VISCOUNT PLASTICS (WA) PTY LIMITED ENTERPRISE BARGAINING AGREEMENT 2003
AGREEMENT NO. 21 of 2004
1. – TITLE
This Agreement shall be known as the “Viscount Plastics (WA) Pty Limited Enterprise Bargaining Agreement 2003”.
2. – ARRANGEMENT
1.Title
2.Arrangement
3.Purpose of Agreement
4.Commitments
5.Application
6.Parties Bound
7.Date and Period of Operation
8.Relationship to Parent Award
9.Wages
10.RDO Guidelines
11.No Extra Claims
12.Disputes Procedures
13.Long Service Leave
14.Shift Loading (Canning Vale Employees on Rotating Shifts Only)
15.Special Leave (Synonymous with Family Leave)
16.Safety Initiatives
17.Redundancy
18.Fitness for Work
19.Viscount Plastics (WA) Pty Ltd - Policies
20.Union Training
21.Acceptance
Appendix 1 – Fitness for Work Policy
Appendix 2 - Productivity Targets
Appendix 3 - OS & H Objectives
3. - PURPOSE OF AGREEMENT
The purpose of the agreement is to build upon the gains made in the Viscount Plastics (WA) Pty Limited Enterprise Agreement 1999 and 2001, and to continue to develop the working practices and relationships that have generated benefits for employees and the company since the 1986 productivity negotiations and will continue to do so in the future.
4. - COMMITMENTS
(1) The employees and Management agree to co-operate to ensure that the productivity improvements will be achieved as stated in the company’s business plans.
(2) Continuous productivity improvement through the elimination of waste will be the normal way we work.
All employees will be encouraged to suggest additional individual improvements wherever possible for implementation on an ongoing basis.
(3) Consultative committee will keep employees up to date with how productivity improvements are progressing. All employees will be advised through the consultative committee of the workplace changes in achieving productivity and occupational health and safety improvements.
(4) Each employee will take responsibility for the whole production process and not just the individual’s traditional job or department provided it is within his/her level of skill and competence. This will be achieved by broad based training to allow employees to reach full potential.
(5) A shared commitment to increase skills and training, including broad skills to adapt to change, solve problems, reduce hierarchy and promote teamwork and flexibility, within the whole process.
(6) The company is committed to continued investment in new technology, research and development, and training.
(7) The continued maintenance of ISO 9002 through compliance with the Company’s Quality System which includes an understanding and acceptance of the Quality Policy and Objectives and use of the Quality Procedures as part of every employees daily duties and responsibilities.
(8) It is the responsibility of each employee to strive to improve the health and safety performance of the site.
(9) Each employee has a duty of care with regard to their own well being and for the well being of others around them.
(10) Each employee will embrace the company Occupational Safety and Health policy and make every endeavour to achieve the objectives of the policy.
(11) The parties to the Agreement shall oppose any application by other parties to be joined to this Enterprise Agreement.
5. – APPLICATION
(1)This Agreement shall apply to all employees of Viscount Plastics (WA) Pty Limited.
(2)Upon registration, the terms of this Agreement shall be binding upon an estimated number of 52 employees.
6. - PARTIES BOUND
This Agreement shall be binding on:
(1) The employees of Viscount Plastics (WA) Pty Ltd and
(2)Viscount Plastics (WA) Pty Limited.
(3)Australian Liquor Hospitality and Miscellaneous Workers Union
7. - DATE AND PERIOD OF OPERATION
(1) This Agreement shall operate from 1 January 2003 and shall remain in force for a period of two (2) years.
(2) The parties will begin negotiations for a replacement Agreement in September 2004 with a view to the new Agreement commencing on 1 January 2005.
(3) The parties will assess achievements in productivity and efficiency and Occupational Safety and Health performance during the term of this Agreement.
8. - RELATIONSHIP TO PARENT AWARD
(1) This Agreement shall operate in conjunction with the Plastics Manufacturing Award 1977, provided that where there is any inconsistency between this Agreement and the Award, the provisions of this Agreement shall prevail to the extent of the inconsistency.
(2) All relevant information (subject to confidential information being withheld) to enable effective monitoring of the implementation of the Agreement shall be provided to the Consultative Committee.
9. – WAGES
(1) The minimum adult weekly rate of pay payable to employees covered by this Agreement shall be as follows:
Column 1Current Wage
$ / Column 2
Column 1 + 3% From 1 January 2003
$ / Column 3
Column 2 + 3.5% from 1 January 2004
$
Production Trainee (Grade 1) / 456.00 / 469.68 / 486.12
Production Assistant (Grade 2) / 473.43 / 487.63 / 504.70[RS1]
Machine Attendant (Grade 3) / 479.39 / 493.77 / 511.05
Machine Operator/Setter (Grade 4) / 510.94 / 526.27 / 544.69
Leading Hand Setter (Grade 5) / 540.21 / 556.42 / 575.89
Production Systems Controller (Grade 6) / 573.15 / 590.34 / 611.01
10. - RDO GUIDELINES
All RDO’s must be taken during the twelve month period from January 31st to January 31st. This will include 3 long weekends (subject to production commitments) during the April – July period, plus 5 days to be taken during the mid year shut down. All outstanding RDO’s must be taken before January 31st.
11. NO EXTRA CLAIMS
(1) There shall be no further claims for wage increases for the term of this Agreement.
(2) In the event of a state wage case variation through the life of the agreement, the company will award that portion of the increase, which is over and above increases provided for in this agreement.
12. - DISPUTES RESOLUTION
(1)In order to facilitate the early resolution of issues, which may arise in connection with questions, disputes or difficulties arising under this Agreement, the parties to this Agreement must be committed to achieving the objectives of this area and adhering strictly to the procedure.
(2)Objectives:
To minimise industrial confrontation and eliminate work stoppages.
(3)Procedure:
In relation to any matter that may be in dispute between the parties to this agreement (‘the matter’), the parties:
(a) Will attempt to resolve the matter at the workplace level, including, but not limited to:
(i) the employee (employees) and his/her/their supervisor meeting and conferring on the matter; and
(ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and
(b) Acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and
(c) Agree to allow either party to refer the matter to mediation if the matter cannot be resolved at the workplace level; and
(d) Agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith; and
(e) Acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the mediation process; and
(f) Agree that during the time when the parties attempt to resolve the matter:
(i) the parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and
(ii) subject to relevant provisions of any state or territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and
(iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible;
(4)It may be necessary to seek further guidance from the Western Australian Industrial Relations Commission as the final step in resolving the dispute.
13. - LONG SERVICE LEAVE
Employees covered by this agreement shall be entitled to long service leave in accordance with the provisions of the Private Sector Long Service Leave General Order as amended from time to time issued by the Western Australian Industrial Relations Commission subject to the following:
(1)Employees shall be entitled to thirteen (13) weeks long service leave after ten (10) years continuous service; and
(2)Employees shall be entitled to pro rata payment for long service leave on termination after five (5) years.
14. - SHIFT LOADING (CANNING VALE EMPLOYEES ON ROTATING SHIFTS ONLY)
It agreed that in order to provide a consistent amount of pay each week, shift loading for shift workers will be paid at the rate of 10% irrespective of what shift is worked.
15. - SPECIAL LEAVE (SYNONYMOUS WITH FAMILY LEAVE)
Use of sick leave:
(1) An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement per year which has accrued.
(2) The employee shall, if required, establish by production of a Doctor’ s letter or statutory declaration, the illness of the person concerned.
(3)The entitlement to use sick leave in accordance with this subclause is subject to:
(a)The employee being responsible for the care of the person concerned; and
(b)The person concerned being either a member of the employee’s immediate family or household
(c)The term “immediate family” includes a spouse/partner, child, parent, grandparent, grandchild or sibling of the employee.
16. SAFETY INITIATIVES
The employees agree:
(1) To participate in a program of simple “loosening up” exercises in an attempt to eliminate injuries; and
(2)To introduce a behavioural observation technique that will contribute to the improvement of work safety.
17. – REDUNDANCY
(1)Redundancy Payment
Employees who are nominated by the company to be redundant will receive the following redundancy payment.
Years ofUp FrontRedundancyTotal45 Years+
Service
0 years4 weeks0 weeks4 weeks4 weeks
1 year4 weeks4 weeks8 weeks10 weeks
2 years4 weeks7 weeks11 weeks12.75 weeks
3 years4 weeks10 weeks14 weeks16.5 weeks
4 years4 weeks12 weeks16 weeks18 weeks
5 years4 weeks15 weeks19 weeks22.5 weeks
6 years4 weeks18 weeks22 weeks25 weeks
7 years4 weeks21 weeks25 weeks28 weeks
8 years4 weeks24 weeks28 weeks31 weeks
8 years +4 weeks25 weeks29 weeks33 weeks
(2)Service Calculation
Redundancy payments apply on a pro-rata basis for partially completed years of service. The calculation will be carried out on completed quarter years of service. For example, an employee with 2 years and 7 months of service will have their redundancy payment calculated on the basis of 2.5 years of service.
They receive payment as follows:
Up front payment4.0 weeks
2 years of service7.0 weeks
Pro-rata payment for 6 months service1.5 weeks
Total12.5 weeks
For those permanent employees who have had previous continuous service as a casual, their service will be taken from the date of joining the company as a casual.
(3)Long Service Leave
All permanent employees will receive pro-rata long service leave after 5 years.
(4)Annual Leave Loading
All permanent employees will receive payment for annual leave loading both accrued and pro-rata.
(5)Sick Leave
All permanent employees will receive payment for unused sick leave to a maximum of 50 days.
(6)Statement of Service
All employees will be provided with a statement of service indicating redundancy.
(7)Outplacement Assistance
For those individuals who are made redundant, the company will provide appropriate outplacement assistance.
18. - FITNESS FOR WORK
As part of this agreement the Viscount Plastics (WA) Pty Ltd policy on Fitness for work is included in this agreement. The employees of Viscount Plastics (WA) Pty Ltd agree by endorsing this agreement to abide by the provisions contained within the Fitness for Work Policy.
19. - VISCOUNT PLASTICS (WA) PTY LTD - POLICIES
As part of this agreement the employees undertake to familiarise themselves with the policies of Viscount Plastics Pty Ltd. These can be accessed through the Quality Assurance Administration Manager.
20. - UNION TRAINING
The parties recognise that the provision of union training for employee representatives may be appropriate to further the objectives of this Agreement. An elected workplace representative with more than six months continuous service, with approval of the Union, may apply (giving one month's notice) in writing to the Employer for up to five days paid leave each calendar year, not cumulative, to attend courses conducted or approved by the Union. The employer will support such courses in order to promote improved industrial relations and industrial efficiency within the employer.
21. - ACCEPTANCE
In signing below the parties to this Agreement expressly accept that they are bound by the term of this Agreement throughout its duration.
(Signed)
______
Australian Liquor, Hospitality & Date
Miscellaneous Workers Union,
Western Australian Branch
(Signed)
______
Viscount Plastics (WA) Pty Ltd Date
Appendix 1 – Fitness for Work Policy
1.Purpose
Viscount Plastics is committed to ensuring the safety and health of all individuals associated with its operations. The purpose of this policy is to help ensure individuals are 'fit for work' whilst on its sites.
Viscount Plastics recognises that an individual's fitness for work may be affected by a variety of factors including the adverse effects of fatigue, stress, alcohol or other drugs. These factors can lead to impairment in an individual's fitness for work and can be a contributing factor in industrial incidents.
2Policy
Definition of 'fitness for work'
'Fit for work' means that a person is in a state (physically, mentally and emotionally) which enables him or her to perform assigned tasks competently and in a manner which does not compromise or threaten his or her own safety or health or that of others.
The supervisor or immediate manager, in consultation with an elected Union workplace representative, will have the final say as to whether a person is fit for work, having regard, where appropriate, to formal assessment procedures.
Duty of care obligations
Viscount Plastics and all individuals on its sites have 'duty of care' obligations in relevant legislation and at common law.
Viscount Plastics are obliged to provide safe work places, safe systems of work and to eliminate hazards in the workplace. Part of this duty of care includes taking reasonable precaution to ensure all individuals on Viscount Plastic’s sites are in a fit state to work.
All employees have a duty not to expose themselves or others to unnecessary health or safety risks. An important part of this duty is to ensure that they are in a fit state to work at the start of and throughout the work period. They also have a duty to report safety issues to their employer.
3.Employee Assistance
Services
Employee assistance is primarily through the provision of an external counselling service, which is voluntary and confidential. Counsellors can provide advice and assistance in dealing with fitness for work issues.
The cost of counselling provided for Viscount Plastic’s employees under this policy is generally met by Viscount Plastics up to the service limits established.
Access
Viscount Plastics will meet the cost of counselling should an employee elect to see a counsellor arranged by the company
Managers and supervisors can also access advice and assistance in dealing with individuals' problems or other fitness for work issues by contacting a counsellor.
The use of external counselling services does not replace the manager's or supervisor's primary role in dealing with work related issues.
4.Information, education and training programmes
Standard information sessions
All employees will have access to the VISCOUNT PLASTICS Fitness for Work Policy and will attend an information session on the Policy.
These sessions are designed to familiarise employees with the Policy and its requirements, and to address any questions and concerns that may arise.
Workforce education programme
The introduction of the policy will be supported by education programmes to raise employee awareness of significant fitness for work issues (especially fatigue, stress and the inappropriate use of alcohol and other drugs) and ways of reducing their impact. Part of this education programme may include individual health assessments for employees.
Supervisor training
Managers, supervisors and other appropriate staff such as safety representatives will receive appropriate paid training in the recognition, management and referral for assistance of any concerns relating to Fitness for Work.
5.Induction of employees and contractors
As part of the employment process, new employees will be made aware of the Company's Fitness for Work policy at the induction session.
The fitness for work policy will be communicated to contractors as part of the induction program, service agreements and contracts.
New employees will also be provided with written information about the availability of professional assistance through an approved Company counselling provider.
6.Assessment of fitness for work
Viscount Plastics will assess the fitness for work of all individuals prior to and during employment.
Methods that may be used to assess fitness for work include:
- Face-to-face discussion between immediate managers and individuals at the start of and/or during the work period;
- Medical assessment;
- Alcohol and drug testing;
- Other recognised assessments as appropriate; and
- Employee self-testing for alcohol and other drugs.
Fitness for work assessments may be carried out at the following times:
- Prior to employment as part of pre-employment medical;
- Randomly in the workplace on individuals following an injury where drugs or alcohol are believed or proven to be involved.(Refer Implementation section ‘with cause testing’ 10.3iii))
- As a requirement following specified workplace concerns.
Employees will be informed of their right to have an elected Union workplace representative present during any fitness for work assessment procedure.
7.Breaches of policy
For the purpose of this policy the following will be regarded as a breach of policy and evidence that an individual is potentially unfit for work and the normal disciplinary procedure will apply.
- Any use of alcohol or other drugs which results in the potential impairment of an individual's fitness of work;
- Any positive alcohol or other drug test;
- Any refusal or falsification of any alcohol or other drug test;
- Sale or supply of alcohol or other drugs on site or during working hours;
- Consumption or possession of alcohol and/or illegal drugs at work.
8.Privacy and confidentiality