1

UNITED CONSTRUCTION COOGEE CHEMICALS
SULPHURIC ACID HANDLING FACILITY , KWINANA
ENTERPRISE BASED AGREEMENT 1996

United Construction BHP Titanium Minerals Project

Enterprise Based Agreement 1996

no. ag 84 of 1996

1.0TITLE

This Agreement shall be known as the United Construction BHP Titanium Minerals Project Enterprise Based Agreement 1996.

2.0ARRANGEMENT

Title / Clause No.
Arrangement / 2
Bus Travel Allowance / 8
Daily Travel Allowance / 9
Date and Period of Operation and Review / 4
Grievance Procedure / 13
Hours of Work / 7
Incidence and Parties Bound / 3
No Extra Claims - Commitments / 12
Relationship to Parent Award / 5
Safety Boots / 11
Site Allowance / 6
Title / 1
Wages and Classifications / 14
Weekend Return Home / 10

3.0INCIDENCE AND PARTIES BOUND

This Agreement shall apply to and be binding upon United Construction Pty Ltd in its operations at the BHP Titanium Minerals Project at Beenup and an estimated 100 employees of United Construction Pty Ltd engaged on the project at Beenup who are members or eligible for membership of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Western Australia Branch (AFMEPKIU and the Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia, Western Australia Branch (CMETU).

The parties to this agreement are United Construction Pty Ltd (the Employer) and the AFMEPKIU and the CMETU (the Unions).

4.0DATE AND PERIOD OF OPERATION AND REVIEW

(1)This Agreement shall commence from the date of registration by the Western Australian Industrial relations Commission for a period of six (6) months.

5.0RELATIONSHIP TO PARENT AWARD

(1)The provisions of the Agreement shall be read and interpreted in conjunction with Part II of the Metal Trades (General) Award No. 13 of 1965 and the Engine Drivers (Building and Steel Construction) Award No. 20 of 1973.

(2)Where there is any inconsistency between this Agreement and Part II of the Metal Trades (General) Award No. 13 of 1965 or the Engine Drivers (Building and Steel Construction) Award No. 20 of 1973, this Agreement shall prevail to the extent of any inconsistency.

6.0SITE ALLOWANCE

A site allowance of $2.00 (flat) shall be paid in recognition of all disabilities associated with the working conditions at the Beenup site, including but not limited to heat, working in the rain, dirt, wind, height and handling of all materials. This allowance is payable to for each hour worked.

7.0HOURS OF WORK

The hours of work as set out below represents ordinary time hours and overtime hours with the understanding that overtime hours whilst not guaranteed will not be reduced without prior discussion between the parties.

DAY / TOTAL HOURS PAID / NORMAL
TIME / TIME AND A HALF / DOUBLE TIME
Monday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Tuesday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Wednesday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Thursday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Friday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Saturday / 10 / 2.0 hrs / 8.0 hrs
Sunday / 8 / 8.0hrs
Monday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Tuesday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Wednesday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Thursday / 10 / 7.6 hrs / 2.0 hrs / 0.4 hrs
Friday / 6 / 6.0hrs
Saturday / 0
Sunday / 0

The Normal working day will comprise

Commencement On Site 7:00am

Rest Period Commences10:00am

Rest Period Concludes10:10am

Lunch Commences 1:00pm

Lunch Concludes 1:30pm

In addition to the above the parties to the agreement have agreed to the following:

1)Work commences on site 15mins prior to the rostered start time (ie 6:45am instead of 7:00am). This allows employees to accrue 2 hours and 45 mins at ordinary rates per week (ie 11 x 15 mins). This accrued time is taken at the following times

a)Work ceases on the Friday directly preceding the weekend return 45 mins earlier than the rostered finishing time of 1:00pm. This allows the employees to leave work at 12:15pm.

b)Work commences on the Monday directly following the weekend return two hours later than the normal rostered start time of 6:45am . This allows the employees to return to work at 8:45am.

c)In lieu of an afternoon rest period the parties have agreed to finish their shift fifteen minutes early without loss of wages.

8.0BUS TRAVEL ALLOWANCE

Transport is provided by United Construction for all it's employees from the Augusta Camp to the site. In lieu of travelling time all employees are entitled to a " Bus Travel Allowance " of $10:00 per day.

9.0TRAVEL ALLOWANCE

All employees not accommodated by United Construction in the camp are entitled to $11:30 per day to compensate for travelling to the bus departure point ie Augusta Camp.

10.0WEEKEND RETURN HOME

There is provision for a weekend return break approximately every second weekend, from Friday 1:00pm to Monday 7:00am.

For all distant workers that return home, a "Return Home" allowance of $90.00 per weekend return will be paid for this purpose, subject to the employee returning to work at the scheduled time on the preceding Monday.

11.0SAFETY BOOTS

New employees to United Construction shall receive a pair of Safety boots upon their commencement on the project. All permanent employees whilst engaged on the project shall receive an allowance of $0.06 per hour worked on site for maintenance of their safety footwear. All permanent employees will have their safety boots replaced on a "Fair Wear and Tear Basis".

12.0NO EXTRA CLAIMS - COMMITMENTS

(1)The parties undertake a commitment that there shall be no further claims for the term of this Agreement.

(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 applications 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.

13.0GRIEVANCE PROCEDURE

(1)Where a question, dispute or difficulty arises, the employee concerned shall initially discuss the matter with their immediate Supervisor.

(2)If the question dispute or difficulty is still unresolved by the discussion referred to in subclause (1) hereof, the employee together with their Shop Steward and their Supervisor shall discus and attempt to resolve the matter with the Project Manager.

(3)Where the foregoing discussions fail to resolve the matter of concern, it shall to a Senior Management representative and the relevant union organiser, at which stage the parties shall then initiate steps to resolve the grievance as soon as possible.

(4)While the steps in subclause (1), (2) and (3) Hereof are being followed, industrial action shall not be taken and the circumstances surrounding that dispute shall remain at status quo as was prior the dispute arising.

(5)If the question, dispute or difficulty remains unresolved, either party may refer the matter to the Western Australian Industrial Commission, provided that any party reserves the right to refer an issue to the Commission at any time.

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.

(6)The parties will ensure that all practices applied during the operation of the procedure are in accordance with safe working principles and consistent with established project custom and practices.

(7)At all stages of this process, emphasis shall be on a negotiated at the project level.

14.0 WAGES AND CLASSIFICATIONS

All wages employees shall be paid as defined in the following wages and classifications

schedule:

WAGES AND CLASSIFICATIONS SCHEDULE

CLASSIFICATION / EXISTING HOURLY RATE
$ / NEW HOURLY RATE
$
Welder - Coded / $14.16 / $14.54
Boilermaker/Fitter/Tradesman / $14.17 / $14.55
Certificated Rigger or Scaffolder / $13.09 / $13.45
Rigger or Scaffolder / $12.73 / $13.07
Certificated Dogman / $12.73 / $13.07
Tradesperson's Assistant / $12.01 / $12.34
Crane Driver 0 - 8 T / $13.18 / $13.51
Crane Driver 8 - 15 T / $13.48 / $13.82
Crane Driver 15 - 40 T / $13.73 / $14.07
Crane Driver 40 - 80 T / $13.93 / $14.28
Crane Driver 80- 100T / $14.09 / $14.44

Note : the above All Purpose Hourly Rates include tool allowance where applicable.

AUTHORITY TO APPROVE AGREEMENT

SIGNATURES OF THE PARTIES

Signed for and on behalf of United Construction Pty Ltd:

SignedSteven Keyser31/1/96

Signature / Name of person authorised to sign on behalf of United Construction Pty Ltd (print) / Date

Signed for and on behalf of United Construction Beenup Workforce in the presence of:

Signed
Signed / Simon Poole
Chris Klynsoon / 2.2.96
2.2.96
Signature / Name of person authorised to sign on behalf of United Construction Pty Ltd Beenup Workforce (print) / Date
Signed / John Sharp-Collett(seal affixed) / 15.2.96
Signature / Name of person authorised to sign on behalf of Automotive, Foods, Metals,Engineering, Printing and Kindred Industries Union (Western Australia Branch) / Date

THE COMMON SEAL of the )

Automotive, Foods, Metals, )

Engineering, Printing and)

Kindred Industries Union )

(Western Australia Branch))

was hereunto affixed in the)

presence of:)

SignedBill Ethell21.2.96

Signature / Name of person authorised to sign on behalf of Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia (Western Australia Branch) / Date

THE COMMON SEAL of the )

Construction, Mining, Energy, )

Timberyards, Sawmills and )Seal Affixed

Woodworkers Union of Australia)

(Western Australia Branch) was)

hereunto affixed in the presence)

of :

VARIATIONRECORD

united construction bhp titanium minerals project

enterprise based agreement 1996

No. AG 84 of 1996

Delivered 20/05/96at 76 WAIG 1924

Consolidated

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1. Title

2. Arrangement

3. Incidence and Parties Bound

4. Date and Period of Operation and Review

5. Relationship to Parent Award

6. Site Allowance

7. Hours of Work

8. Bus Travel Allowance

Travel Allowance

10. Weekend Return Home

11. Safety Boots

12. No Extra Claims - Commitments

13. Grievence Procedure

(5) ins. text2053/9722/11/9777 WAIG 3079

14. Wages and Classifications

Authority to Approve Agreement Signatures of the Parties