Ram Jet Concrete Pumping/BLPPU Collective Agreement 2000 No. AG 184 of 2000
From Concretepumping
Ram Jet Concrete Pumping/BLPPU Collective Agreement 2000
No. AG 184 of 2000
1. TITLE
This agreement shall be known as the Ram Jet Concrete Pumping/BLPPU Collective Agreement 2000.
2. ARRANGEMENT
CLAUSE NO.
Title 1 Arrangement 2 Parties and Persons Bound 3 Application 4 Relationship to Parent Award 5 Period of Operation 6 Classification Structures & Rates of Pay 7 Industry Standards 8 Sick Leave 9 Negotiation of a Subsequent Agreement 10 Application of Project Agreements 11 Fares and Travelling Allowance 12 Seniority 13 All In Payments 14 Pyramid Sub-Contracting 15 Dispute Settlement Procedure 16 Safety Dispute Resolution 17 Amenities 18 Training and Related Matters 19 Drug & Alcohol, Safety & Rehabilitation Program 20 Clothing & Safety Footwear 21 Income Protection 22 Accident Pay 23 Union Membership 24 Y2K 25 Flexibility Provisions 26 Signatories to the Agreement 27 Appendix A – Drug & Alcohol, Safety and Rehabilitation
3. PARTIES AND PERSONS BOUND
This agreement shall be binding on Lee Kirwan Thomas & Graeme Ian Thomas & Jennifer Suzanne Thomas trading as Ram Jet Concrete Pumping (hereinafter referred to as “the company”), and the Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers (hereinafter referred to as “the union”) and all employees of the company eligible to be members of the union.
4. APPLICATION
This agreement shall apply to all employees of the company engaged on work in or in connection with construction, alteration, maintenance, repair or of buildings or other structures of any kind whatsoever.
This agreement shall apply in Western Australia only. There are approximately _____1_____ employees covered by this agreement.
5. RELATIONSHIP TO PARENT AWARD
1. This agreement is supplementary to, and shall be read and interpreted wholly in conjunction with, the Building Trades (Construction) Award 1987, Award No. R14 of 1978 (hereinafter referred to as “the award”).
2. In the event of any inconsistency between the award and an express provision of this agreement, the terms of this agreement shall prevail to the extent of such inconsistency, unless the express provision of the agreement provides otherwise.
6. PERIOD OF OPERATION
This agreement shall come into force from the first pay period commencing on or after the date of signing and shall remain in force until the 1st of November, 2002.
7. CLASSIFICATION STRUCTURE & RATES OF PAY
1. All employees working under this agreement shall be paid according to the wage rates set out below.
2. Wage Rates (per hour at ordinary time)
Previous EBA Rate 1st November 1999 1st November 2000 1st November 2001 Hourly Rate
$
Hourly Rate
$
Hourly Rate
$
Hourly Rate
$
Concrete Pumper 16.56 17.39 18.26 19.17
3. In addition, the following allowance will be paid for work carried out:
a) A rate of $5.25 per hour will be paid to all employees. This allowance is "all purpose" and shall be included as part of the ordinary rate.
4. All expense related allowances not specifically mentioned in this agreement will be paid as per the award as varied from time to time.
5. An additional payment will be made to compensate for the impact of the Goods and Services Tax on the Consumer Price Index. In the circumstance that the CPI limit below is exceeded the appropriate additional payment will be made to the wage rates. The CPI figure for the applicable dates will be the official figure released by the ABS for the preceding year.
Date CPI Limit Additional Payment June 2001 5% 1% (paid 1/9/2001) June 2001 6% 2% (paid 1/9/2001) June 2002 5% 1% (paid 1/9/2002) June 2002 6% 2% (paid 1/9/2002)
8. INDUSTRY STANDARDS
Redundancy
The company shall increase redundancy contributions on behalf of each to the following sums on a weekly basis:
Rate on signing $50 Rate as of 1/05/2001 $60
Superannuation
(i) The Company will make a payment of $60 per week per employee or the percentage rate that is prescribed under the Superannuation Guarantee Charge, whichever is the greater.
The Company will advise all employees subject to the Agreement of their right to have payments made to a complying superannuation fund of their choice. The Company is bound by the employee’s election. The aforementioned payment will then be made to that fund.
Until each employee nominates the fund of their choice the Company will make payments into the Construction + Building Unions Superannuation Scheme (the “C+BUSS”).
In the event that any employee chooses a fund other than the C+BUSS the Company will, within seven days of the employee advising the Company of the fund of their choice, advise the Union in writing of the employee’s decision.
In the event that the employee and the Company reach an agreement pursuant to section 49C(2)(d) of the Act to change the complying superannuation fund or scheme the Company will, within seven days of the employee and the Company reaching such an agreement, advise the Union in writing of the agreement. The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by the employee.
(ii) “Ordinary Time Earnings” (which for the purposes of the Superannuation Guarantee (Administration) Act 1992 will operate to provide a notional earnings base) shall mean the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, trade allowances, shift loading, special rates, qualification allowances (eg. first aid, laser safety officer), multi-storey allowance, site allowance, asbestos eradication allowance, leading hand allowances, in charge of plant allowance and supervisory allowances where applicable. The term includes any regular over-award pay as well as casual rates received and any additional rates and allowances paid for work undertaken during ordinary hours of work, including fares and travel.
9. SICK LEAVE
For sick leave accrued after the date of signing this agreement the following will apply:
(a) The Company’s employees shall have the option of converting 100% of accrued sick leave entitlement to a cash payment on termination
(b) If an employee who has been terminated by the Company without exercising the above option is re-engaged within a period of six months, the unpaid balance of sick leave shall continue from the date of re-engagement.
(c) Where the Company has signed a previous Agreement with the Union that also allowed for the conversion to cash payment on termination for accrued sick leave, that accrued sick leave will be treated as if is accrued under this agreement.
(d) Sick leave shall accrue, for the purposes of this clause, at the rate of one day at the beginning of each of the first ten calendar months of each year.
10. NEGOTIATION OF A SUBSEQUENT AGREEMENT
The parties agree to commence negotiations for a new collective agreement to succeed this agreement at least 3 months before the nominal expiry date. The parties intend to conclude these negotiations prior to the nominal expiry date. These negotiations shall be conducted on a collective basis between all of the parties with the negotiated outcome being subject to approval of a vote of the employees collectively.
11. APPLICATION OF PROJECT AGREEMENTS
1. This agreement shall apply to all persons employed in the employer’s business and every part thereof throughout Western Australia until 1st November 2002 except where the company commences work on a project where a site agreement to which the union is a party exists that provides for higher rates of pay and conditions.
2. The conditions contained in any such site agreement will take precedence over this agreement for the duration of the project.
12. FARES AND TRAVELLING ALLOWANCE
In addition to Clause 12A of the award a travel payment shall be made in the form of a daily payment (on days worked) of $6.15 per day per employee.
13. SENIORITY
The parties agree the continuity of employment is desirable wherever possible, and that where it is not possible, employees will be retrenched in order of seniority.
When applying the "first on last off" principle it is agreed subject to the caveat of "all things being equal", it is intended to apply on a Company basis rather than a site by site basis.
It is recognised that from time to time instances may arise where the employee's individual skills may be subject to this caveat. Where there is any disagreement as to the application of this the matter will be processed in accordance with Clause 16 - Dispute Settlement Procedure.
An employee who has been retrenched by the Company shall have absolute preference and priority for re-employment/re-engagement by the Company. Where an employee is re-engaged within a period of six months the employee shall maintain continuity of service and all accrued entitlements with the Company.
14. ALL IN PAYMENTS
1. All-in payments to employees will not be made. All-in payments are defined as an hourly rate or piece work rate which is meant to cover wages and all allowances, such as annual leave, sick leave, etc., on which tax is being paid using the Prescribed Payments System.
2. It is agreed that where a breach of this clause is discovered, the employer shall continue paying the “all-in” rate as the employees hourly rate, but shall pay all award and other entitlements on top of this amount, back-dated to the commencement of the all-in rate arrangement. The company shall not be entitled to offset any amount in excess of the ordinary hourly rate against any other entitlement in this agreement.
3. This clause shall not be applied to prevent the employer subletting specialised work outside of the normal scope of work which the employer performs. The union shall be notified when specialist sub-contractors are to be engaged.
15. PYRAMID SUB-CONTRACTING
1. “Pyramid Sub-Contracting” is defined as the practice of a sub-contractor, to whom a sub-contract is originally awarded, sub-letting that contract or part thereof to another sub-contractor.
2. Provided that where a sub-contractor does not have the technical capacity to handle a specialist section of the contract and intends to engage a specialist sub-contractor to perform that work, that section may be re-let to a specialist sub-contractor.
3. Further provided that when a sub-contract is let for labour and material, a labour-only sub-contract may be let by the sub-contractor, but it is unacceptable as a principle for further labour-only sub-contracts to be re-let.
4. A bona fide sub-contractor is generally an employer of labour, save for a machine owner-operator.
5. Where a disagreement arises in relation to the definition or application of the term “Pyramid Sub-Contracting” the parties shall discuss and determine the issue in accordance with the agreement dispute resolution procedure. In any event of a disagreement, the matter shall be negotiated further between the parties or referred to the Western Australian Industrial Relations Commission. Whilst these procedures are undertaken no industrial action shall occur.
16. DISPUTE SETTLEMENT PROCEDURE
1. Disputes over any work related or industrial matter should be dealt with as close to its source as possible.
2. An employee or the union delegate should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company.
3. If the matter remains unresolved the union delegate may then submit the matter to the appropriate senior management person.
4. If still not resolved the delegate shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the employer.
5. Whilst the above procedures are being followed work should continue as normal.
6. This procedure is to be followed in good faith and without unreasonable delay by any party.
7. Should the matter remain unresolved it shall be dealt with in one of the following ways as agreed to between the parties:
referred to the Western Australian Industrial Relations Commission for conciliation and if required arbitration. The Commissions decision will be accepted by all parties subject to legal rights of appeal; or referred to a disputes board for determination; or referred to a private arbitrator agreed to between the parties, for determination.
8. This dispute settlement procedure does not apply to health and safety issues.
17. SAFETY DISPUTE RESOLUTION
1. The parties to this agreement are committed to the safe operation of plant and equipment, to the observance of safe working practices, and the provision by the employer and correct use of all personal protective equipment. The company recognises its responsibilities to provide a safe and healthy workplace.
2. In the event of any disagreements on the necessity to carry out any safety measure or modify, reinforce or reinstate any safety device whatsoever, the procedures set out in this clause will be adopted.
3. No person shall dismiss a safety complaint. Any complaint should be referred to the company safety officer or workers’ safety representative to be dealt with in accordance with the following procedures:
(i) Where any employee becomes aware of an unsafe situation, that employee will immediately notify the company safety officer or the workers’ safety representative.
(ii) The company safety officer and the workers’ safety representative will take immediate action to have the unsafe situation rectified.
(iii) Should the company safety officer consider that no safety precautions are necessary, he/she will notify the workers’ safety representative accordingly as soon as possible.
(iv) While there is disagreement on the ruling of the company safety officer, the company safety officer will arrange for the immediate transfer of all employees from the disputed area.
(v) Should the company safety officer be of the opinion that no action is necessary and the worker’s safety representative disagrees, an appropriate inspector from Worksafe/Workcover will be requested to undertake an inspection of the disputed area for the purpose of resolving any such matter.
(vi) If disagreement still exists the chief inspector or his/her nominee will be called in to assist in the resolution of the dispute.
(vii) If no agreement can be reached between the parties the matter will be dealt with in accordance with the dispute resolution procedure of this agreement.
(viii) Whilst the above procedure is being followed there will be no stoppage of work in respect of the matter being considered, except in the area alleged to be unsafe.
(ix) It is accepted that safety considerations override normal work practices and depending on the degree of potential risk to persons on the job, or the general public, can override normal demarcation practices.
18. AMENITIES
1. The parties agree that it is the responsibility of the company to ensure that the amenities prescribed by the Award are provided as a minimum. Where, however, that standard is not maintained due to an action or event beyond the control of the company, the union agrees that the company should be allowed reasonable time in which to rectify the problem. If the company acts promptly to rectify the problem, there should be no interruption to work from industrial stoppages, bans and limitations.
2. In all instances, the following procedure shall be observed:-
3. A uniformly high standard of amenities and facilities such as ablution blocks, change rooms, crib sheds, etc. shall be provided.
4. All Sheds shall be weatherproof and soundly constructed to an approved standard with sufficient windows and doors, adequate ventilation and lighting. They must have a floor above ground level and be lined on ceilings and walls.
5. Mess Shed/s fitted with fly screens are provided for exclusive use of workers and not for the storage of employers’ equipment, tools and materials.
6. Shed/s shall provide not less that 0.75 square metres of floor space per person employed at any one time, provided that the area be not less than 4.65 square metres. Fixtures, other than tables and chairs, shall not be included when calculating floor space.
7. Where 5 or more persons are employed at one time, the floor area shall not be less than 9 square metres.
8. Adequate facilities are to be provided for warmth and for drying clothes eg. strip heaters.
9. Provided that 20 or more persons are employed on the site at any one time, the employer shall provide a separate shed or sheds for messing, which shall be of such dimension as to provide not less than 0.75 square metres of floor space per person.
10. Where less than 20 persons are employed on site, Regulation 3.20 – Workplace Facilities of the Occupational Safety and Health Regulations 1996 shall apply to provisions of messing and changing facilities.
11. In the changing facilities, separate clothes-hanging facilities for each person employed are to be provided (coat hooks only to be used).
12. In the changing facilities, sufficient seating accommodation for the changing of work apparel is to be provided.
13. In the messing facilities, sufficient tables with fixed washable laminated or vinyl surface, and seating for the taking of meals, are to be provided.
14. Food warming facilities to be supplied, together with a supply of cool, clean water conveniently accessible, as well as boiling water at meal/rest breaks.
15. Receptacle for garbage with bin liner and rat and fly proof is to be supplied in mess area, and emptied regularly.
16. A washable vinyl floor surface in all facilities is to be provided.
17. Shelving is to be supplied in the mess shed for storage (cups, lunch bags, etc).
18. All facilities are to be cleaned and disinfected on a regular basis.
19. All mess sheds shall be supplied with reverse cycle air-conditioning.
20. Toilet blocks shall be soundly constructed and roofed with weatherproof material. The floor of each toilet shall be well-drained and constructed of concrete, bricks and cement, or other approved materials which shall be impervious to water. Every toilet shall be well lighted by natural or artificial light and shall be ventilated. Each toilet shall have a hinged door, capable of being fastened on the inside, lift seats/flaps and toilet paper.
21. Where practicable, toilets to be connected to sewerage before commencement of the job.
22. Toilet/urinal location to be conveniently accessible to employees, but not so close as to cause a nuisance to those persons.
23. Where necessary, portable water seal toilets of an approved standard are to be provided and regularly serviced.
24. Conveniently accessible toilets and urinals are to be distributed every 5th floor on multi-storey constructions.
25. Toilets and urinals are to be washed daily with disinfectant and kept in clean, hygienic condition.
26. Adequate washing facilities, suitably drained, and was basins/troughs are to be supplied with running water.
27. Soap and towels are to be supplied.
28. The following toilet/urinal ratio shall be applied in respect to all employees:
Employees Toilets Urinals
1 - 5 1 Nil
6 - 10 1 1
11 - 20 2 2
21 - 35 3 4
36 - 50 4 6
51 - 75 5 7
76 - 100 6 8
NB. For each additional 20 persons or part thereof up to 200 persons or part thereof up to 200 persons, one additional urinal and one additional toilet is required. For each additional 35 persons or part thereof in excess of 200 persons, one additional urinal and one additional toilet is required. If a slab urinal is provided, each 600mm shall be regarded as one urinal.
19. TRAINING AND RELATED MATTERS
1. A training allowance of $13.00 per week per worker shall be paid by the employer to the Union Education and Training Fund. This shall increase to $14.00 per week on 1 November 2000 and a further increase to $15.00 per week on 1 November 2001.
2. Subject to all qualifications in this clause, an employee shall, upon application in writing to and with approval of the employer, be granted leave with pay each calender year pro-rata to attend courses conducted or approved by the NBCITC. The employers approval shall not be unreasonably withheld.
The application for leave shall be given to the employer at least two weeks in advance of the date of commencement of the course.
The time of taking leave shall be arranged so as to minimise any adverse effect on the employer’s operations. The onus shall rest with the employer to demonstrate an inability to grant leave where an employee is otherwise entitled.
An employer shall not be liable for any additional expenses associated with an employee’s attendance at a course other than payment of ordinary time earnings for such absence.
For the purpose of this clause ordinary time earnings shall be defined as the agreement classification rate.
Leave of absence granted pursuant to this clause shall count as service for all purposes of this agreement.
3. The Company will actively encourage employees to seek formal recognition of their skills (recognition of prior learning), and will allow leave as per (2) above for such purposes including but not limited to securing Tradesmen’s Rights Certificates.
20. DRUG & ALCOHOL, SAFETY & REHABILITATION PROGRAM
The parties are committed to the Drug and Alcohol, Safety and Rehabilitation program as outlined in Appendix A - Drug and Alcohol, Safety and Rehabilitation Program.
21. CLOTHING AND SAFETY FOOTWEAR
1. The following items will be supplied to each employee by the Company, upon the completion of five working days.
(a) 1 pair safety boots, to be replaced on a fair wear and tear basis.
(b) 2 T-shirts with collars, and will be replaced on a fair wear and tear basis.
(c) 1 bluey jacket for each employee employed during the period 1 April to 31 October. (One issued per year)
2. The Company will also make available to each employee, when requested by them, sun screen lotion and sun brims to fit over safety helmets.
.
22. INCOME PROTECTION
The Company agrees to insure employees covered by this Agreement for injury and sickness. The scheme is to be negotiated between the parties
23. ACCIDENT PAY
1. The Company agrees to pay each employee accident pay where the employee receives an injury for which weekly payments or compensation are payable by or on behalf of the Company pursuant to the provisions of the Workers’ Compensation and Rehabilitation Act 1981, as amended.
2. “Accident Pay” means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the Workers Compensation and Rehabilitation Act and the employee’s ordinary wage under this Agreement.
3. The Company shall pay accident pay during the incapacity of the employee arising from any one injury for a total of 39 weeks whether the incapacity is in one continuous period or not.
24. UNION MEMBERSHIP
The employer will encourage, as far as possible, all employees covered by the agreement, to be financial members of the Unions.
25. Y2K
On the following key dates the Company will issue written records of accrued entitlements to each employee. The accrued entitlements will include annual leave, sick leave, any accruing productivity bonuses, redundancy payments and Superannuation payments and also on each employees anniversary date:
31 December 1999 28 February 2000 31 December 2000 28 February 2001
26. FLEXABILITY PROVISIONS
1. Flexibility of Rostered Days Off
a) The parties agree to adopt flexible arrangement for the taking of RDO’s as a means to improve productivity. Where an alternate day is substituted for the scheduled RDO, the scheduled RDO will be regarded as a normal working day.
b) Any alternative arrangement for the taking of RDO’s will comply with the relevant provisions in the Award.
2. Workforce Levels
It is agreed that in addition to the pump operator, at least two employees will be utilised when a 4 inch hose is in operation. Further, in addition to the pump operator, at least three employees will be utilised when a 5 inch hose is in operation.
3. Flexibility of Meal Breaks / Hours
Normal hours of work under this agreement are within 6.00am and 4.00pm, although start time is not to commence after 7.30am. A half hour lunch break will be taken and no penalty rates are payable if the lunch break is taken between 11.00am and 2.00pm.
27. SIGNATORIES
BLPPU (SIGNED) .......K REYNOLDS.............
Date: 7 / 7 / 2000
The Company: (SIGNED) .......G THOMAS....................
SIGNATURE
Date: 3 / 7 / 2000
Company
Seal ........GRAEME THOMAS...
PRINT NAME
APPENDIX A - DRUG AND ALCOHOL, SAFETY AND REHABILITATION PROGRAM
1. PRINCIPLE
People dangerously affected by alcohol, and/or drugs are a safety hazard to themselves and all other persons in the workplace.
2. FOCUS
Site safety and the involvement of the site safety committee Peer intervention and support Rehabilitation
3. WORKPLACE POLICY
a) A person who is dangerously affected by drugs or alcohol will not be allowed to work until that person can work in a safe manner.
b) The decision on a persons ability to work in a safe manner will be made by the safety committee, or on projects with no safety committee, by a body of at least equal numbers of employee/employer representatives.
c) There will be no payment of lost time to a person unable to work in a safe manner.
d) If this happens 3 times the worker shall be given a written warning and made aware of the availability of treatment/counselling. If the worker refuses help he/she may be transferred/dismissed the next time he/she is dangerously affected.
e) For the purposes of disciplinary action a warning shall be effective for a period of 12 months from the date of issue.
f) A worker having problems with alcohol and or other drugs:
Will not be sacked if he/she is willing to get help. Must undertake and continue with the recommended treatment to maintain the protection of this program. Will be entitled to sick leave or leave without pay while attending treatment.
4. IMPLEMENTATION
To assist with the adoption and implementation with this policy the company will:-
a) Clearly state its endorsement of the BTG Drug and Alcohol program and comply with it.
b) Provide access at an agreed time and venue for a representative of the BTG Drug and Alcohol Program to address a meeting of employees to discuss and endorse the program.
c) Authorise the attendance of appropriate company personnel eg. Safety delegate/officer, safety committee members, union delegate, consultative committee members(s) at the two hour BTG Drug and Safety in the Workplace training course.
V A R I A T I O N R E C O R D
Ram Jet Concrete Pumping/BLPPU Collective Agreement 2000
No. AG 184 of 2000
Delivered 07/08/00 at unreported Consolidated
CLAUSE NO. EXTENT OF VARIATION ORDER NO. OPERATIVE DATE GAZETTE REFERENCE
