WesTrac Pty Ltd Enterprise Agreement
WES TRAC (SERVICE OPERATIONS) ENTERPRISE AGREEMENT 2005
AG 121 of 2005
(Electronic Document Contained Additions/Amendments That Were Not Fully File Tracked i.e. Not Fully Accepted Prior To Publications Processing).
1.Title
This agreement shall be known as the WesTrac (Service Operations) Enterprise Agreement 2005 (“agreement”).
2.Arrangement
1Title......
2Arrangement......
3Term......
4Area & Scope......
5Parties to the Agreement......
6Preamble and Commitment......
7Occupational Health & Safety......
8Policies and Procedures......
9Contract of Employment......
10Locations......
11Hours......
12Flexibility......
13Shift Work......
14Rates of Pay......
15Field Service Allowance......
16Location Allowance......
17Annual Leave......
18Sick Leave
19Long Service Leave
20Exceptional Hours Leave
21Superannuation
22Issue Resolution Process
23Counseling and Discipline Procedure......
24Disability Income Protection2
Appendix A - Rates of Pay3
Appendix B - Signitories5
3.Term
(1)This agreement shall operate from the beginning of the first pay period commencing on or after the date this agreement is registered and shall operate for a period of 36 months from the 1st January 2005.
(2)The parties agree that the terms and conditions contained within this agreement shall continue until such time that either the agreement is cancelled or another agreement is entered into.
(3)The parties will endeavour to commence negotiations three months prior to the expiry of this agreement.
4.Area & Scope
(1)This agreement shall apply to those classifications of employees, as contained within the Merit System, who are engaged within the company’s Service Departments within either the Perth metropolitan area or the Regional locations.
(2)This agreement shall operate in conjunction with Part I – General of the Metal Trades (General) Award No 13 of 1965 as amended at the operative date of this Agreement. This Agreement shall be interpreted in conjunction with this Award. Where there is any inconsistency between the award and this agreement, this agreement will prevail.
5.Parties to the Agreement
The parties to this agreement are WesTrac Pty Ltd (‘the company”) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch (“Union”).
6.Preamble and Commitment
(1)This agreement is the result of negotiation between the employer and the union for wages and conditions that are to apply to the Service Departments (approximately 400 employees) of the Perth and Regional operations.
(2)It is a term of this agreement that the parties undertake for the duration of this agreement not to pursue any claims, beyond the terms of this agreement. This shall not be read to limit the company’s right to effectively manage the business within the scope of the award, this agreement, common law, and legislation.
7.Occupational Health & Safety
The parties are committed to ensuring a safe environment for all of WesTrac’s employees.
8.Policies and Procedures
Employees are required to comply with all reasonable directions of the Company and with the Company's rules, regulations, policies, practices and procedures. Details are provided in the Company's Policy and Procedures Manuals as amended or introduced from time to time and copies of the manual are available from your Supervisor or Human Resources representative.
9.Contract of Employment
Except as provided elsewhere in this agreement, permanent employment for full-time and part-time employees shall be by the week and subject to a three-month probationary period.
10.Locations
Under the Agreement, work locations will be classified as follows:
(a)Classification A: Metropolitan locations excluding Abernethy Road and Guildford Field Service.
(b)Classification B: Regional branch locations, Abernethy Road and Guildford Field Service.
11.Hours
(1) Ordinary Hours - Location A: (other than continuous shift workers):
(a)An average of 38 hours per week shall be worked by full time employees which will consist of 38 ordinary hours. The 38 hours per week may be averaged over the work cycle or roster. Work cycles or rosters will not exceed an average of 56 hours per week.
(b)The ordinary hours of work may be worked on any day of the week, Monday to Friday, between the hours of 0600 and 1800 (except shift workers) unless otherwise agreed between the employee and the company.
(c)The ordinary hours of work shall not exceed 12 on any day, which shall be consecutive except for an unpaid meal break, the duration of which shall be agreed between the employee and the company, but which shall not exceed 30 minutes in duration.
(d)A paid rest break of 15 minutes shall be allowed each morning.
(e)The time that each employee’s scheduled breaks are to be taken is flexible and may be determined, and changed if necessary, on the day in order to meet operational requirements.
(2) Ordinary Hours – Location B (other than continuous shift workers):
(a)An average of 40 hours per week shall be worked by full time employees which will consist of 38 ordinary hours and 2 hours of compulsory overtime. The 2 hours of compulsory overtime per week shall be paid at the ordinary hour’s rate of pay.
(b)Full time employees shall, as compensation for working the 2 hours of compulsory overtime per week at ordinary rates, be entitled to 5 days off per annum which shall be paid at the ordinary hours rate of pay. These days off may be taken separately or in conjunction with annual leave. Employees are to make application for these days off in the same manner as annual leave is requested.
(c)The 40 hours per week may be averaged over the work cycle or roster.Work cycles or rosters will not exceed an average of 56 hours per week.
(d)The ordinary hours of work may be worked on any day of the week, Monday to Friday, between the hours of 0600 and 1800 (except shift workers) unless otherwise agreed between the employee and the company.
(e)The ordinary hours of work shall not exceed 12 on any day, which shall be consecutive except for an unpaid meal break, the duration of which shall be agreed between the employee and the company, but which shall not exceed 30 minutes in duration.
(f)A paid rest break of 15 minutes shall be allowed each morning. The time that each employee’s scheduled breaks are to be taken is flexible and may be determined, and changed by the company, if necessary, on the day in order to meet operational requirements.
(3) Ordinary Hours (continuous shift workers):
(a)An average of 38 hours per week shall be worked by full time employees, which will consist of 38 ordinary hours. The 38 hours per week may be averaged over the work cycle or roster. Work cycles or rosters will not exceed an average of 56 hours per week.
(b)The ordinary hours of work may be worked on any day of the week, Monday to Friday, between the hours of 0600 and 1800 (except shift workers) unless otherwise agreed between the employee and the company.
(c)The ordinary hours of work shall not exceed 12 on any day, which shall be consecutive except for a paid meal break, the duration of which shall be agreed between the employee and the company, but which shall not exceed 30 minutes in duration.
(d)A paid rest break of 15 minutes shall be allowed each morning and afternoon.
(e)The time that each employee’s scheduled breaks are to be taken is flexible and may be determined, and changed if necessary, on the day in order to meet operational requirements.
12.Flexibility
(1)WesTrac may introduce new shift rosters, modify and refine existing shift and continuous shift rosters to suit the needs of the business by arrangement between the employee/s and the company, with reasonable notice. The employee/s will not unreasonably refuse a request.
(2)Due to economic necessity or in order to meet client demands WesTrac may, by arrangement between the employee/s and the company and with reasonable notice, transfer employee/s from day work to shift work (continuous or otherwise) and vice versa or from one location to another. Employees will not unreasonably refuse a request.
(3)Where changes to working hours and locations are to be made the employer shall give the employee/s as much notice as is possible but such notice shall be by mutual agreement between the employer and employee/s affected.
(4)Any shift patterns agreed between the parties may include an all up wages package.
Where such an agreement is struck this provision will override any clauses in this agreement and or the parent award.
This provision will not be used to erode conditions already mentioned in this document.
13.Shift Work
A shift employee when working an afternoon or night shift shall be paid a shift allowance of 15% of the employee’s ordinary rate of pay for all ordinary hours worked during that shift.
A shift employee when working a permanent continuous rostered afternoon or night shift (which is continually completed after 12.00 midnight) shall be paid a shift allowance of 20% of the employee’s ordinary rate of pay for all ordinary hours worked during that shift.
A shift employee when working an afternoon or night shift only (i.e. no day shift) shall be paid a shift allowance of 25% of the employee’s ordinary rate of pay for all ordinary hours worked during that shift providing that the employee works continuous night shift only for a period of no less than 13 weeks.
14.Rates of Pay
(1)Each employee shall be paid the appropriate rate shown in Appendix A. - Rates of Pay or pro rata where less than 38 hours or 40 hours are worked depending on the location.
(2)The rates of pay set out in Appendix A – Rates of Pay, will be increased by 5 percent on 1 January 2006
(3)The rates of pay set out in Appendix A – Rates of Pay, will be increased by 5 percent on 1 January 2007
15.Field Service Allowance
(1)For permanent Field Service staff, the field service allowance of $2.00 is added into the hourly rate. For non-permanent Field Service staff, a field service rate of $2.00 per hour will be added into the hourly rate for hours worked in Field Service.
(2)Employee’s qualify for permanent Field Service allowance when the employee maintains a 30-day rolling average of greater than 80% of productive hours being paid at field service rates. Application for this rate will be the responsibility of the employee and will not qualify for back payment.
(3)Only one of the field staff allowances, permanent or non-permanent, will be paid in respect of any period of time: it is not possible to qualify for both of these allowances simultaneously.
(4)Field Service allowance is not a cost of living allowance.
(5)Field Service allowance compensates for special rates and provisions (i.e. site awards including dust, height, confined space) and working unsupervised without WesTrac facilities.
(6)Working in any WesTrac branch or Contracts permanently does not qualify for Field Service allowance.
(Note: temporary at a contract is where a permanent transfer has not occurred and/or not working the site shift cycle).
(7)Working from WesTrac depots and Contract temporarily will qualify for Field Service allowance.
(8)You cannot be paid Field Service allowance and Leading Hand allowance together.
(9)Field Service allowance is paid on Field Service timesheets as per the above conditions.
16.Location Allowance
(1)An employee shall be paid the weekly allowances when employed in the following locations:
Pilbara$60.00 per week
Eastern Goldfields & Murchison$45.00 per week
Bunbury and Geraldton$10.00 per week
(2) The location allowance will be paid as part of the hourly rate and specifically overrides Clause 22 of the award.
17.Annual Leave
(1)Paid annual leave will accrue at the pro-rata rate of 28 consecutive calendar days, exclusive of public holidays, for every 12 months of continuous service. An additional 7 consecutive calendar days of paid annual leave shall accrue on a pro-rata basis for every 12 months of continuous service an employee is engaged on a continuous shift roster.
(2)Annual leave may be taken in one continuous period, or in shorter periods, by agreement between the employer and employee.
(3)Payment for annual leave shall be made, if requested, to an employee prior to their taking of such leave. The amount to be paid for:
(a) Location A day workers proceeding on annual leave shall be paid the amount the employee would have received for ordinary hours the employee would have worked during the period over which the employee is taking leave. In addition an annual leave loading of 17.5% is payable when taking leave at the conclusion of each 12 months of continuous service.
(b) Location B day workers proceeding on annual leave shall be paid the amount the employee would have received for ordinary hours the employee would have worked during the period over which the employee is taking leave. In addition an annual leave loading of 13.3% is payable when taking leave at the conclusion of each 12 months of continuous service for their annual leave entitlement and the five days off in compensation for the 40 hours.
(c) Employees are able to cash in 50% of their earned annual leave (as per the Minimum Conditions of Employment Act 1993) if they have:
(i)Taken four weeks leave in the past twelve month period
(ii)Booked four weeks leave to be taken in the next twelve months
(iii)Received approval of their manager and the HR manager on “The Cash Out of Annual leave or Long Service Leave Form”
18.Sick Leave
(1)When a person has accrued twenty sick days, they will be able to use the excess sick days over 20 as family leave to care for a sick family member.
(2)Family sick leave would be payable on submission of a doctors certificate for immediate family members (spouse/de facto partner, child, parent).
Example:
An employee has 28 accrued sick days, and his/her child is sick for three days and the employee cares for the child. They could call in sick explaining they are taking a family sick leave day. They would bring in the original doctor’s certificate for their child stating that their child is sick for three days and fill in a leave form (attaching the doctor’s certificate).
The three days would then be deducted from their accrued sick leave and they would have a balance of 25 accrued sick days.
(3)Employees with pre-existing accruals of sick pay in excess of 20 days are entitled to use them as described above.
(4)In taking family sick leave days, you must maintain a minimum balance of 20 accrued sick leave days.
(5)The excess accrued sick leave may also be used for up to a maximum of 5 days bereavement leave for immediate family. The General Manager has authority to approve additional bereavement leave upon request.
19.Long Service Leave
(1)An employee is entitled to 13 weeks long service leave after 15 years of continuous service as provided in Volume 66 of the Western Australian Industrial Gazette.
(2)Pro-rata long service leave will apply after the completion of 7 years of continuous service as per company policy on long service leave. Terms and conditions for the accrual and taking of the long service will be in accordance with the company’s policy.
20Exceptional Hours Leave
(1)Where an employee works in excess of 450 hours in a 6-week continuous period, the employee shall be entitled to up to 1 weeks leave without pay after the 6 week period if so requested. The clause shall operate so as not to effect the employee’s request for leave from other entitlements such as annual leave, or days off in lieu of overtime.
(2)Employees, required to work on site, away from their Head Office / Regional Branch for extended periods (minimum of four weeks) without the ability to return home, can apply for pro rata (as above) leave without pay at the discretion of their Branch/Area manager. It will be subject to prior agreement between the company and the employee on a branch by branch basis.
21Superannuation
(1)The company will contribute superannuation on behalf of the employee. The percentage quantum will be in accordance with those specified by the Superannuation Guarantee (Administration) Act 1992. The employee may determine fund of their choice according to the appropriate legislation. The default superannuation fund in the absence of a choice is the WesTrac Employees Superannuation Fund.
(2) The company will notify employees of the entitlement to nominate a complying superannuation fund or scheme.
(3) The company will be bound by the nomination of the employee unless the company and employee agree to change the complying superannuation fund or scheme to which contributions are to be made.
(2)The company shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee.
22Issue Resolution Process
(1)Purpose of the Issue Resolution Process:
The purpose is to ensure that all employees have a process to raise and resolve issues, which impact on their work environment which is confidential, fair and prompt.
(2)Steps in the Employee Resolution Process:
(a)First, contact your immediate Supervisor or Manager explaining that you would like to use the Employee Resolution Process and to make an appointment. The appointment should be as soon as possible. In the meeting, explain what the issue is and how it is impacting on you.