieve Gains in Productivity, Efficiency and Flexibility
12.Rates of Pay
13.Enterprise Bargaining Principles
14.Renewal of Agreement
15.Reclassification
16.No Extra Claims
Appendix - Resolution of Disputes Requirement
Signatories
3.-APPLICATIONOFTHEAGREEMENT
This Agreement shall apply at the establishment of Transfield Construction Pty Ltd WA Division (Kwinana) and Hope Valley Road Workshops, Leath Road and Hope Valley Road, Western Australia, in respect of all employees
engaged in any occupations, industries or callings specified in the Metal Trades (General) Award 1966 No. 13 of 1965 - Part 1 and the Metal Trades (Transfield Pty Ltd Western Australia Division) Order No. 1941 of 1990.
4.-PARTIESBOUND
The Parties to this Agreement are:
(1)Employer: Transfield Construction Pty Ltd WA Division Workshops Western Australia.
(2)All employees engaged in any occupations as specified in the Metal Trades (Transfield Pty Ltd Western Australia Division) Order No. 1941 of 1990.
(3)The organisation of employees being the Metal and Engineering Workers' Union (WA Branch).
5.-DATEANDPERIODOFOPERATION
This Agreement shall operate from the beginning of the first pay period to commence on or after the 2nd day of April, 1993 and shall remain in force until the 1st day of November, 1993.
6.-RELATIONSHIPTOPARENTAWARD
(1)This Agreement is to be read and interpreted in conjunction with the Metal Trades (Transfield Pty Ltd Western Australia Division) Order No. 1941 of 1990, The Metal Trades (General) Award 1966 No. 13 of 1965 - Part 1 in respect of those employees covered by the abovenamed award and order provided that where there is any inconsistency this Agreement shall prevail to the extent of the inconsistency.
(2)This Agreement is to be ratified by the Western Australian Industrial Relations Commission. During ratification of this Agreement the Metal Trades (Transfield Pty Ltd Western Australia Division) Order No. 1941 of 1990 shall also be varied or renewed to reflect the wage rates in effect in this Agreement. The Metal Trades (Transfield Pty Ltd Western Australia Division) Order No. 1941 of 1990 shall continue in place in the same terms as previously existed in the Metal Trades (Transfield Pty Ltd Western Australia Division) Order No. 1941 of 1990 in respect of all other conditions excepting wage rates and Clause 9. - Adjustment of Rates.
7.-PURPOSEOFAGREEMENT
The purpose of this Agreement is to achieve improvements in respect of productivity, flexibility and efficiency of the company operations at the workshops there by making the company more competitive in terms of local industry, national and international competitiveness. The parties agree that the operation of the Consultative Committee and Workshop Health and Safety Committee is to be improved to assist communication in respect of Work Practices, Quality of Work, Safety Performance, Industrial Relations and Training.
Consultative Committee and Safety Committee objectives are included in the body of this Agreement and are to be used to assist in achieving these goals.
All areas of operation have been discussed during these negotiations. These areas are broken up into categories, those being:
-Work Practices
-Quality of Work
-Safety Performance
-Industrial Relations
-Training
All parties recognise that improvement must be made in the above broad areas to successfully achieve real and demonstrable gains in productivity, flexibility and efficiency in the workshops operations.
8.-SINGLEBARGAININGUNIT
The Enterprise Agreement is in accordance with the decision in the January 1992 State Wage Case and has been negotiated with the majority union on site within a single bargaining unit. The single bargaining unit takes the form of a Consultative Committee which is properly constituted and with aims and objectives consistent with the Enterprise Agreement.
9.-CONSULTATIVECOMMITTEEROLE
A joint Consultative Committee has been established to facilitate this Enterprise Agreement. The role of the Committee is:
(1)Assist communication to all company employees to improve employee relations, encourage employee participation by employees putting forward productivity ideas/areas where work patterns, organisation can be improved.
(2)Assist with developing a training programme that can meet the skills needs of the company, promote multi-skilling and give opportunity for employees to develop new skills and upgrade existing skills as required within the company operation.
(3)Recommend individual employees for training and monitor ongoing effectiveness of training.
(4)Assist and promote all areas of the Enterprise Agreement.
10.-SAFETYCOMMITTEEROLE
The role of the Safety Committee is to be further refined and encouraged to assist the company in achieving higher standards of safety. The current role of the Safety Committee is to be expanded as follows:
(1) Facilitate consultation and co-operation between employer and employees.
(2)To keep informed on health and safety standards (in workplaces of a comparable nature) and to make recommendations on rules and procedures relating to Health and Safety in accordance with the Occupational Health Safety and Welfare Act 1984 and Regulations 1988.
(3)To discuss and recommend to the company and employees safety programmes.
(4)To keep information at hand regarding hazards at the workplace.
(5)To consider changes which may effect employee health and safety.
(6)To assist the company and employees by actively encouraging via the health and safety representatives full and complete use of all personal protective equipment provided at all times without any individual or group exception.
(7)To assist the company and employees via the health and safety representatives by conducting regular inspections of the workplace. Thereby reporting and rectifying any safety hazards, poor work practices or other concerns.
(8)To assist the company and employees in developing an "ownership of safety" by all individuals and to reduce Lost Time Frequency rates during the life of this Agreement.
(9)To assist the company and employees to resolve "bonafide" safety issues that may arise in accordance with the Occupational Health Safety & Welfare Act 1984 and Regulations 1988.
11.-MEASURESTOACHIEVEGAINSINPRODUCTIVITY,
EFFICIENCYANDFLEXIBILITY
A.WORK PRACTICES - FLEXIBILITY OF LABOUR HIRE
(1)Whilst it is the company's normal practice to employ labour directly the company requires, due to the peaks and troughs nature of the work, that its workshops are allowed flexibility in the employment of labour.
(2)It is agreed that Labour Hire contractors may be employed as required to meet the cyclic nature of the work being performed or when particular skills are in short supply and time constraints or delivery schedules do not allow for practical and economical training of existing employees.
(3)If a concern is raised by the workforce during the employment of labour via Labour Hire contractors it will be processed via the Consultative Committee as per Clause 9. - Consultative Committee Role herein.
(4)Labour hire will be an agenda item at Consultative Committee Meetings. The company will provide relevant information as required.
Note: Status quo re union membership to remain.
B.WORK PRACTICES-ELECTRONIC FUNDS TRANSFER OF WAGES
(1)Electronic Funds Transfer of Wages is to commence from the first pay period immediately following the signing of the Agreement herein (or as soon as available thereafter) for all wages employees.
(2)Employees may nominate a maximum of two bank accounts for wages to be deposited into.
(3)Money will available for withdrawal from 8.00am the day following lodgement of wages.
C.WORK PRACTICES - OVERTIME
(1)No person(s) will engage in one-in-all overtime practices/bans and overtime will be made available as required by the company to an individual or group regardlessofthe"standard" hours being worked in the shop at that time.
(2)Overtime rosters will not operate but a record of overtime will be kept and used to ensure that where possible based on skills and productivity requirements all persons will receive an equitable share of overtime.
(3)Notwithstanding the above a review of the standard working week currently in place at this enterprise may occur. The purpose of this review is to achieve a more flexible standard working week (workload commitments allowing) and greater productivity for the enterprise whilst allowing increased leisure time for the workforce. The consultative committee as per Clause 9. - Consultative Committee Role herein will act as the consultative mechanism if this process occurs.
D.WORK PRACTICES - REPETITIVE TASKS, MACHINE OPERATION AND OXYCUTTING
Provided that the requirements of the Metal Trades (General) Award 1966 No. 13 of 1965 - Part 1 - Clause 35. - Training, Company and quality requirements are met it is agreed that all persons will perform duties which are peripheral or auxillary to their main tasks including those of a routine or general nature; thereby enabling employees to be utilised to the maximum extent.
E.QUALITY OF WORK
The goal is to achieve correct and accurate work the first time. To enable this to be achieved the following measures in concert with accreditation to AS 3902 will be put in place.
(1)On receipt of job/order a meeting will be held with the Consultative Committee to explain in general terms the 'job' requirements, the overall schedule; explain particular quality requirements related specifically to the job and to obtain ideas from the Consultative Committee and workforce on any ways to better perform the job/task.
(2)Strict adherence to welding parameters by all welders is required with welders being made responsible to check that welds are cleaned, free of undercut, spatter and comply with the Welding Procedure Specification.
(3)After flame cutting all dross to be removed and ground before passing onto the assembly process. Drilling, all burrs to be removed by the driller, Boilermaking - all temporary attachments and tacks are to be removed and/or cleaned. Boilermakers to check accuracy of their work prior to "checker" checking. Each individual is to dress his own work/part of the job/task.
F.SAFETY PERFORMANCE
Supplementary to the Occupational Health Safety and Welfare Act 1984.
(1)It is agreed that greater emphasis is to be placed on safety by all personnel. Utilisation of the Safety Committee is to be improved as set out in point 10 herein. A greater self regulation by the workforce is required to achieve better safety performance.
(2)The goal is to establish ownership of the safety programme by all persons and establish a self regulatory approach to safety where person(s) do not have to be requested or reminded to take care, use protective equipment provided etc.
(3)The overall aim is to reduce Lost Time Injury Frequency rates quarter by quarter within the twelve months from the date of this Agreement. Reduction of Lost Time Injury, Overall Injury and Accident/Incident experience will be presented to and discussed with the Safety Committee. Measures will be agreed where necessary to improve performance. Full co-operation will be required from all personnel in respect to safe work practices including safety equipment and PPE (Personal Protective Equipment).
G.INDUSTRIAL RELATIONS
The workshop(s) employees reaffirm their commitment to use the Disputes resolution procedures as described herein at all times and thus avoid interruption to the performance of work and the consequential loss of production and wages.
DISPUTES PROCEDURE
(1)Discussions between the employee/s concerned (and Shop Steward if requested) and the immediate supervisors.
(2)Discussions involving the employee/s concerned, the Shop Steward and the employer representative.
(3)Discussions involving representatives from the state branch of the union(s) concerned and the employer representatives.
(4)Discussion involving senior union officials (State Secretary) and the Senior Management representative(s).
(5)There shall be an opportunity for any party to raise the issue to a higher stage.
(6)Either party will give the earliest possible advise to the other party of any issue or problem which may give rise to a grievance or dispute. All relevant facts shall be clearly identified and recorded throughout. At least seven days shall be allowed for all stages of the discussions to be finalised.
(7)No bans or limitations will be placed on the performance of work while the disputes procedure is being followed. At least seven days shall be allowed for all stages of the discussions to be finalised.
(8)The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practices at the workshops.
(9)Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Western Australian Industrial Relations Commission for assistance in resolving the dispute.
Note 1:Nothing in this disputes procedure precludes procedures laid down under the Occupational Health Safety and Welfare and Regulations 1988 in respect to a bonafide safety concern or issue.
Note 2:In the event that an employee is individually terminated for reasons other than retrenchment or redundancy the union reserves its rights in respect of a claim for "unfair dismissal". In this instance the parties agree that a time frame for discussions that is less than seven days may be appropriate.
H.TRAINING PROGRAMME
It is agreed that the company will continue to train personnel for tasks/jobs/procedures as and when required. Training schedules/targets will be discussed with the Consultative Committee prior to finalisation to ensure input from the workforce.
Training requests and/or recommendations may be made to or by the Consultative Committee for consideration by the company.
Topics which may be covered during the next financial year include:
-Scaffolding in Workshops
-Rigging in Workshops
-Welding Skills
-Manual Handling
-Profile/CNC Operation
Topics may be added or deleted as necessary to meet production/safety requirements. Any topics not covered will be put forward to the following financial year.
I.MEASUREMENT OF IMPROVEMENTS IN PRODUCTIVITY, FLEXIBILITY AND EFFICIENCY
As per the points listed herein:
-Work Practices 11A - 11D
-Quality of Work 11E
-Safety Performance 11F
-Industrial Relations 11G
It is agreed that measurement is required to quantify whether actual improvements are occurring.
(1)Work Practices - the Consultative Committee will meet as specified in Clause 9. - Consultative Committee Role of this Agreement and at regular intervals as necessary to discuss this Enterprise Agreement. There will be discussion of all areas of the Enterprise Agreement and any difficulties arising from any area (including work practices) will be quantified, a solution agreed and actions put into place to remedy or correct the problem(s).
(2)Quality of Work - work quality is to be addressed as per point 11E and as further needs arise. Defects will be measured and quantified as a percentage of total manhours. The initial three month period will be used to establish a costcode rework tracking system and to establish a rework percentage base figure. From this base line target improvement figures will be agreed and set by the Consultative Committee.
Should defect rates exceed set targets, the Consultative Committee shall agree an action plan to enable the enterprise to achieve quality targets. If set targets are not met during the life of the Enterprise Agreement during regular meetings and as part of 'Renewal of Agreement Discussions' further actions will be formulated to ensure quality standards are met.
(3)Safety Performance - is to be addressed as per point 11F. The Enterprise Agreement requires an improvement in LTI figures during the first twelve months of the Enterprise Agreement.
Safety performance is measured and will be reported to the Consultative Committee.
Current LTI figures will be discussed and a LTI target set during the first three months of the Enterprise Agreement. During regular meetings and as part of 'Renewal of Agreement Discussions' actions as necessary will be formulated to ensure safety standards are met.
(4)Industrial Relations - as per point 11G, Industrial Relations disputes procedures are reaffirmed. Industrial Relations performance shall be measured as hours lost from industrial disputes.
Lost time will be quantified as:
-> 1.5% of manhours lost
-0.1% to 1.5% of manhours lost
-0% of manhours lost
Lost time targets are set as 0.1% to 1.5%. Should the target be exceeded the next Consultative Committee meeting will discuss the reasons why this has occurred and an action plan formulated to prevent a similar situation recurring. Additionally the Consultative Committee will meet immediately it becomes apparent a dispute may occur to attempt to prevent any lost time due to disputation. Avoidance of Industrial Dispute is required of all parties. The MEWU reserves its rights in respect of State or National MEWU approved stoppages/action.
12.-RATESOFPAY
(1)In accordance with this Enterprise Agreement reference No. AG 11 of 1993 operating successfully and a continued commitment from all parties a wage increase of 4.5% shall be payable from the beginning of the first full pay period to commence on or after the 2nd day of April, 1993 as ratified by the Western Australian Industrial Relations Commission.
(2)Reviews of the operation of this Enterprise Agreement shall occur (conducted by the Consultative Committee) one month prior to the expiry of nine months of operation of this Agreement. The Consultative Committee shall meet, review and if necessary produce an action plan to ensure the continued success of the Enterprise Agreement.