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WESPINE INDUSTRIES PTY LTD
(DARDANUP SITE)
ENTERPRISE BARGAINING AGREEEMENT 1997
NO. AG 181 OF 1997
WESPINE INDUSTRIES PTY LTD
ENTERPRISE BARGAINING AGREEMENT 1997
1. TITLE
The Wespine Industries Pty Ltd (Dardanup Site) Enterprise Bargaining Agreement 1997.
2. ARRANGEMENT
TITLE 1
ARRANGEMENT 2
APPLICATION 3
PARTIES BOUND 4
DATE AND PERIOD OF OPERATION 5
RELATIONSHIP TO PARENT AWARD 6
NO EXTRA CLAIMS 7
HOURS OF WORK 8
WORKING WEEK 9
CHANGES TO HOURS ARRANGEMENT 10
OVERTIME 11
DISPUTE RESOLUTION PROCEDURE 12
CASHING OUT OF ANNUAL LEAVE 13
SICK LEAVE 14
TRAINING MATRIX 15
INCENTIVE SCHEME 16
FIRE FIGHTING ALLOWANCE 17
REDUNDANCY AGREEMENT 18
DEALING WITH UNACCEPTABLE BEHAVIOUR 19
REMUNERATION 20
SIGNATORIES TO AGREEMENT 21
ATTACHMENT "A" - Employees Bound by Agreement
ATTACHMENT "B" - Training Matrix
ATTACHMENT "C" - Unacceptable Behaviour Policy and Procedure
3. APPLICATION
This Agreement shall apply to WESPINE Industries Pty Ltd and to all employees engaged at the Dardanup Site under the terms and conditions of the following awards:
(a) Timber Workers Award; and
(b) Metal Trades (General) Award No. 13 of 1965.
4. PARTIES BOUND
4.1 This Agreement shall be binding on:
(a) WESPINE Industries Pty Ltd;
(b) The Forest Products, Furnishings and Allied Industries, Industrial Union of Workers, WA; and
(c) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch.
4.2 The parties will oppose any applications by other parties to be joined to this Agreement.
5. DATE AND PERIOD OF OPERATION
The parties agree:
(a) that this Agreement will become effective when it is registered by the Western Australian Industrial Relations Commission;
(b) that this Agreement will remain in operation for a period of twenty four (24) months; and
(c) to commence negotiations for a new Enterprise Bargaining Agreement during the three (3) months prior to the expiry of this Agreement.
6. RELATIONSHIP TO PARENT AWARD
This Agreement shall be read and interpreted wholly in conjunction with those Awards specified in Clause 3. - "Application", provided that where there is any inconsistency, this Agreement shall take precedence.
7. NO EXTRA CLAIMS
All parties agree that State Wage Case Decisions occurring during the life of this Agreement will not be made available to employees covered by this Agreement.
8. HOURS OF WORK
8.1 The parties recognise the Company's current and future need for maximum flexibility in the hours of work during which employees can be engaged and employees requirement for an acceptable standard of leisure time. Therefore, the parties have agreed that except as provided elsewhere in this Agreement, the arrangement provided for in sub-clauses 8.2 and 8.3 will operate at the Site with respect to the hours of work.
8.2 The ordinary hours of work shall be 38 hours per week or an average of 38 hours per week which can be worked any day Monday to Sunday. The spread of hours shall cover the full 24 hours of the clock. The working hours arrangement may differ between sections.
8.3 Penalty rates will apply as per the relevant award for ordinary hours worked on Saturday, Sunday or public holidays. Where two penalty rates are applicable to the same period, the greater of the two penalty rates only shall apply.
9. WORKING WEEK
9.1 Where it is agreed by the employer and the majority of employees affected in a section, the current working hours arrangement Monday to Friday can be brought forward by one day to be worked Sunday to Thursday, to meet irregular operational requirements without penalty rates applicable other than those penalty rates normally incurred for the Monday to Friday week.
9.2 The employer and majority of employees will agree in writing on each occasion where the provisions of sub-clause 9.1 are to apply.
9.3 The circumstances envisaged where the provisions of this Clause will apply are:
(a) where the Company requires to carry out activities such as stock-takes or major plant repairs necessitating that the plant be closed on a Friday immediately preceding a normal weekend or long weekend; or
(b) where the employees wish to arrange the working week and/or hours so as to complete their working week earlier than normal.
10. CHANGES TO HOURS ARRANGEMENT
10.1 The parties to this Agreement agree that employees covered by the provisions of this Agreement are required to work the hours determined by the Company. Where the Company determines that due to operational requirements it is appropriate to change the working hours arrangement for any area for 11 working days or more, the Company shall give two (2) weeks notice in writing of the change to employees and the Union.
10.2 Where the Company determines that it is appropriate to temporarily change the working hours arrangement, the following shall apply:
(a) a change to one (1) day's work or less, the Company shall give 24 hours notice; or
(b) a change of more than one (1) working days but less than eleven (11) working days, the Company shall give 72 hours notice.
10.3 In the case of this Clause creating genuine individual hardship, an employee may approach management with a view to discussing alternatives to the application of the provisions of this Clause.
11. OVERTIME
11.1 The parties agree that each employee will be required to nominate an overtime level from the scale at sub-clause 11.2 for the purposes of determining “reasonable overtime" as provided for in the Overtime Clauses of the Awards mentioned in Clause 3 of this Agreement.
11.2 The following sets out the overtime levels available:
(a) a maximum of 2 hours overtime per week;
(b) a maximum of 4 hours overtime per week;
(c) a maximum of 6 hours overtime per week;
(d) a maximum of 8 hours overtime per week;
(e) available for unlimited overtime each week provided the working of such overtime does not contravene Occupational Safety and Health Guidelines.
11.3 Employees will be required to work overtime as per their nominated level from the scale at sub-clause 11.2 when overtime is offered and available.
12. DISPUTE RESOLUTION PROCEDURE
The parties to this Agreement agree that Clause 41 - "Dispute Settlement" of the Timber Workers Award No. 36 of 1950, will be used for the purposes of resolution of matters for all employees covered by this Agreement.
13. CASHING OUT OF ANNUAL LEAVE
13.1 It is the intent of the parties that all employees should be encouraged to take their normal annual leave entitlement on an annual basis.
13.2 Notwithstanding the provisions of sub-clause 13.1, where it is agreed by both parties and where an employee has an accrued annual leave entitlement of four (4) weeks or greater:
(a) the employee may apply for; or
(b) the employer may request the employee,
to take up to two (2) weeks of the accrued annual leave as a cash payment per year in lieu of taking the equivalent time off.
13.3 An application for the cashing out of annual leave must be made and agreed to in writing.
13.4 Where an employee has "cashed out" a portion of his/her accrued annual leave he/she is not then entitled to have the cashed out portion as time off at a later date.
14. SICK LEAVE
14.1 The parties wish to formalise in this Agreement the existing sick leave arrangement applying to permanent employees.
14.2 Paid sick leave accrues at the rate of six hours and twenty minutes for each completed month of service.
14.3 WESPINE will pay out to permanent employees, on a biannual basis during the months of January and July, any sick leave accrued in excess of 76 hours.
14.4 Any outstanding sick leave entitlement available at the time of termination will be paid out in full except where an employee is terminated for misconduct or leaves without providing appropriate notice in accordance with the parent award.
14.5 Nothing in this Clause shall operate so as to reduce the normal proof requirements for the taking of sick leave as per the sick leave provisions of the Awards stated in Clause 3 of this Agreement.
14.6 Where an employee has been paid out a portion of his/her excess sick leave he/she is not then entitled to have the paid out portion as time off at a later date.
15. TRAINING MATRIX
The parties agree to adopt the training matrix appended to this Agreement (see Attachment marked "B"). The matrix will be reviewed on an as needs basis by management in consultation with the Site Consultative Committee.
16. INCENTIVE SCHEME
16.1 The parties agree that a draft incentive scheme will be developed during the four months from the date of signing this Agreement appropriate to the needs of both parties.
16.2 In recognition of the complexities associated with the development and implementation of an incentive scheme the parties agree it will be necessary to trial the proposal and modify it as appropriate before a decision as to implementation is made.
16.3 It is recognised that any incentive scheme will need to be dynamic to reflect changing operational conditions.
16.4 The incentive scheme will be developed by a sub-committee of the Site Consultative Committee and all discussions will be undertaken in good faith.
16.5 Nothing in this Clause should be construed such that an incentive scheme will be implemented unless the parties are able to reach agreement.
17. FIRE FIGHTING ALLOWANCE
17.1 A flat allowance of $5.00 per week will be payable to employees fully trained in fire fighting techniques and nominated in writing by the employer as fire fighting officers.
17.2 Employees nominated as fire fighting officers will be required to undertake comprehensive training in fire fighting techniques.
18. REDUNDANCY AGREEMENT
The parties agreed on the provisions of a redundancy policy to be known as the "WESPINE Redundancy Agreement" which will apply to all employees covered in Clause 3 - "Application" of this Agreement.
19. DEALING WITH UNACCEPTABLE BEHAVIOUR
19.1 The policy and procedures in the Attachment marked "C" to this Agreement outline the agreed approach to dealing with all forms of unacceptable behaviour.
19.2 The parties agree the inclusion of the policy and procedures is to raise awareness of and promote consistency in dealing with instances of unacceptable behaviour.
20. REMUNERATION
20.1 This Agreement provides for an increase of nine per cent (9%) to be paid over a period of twenty four (24) months as per the following:
(a) an increase of five per cent (5%) from the date the last union party signs this Agreement; and
(b) an increase of four per cent (4%) 12 months after the date the last union party signed this Agreement.
21. SIGNATORIES TO AGREEMENT
Employee Representative / Date
Signed / 9-7-97
Employee Representative / Date
Signed / 9/7/97
On behalf of the Forest Products, Furnishings and Allied Industries Union of Workers, WA / Date
Signed (J D Fiala) / 21/7/97
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch Common Seal / Date
Signed / 9/7/97
On behalf of WESPINE Industries Pty Ltd / Date
ATTACHMENT "A"
This agreement will apply to a total of 152 employees as per the following:
Employees eligible to be or are members of the:
(a) Forest Product, Furnishings and Allied 150
Industries, Industrial Union of Workers,
WA; and
(b) Communications, Electrical, Electronic, 2
Energy, Information, Postal, Plumbing and
Allied Workers Union of Australia,
Engineering and Electrical Division WA
Branch
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ATTACHMENT “B”
(Training Matrix)
LEVEL / AREA / CLASSIFICATION / TRAINING ELEMENT1 / 2a / 2b / 2c / 2d / 2e / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21
LEVEL 1 / ALL / ENTRY LEVEL
LEVEL 2 / G/MILL / TIMBER PROCESSOR
D/MILL / TIMBER PROCESSOR
1 / 2a / 2b / 2c / 2d / 2e / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21
LEVEL 3 / G/MILL / TIMBER PROCESSOR
D/MILL / TIMBER PROCESSOR
KILN / KILN TRAINEE
MOBILE / LOADER OP.
“ / FORKLIFT OP.
1 / 2a / 2b / 2c / 2d / 2e / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21
LEVEL 4 / L/YARD / DE-BARKER OP.
G/MILL / TIMBER PROCESSOR
D/MILL / TIMBER PROCESSOR
D/MILL / Q/C OFFICER
D/MILL / LEADING HAND
KILNS / KILN ATTENDANT
MOBILE / LOADER OP.
“ / FORKLIFT OP.
1 / 2a / 2b / 2c / 2d / 2e / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21
LEVEL 5 / G/MILL / TIMBER PROCESSOR / E
“ / LEADING HAND / E
D/MILL / TIMBER MACHINIST.
KILNS / KILN OP. - 1 YR FULLTIME
1. INDUCTION / 6. FORKLIFT COURSE / 14. WOOD PROPERTIES / SHADE = COMPULSORY
2a. Lev.1 INSTRUCTIONS / 7. MOBILE PLANT COURSE / 15. TIMBER SEASONING / E = ELECTIVE
2b. Lev.2 INSTRUCTIONS / 8. CHAINSAW COURSE / 16.
2c. Lev.3 INSTRUCTIONS / 9. FIRST AID COURSE / 17.
2d. Lev.4 INSTRUCTIONS / 10. TRAIN THE TRAINER / 18.
2e. Lev.5 INSTRUCTIONS / 11. SUPERVISOR COURSE / 19.
3. PROCEDURES / 12. TRADE CERTIFICATE / 20.
4. VSG COURSE / 13. COMPUTER COURSE / 21. SAWLOG CONVERSION
5. MSG COURSE
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