14
2001 WAIRC 02321
UNITED MAINTENANCE PTY LTD HBI AGREEMENT
No. AG 22 of 2001
1. Arrangement
1. Arrangement
2. General Employment Policy and Scope
3. Date of Operation
4. Relationship to other Awards
5. Parties Bound
6. Contract of Employment
7. Avoidance of Disputes
8. Drug and Alcohol Issues
9. No Discrimination
10. Sexual Harassment
11. Hours of Work
12. Overtime
13. Shift Work
14 Public Holidays / Sundays
15. Annual Leave
16. Sick Leave / Compassionate Leave
17. Wages and Allowances
18. Travelling and Accommodation
19. Rest and Recreation Leave (R&R)
20. Superannuation
21. Consultative and Consultation
22. No Extra Claims
23. Signatures
2. GENERAL EMPLOYMENT POLICY AND SCOPE
It is the policy of United Maintenance to ensure that employees are treated in a fair and consistent manner. The relationship between the Employer and its employees should be one of mutual respect and governed by concerns of fairness, co-operation and the provisions or relevant legislation. This Agreement shall apply to the employment of persons employed by United Maintenance Pty Ltd in the classifications referred to in clause 12 of this Agreement and engaged in or in connection with the preparatory work, alteration, repair, maintenance, servicing, rehabilitation, refurbishment, modification, upgrades or commissioning of BHP Direct Reduced Iron Pty Ltd Port Hedland assets and facilities. Upon registration the agreement will apply to approximately 20 employees and up to approximately 100 employees during shutdowns.
3. DATE OF OPERATION
This Agreement shall operate from the date of Registration and shall remain in force until 30 June 2003.
4. RELATIONSHIP TO OTHER AWARDS
This Agreement shall be read and interpreted wholly in conjunction with the Metal Trades (General) Award No. 13 of 1965. Provided that where there is any inconsistency between this Agreement and the Award this Agreement shall prevail to the extent of any such inconsistency.
5. PARTIES BOUND
The Parties to the Agreement are;
(a) United Maintenance Pty Ltd
(b) The Automotive, Food, Metals, Engineering and Kindred Industries Union
(A.M.W.U.)
6. CONTRACT OF EMPLOYMENT
Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.
It is a term and condition of employment and of the obligation and rights occurring under this agreement that an employee shall:
· Perform such work, (including shiftwork) and at any location as the employer shall, from time to time, reasonably require, provided such employees have been trained to the level of skill and competence required to perform such duties and have been evaluated to have the appropriate skills and competence. Where training is required to enable the employee to undertake any varied duties, the employee shall undertake such training within the classification structure of this Agreement; and
· Recognise the requirement of the employer to have an appropriate mix of classifications and skills during any hours of work; and
· Properly use all appropriate protective clothing and equipment provided for specified circumstances; and
· Use any technology and perform any duties which are within the limits of the employee's skill, competence and training, and can safely and legally be performed; and
· Adhere to notified start and finish times for all work periods; and
· Accept changed work practices and methods and agreements on such matters that are designed to improve performance, provided agreed consultative processes are followed; and
· Comply with Client Occupational Health & Safety, Environmental and Drug and Alcohol Policies including testing programs; and
· Comply with the Avoidance of Disputes - Grievance Procedure provided for in this Agreement.
Employment, for other than a casual, will be on the basis of an initial one (1) month trial period during which time either party may notify its intention to withdraw from the contract of employment. A casual employee employed continuously for a period of 6 weeks or beyond the duration of a shutdown shall thereafter be engaged on a weekly basis.
6.1 Casual Employees
All casuals receive a 20% loading in lieu of paid sick leave, paid annual leave and paid public holidays and other paid absences. This rate also applies to all work performed on overtime, public holidays and shiftwork. Casual employees shall be registered for Long Service Leave and Superannuation as prescribed under this Agreement.
Where a casual employee is employed for a duration of a week or more the notice period
shall be eight hours. This notice shall be given in ordinary hours.
6.2 Termination of Employment
The following notice of termination for weekly hired employees must be given by either party or the corresponding amount of ordinary wages paid (or forfeited) as the case may be:
Period of continuous service Period of notice
1 year or less 1 week
1 year and up to the completion of 3 years 2 weeks
3 years and up to the completion of 5 years 3 weeks
5 years and over 4 weeks
In addition to the notice prescribed above employees aged over 45 years with at least 2 years service at the time of notice shall be entitled to an additional weeks notice.
a) Statement of Service
On termination an employee will be provided with a statement by the employer which details
duration of employment on the job and classification or type of work performed by the employee.
b) Time Off During Notice Period
A locally engaged employee who has been given notice shall be allowed up to a day's time off with pay to look for another job - at mutually convenient times.
7. AVOIDANCE OF DISPUTES - GRIEVANCE PROCEDURE
It is a condition of employment and a fundamental requirement of this Agreement that this clause be observed in its entirety by all parties to this Agreement.
On all occasions, any issue, grievance or dispute over any matter between the parties to this Agreement shall be settled in accordance with this procedure. This shall apply whether the matter in dispute relates directly to employment on location or not, or whether it relates to a matter dealt with by this Agreement, or not.
The parties recognise the importance of eliminating interruptions to work and resolving issues by direct negotiation. Both the employer and employees will give the earliest possible notice of any issue or problem, which has the potential to create disputation in the workplace.
7.1 Where a grievance or a dispute arises, the matter will be initially discussed and resolved between the employee and the employee’s immediate supervisor.
7.2 If the issue remains unresolved after discussions outlined above, the employee (and if the employee so desires, the appropriate union delegate) and the site manager shall discuss and resolve the problem.
7.3 If the matter is still unresolved, then it shall be referred to a senior management representative and the appropriate full time union official. These parties must initiate steps to resolve the matter quickly and amicably.
7.4 If a dispute arises either party may call upon the Western Australian Industrial Relations Commission to provide the services of the Deputy Registrar – Karratha to assist the parties in the resolution of the dispute.
7.5 If the dispute still remains unresolved, either party may refer the dispute to the Western Australian Industrial Relations Commission.
7.6 Unless the Parties agree otherwise each step in this process should be completed within 48 hours and all parties will make every endeavour to be available to resolve the grievance or dispute.
7.7 While all the above steps are being undertaken, normal work will continue. In the case of a dispute over the performance of work the status quo will continue to apply on the basis of the work practices applying immediately prior to the grievance or dispute arising. No party shall be prejudiced simply by the fact that work continued while the process is being followed.
7.8 Any industrial action will not affect the obligation of United Maintenance to ensure continuity of BHP HBI-DRI operations. In the event of a stoppage, for any reason, employees will carry out such duties as are necessary to provide such continuous operations so that each train can remain in production
8. DRUG AND ALCOHOL ISSUES
The parties recognise that the safety of all employees may be affected by the hazards that alcohol and drug dependency may create on the job.
9. NO DISCRIMINATION
There shall be no discrimination on the basis of race, colour, religion, sex, national origin, marital status, age or political background.
10. SEXUAL HARASSMENT
It is the intention of the parties that all employees be allowed to work in a workplace free of sexual harassment. The company and the union in consultation will rigidly enforce a policy of no sexual harassment in the workplace.
11. HOURS OF WORK
11.1 Ordinary Hours
The ordinary hours of work shall be an average of 38 hours per week, to be worked on one of the following bases:
- 38 hours within a work cycle not exceeding seven consecutive days; or
- 76 hours within a work cycle not exceeding fourteen consecutive days, or
- 114 hours within a work cycle not exceeding twenty one consecutive days, or
- 152 hours within a work cycle not exceeding twenty-eight consecutive days.
The ordinary hours of work prescribed may be worked on any days or all of the days of the week, Monday to Friday inclusive and, except in the case of shift employees shall be worked continuously, except for meal breaks, between 6.00am and 6.00pm provided that the spread of hours may be altered by mutual agreement between the employer and the majority of the employees in the work section or sections concerned..
12. OVERTIME
12.1 Payment for Working Overtime
Overtime shall be calculated for hours worked in excess of ordinary hours on the following basis -
· Time and a half for the first 2 hours (provided that each shift shall stand alone).
· Double time for all additional overtime
· Double time for all overtime performed on Sundays
· Double time and a half for work performed on the public holidays
The hourly rate, when computing overtime, shall be determined by dividing the appropriate
base weekly rate by 38 ordinary hours.
12.2 Rest Period after Overtime
Where overtime work is necessary, employees, where possible, shall be given ten consecutive hours off duty between successive shifts, provided that:
If the employee has not had ten consecutive hours off duty between the end of overtime work and the time that the employee is due to begin their next shift, the employee shall not be required to attend work until ten consecutive hours off duty have been completed, but shall not lose any pay for scheduled working time occurring during this period.
If, on management's instructions, the employee resumes work prior to the completion of ten hours off duty, the employee shall be paid at overtime rates until released from duty and shall then be entitled to ten hours off duty.
12.3 Call Back
When an employee is recalled to work after leaving the job, they shall be paid for at least 4 hours at overtime rates. Overtime worked as a result of a Call back shall not be regarded as overtime for the purpose of subclause 8.2, when the actual time worked is less than the minimum paid hours.
12.4 Saturday Work
An employee required to work overtime on a Saturday shall be afforded at least four hours work or paid for four hours at the appropriate rate except where such overtime is continuous with overtime commenced on the day previous.
12.6 Meal Allowance
An employee required to work overtime for one and a half hours or more without being notified on the previous day or earlier that they will be so required to work shall either be supplied with a meal by the employer or paid for the first meal and each subsequent meal after a further four hours of overtime. Where applicable the meal allowance shall be $ 10.00
13. SHIFTWORK
13.1 The employer may roster employees to work shift work, and shall be given 24 hours notice of the commencement of a shift or to change from one shift to another. Where such notice is not given the employer shall pay single time extra for all time worked until the expiration of the notice period. Employees working on Afternoon or Night Shift shall be paid, for such shift, fifteen (15%) percent more than the employee's ordinary rate prescribed by this agreement. Employees working shift will be entitled to a paid meal break of twenty minutes without loss of pay.
13.2 Where any work is carried out on shifts, other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked then employees employed on such afternoon or night shifts shall be paid at overtime rates.
Provided that where the ordinary hours of work normally worked are worked on less than five days then the provisions above shall be as if that number of consecutive shifts were substituted for five consecutive shifts.
The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purposes of allowing a 38 hour week, or on any holiday.