CSR LTD TRADING AS THE READYMIX GROUP - NEWCASTLE CONCRETE ENTERPRISE
BARGAINING FRAMEWORK (STATE) CONSOLIDATED AWARD 1996
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5809 of 2003)
Before Commissioner
Tabbaa
|
2 February 2004
|
REVIEWED AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. The
Enterprise(s)
3. Parties
to the Award
4. Relationship
to Parent Award
5. Term of
Award
6. No Extra
Claims
7. Review of
Award
8. Aims and
Objectives of the Award
9. Ongoing
Recognition and Commitment to Building in Quality
10. Awareness
Training
11. Disputes
Procedure
11A. Anti-Discrimination
12. Hours of
Work and Starting Times
13. Rostered
Days Off
14. Overtime
15. Uniforms
16. Flexible
Duties
17. Meal
Breaks
18. Vehicle
and Plant Maintenance
19. Allowance
20. Casual
Minimum Start
21 . Training
and Education
22. Inter-site
Flexibility
23. Staff to
Fill in on a Limited Basis
24. Data Entry
25. Consideration
of Annualised Salaries
26. The
Business Unit
27. Business
Unit Consultative Team
28. Composition
of the Consultative Team
29. Term of
Office
30. Team
Training
31. Team
Meetings
32. Team
Meetings - Team Leader
33. Team
Meetings - Minutes Taker
34. Team
Meetings - Agenda
35. Team
Communication
36. Continuous
Improvement
37. Stages of
the Framework
38. Wage
Adjustments
39. No Duress
40. Deduction
of Union Membership Fees
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates
and Allowances
Annexure A - Sites
Covered
Annexure B - Summary
of Meeting
Annexure C - Agenda
for Meeting
2. The Enterprise(s)
This award shall apply at all sites operated by CSR LTD
trading as The Readymix Group - Newcastle (as set out in Annexure A) in respect
of employees covered by the Cement Mixers and Concrete Workers, Central Batch
Plants (State) Consolidated Award published 12 January 2001 (321 I.G. 546), as
varied.
3. Parties to the
Award
This award shall be binding on:
(a) CSR Ltd
trading as The Readymix Group at the Country Division (Newcastle Region) sites
as set out in Annexure A to this award (hereafter the company).
(b) The Australian
Workers’ Union, New South Wales (Newcastle and Northern Branch).
4. Relationship to
Parent Award
This award shall be read and construed in conjunction with
the Cement Mixers and Concrete Workers, Central Batch Plants (State)
Consolidated Award published 12 January 2001 (321 I.G. 546), as varied.
Where there is any inconsistency between the abovementioned
award and this award, this award shall prevail to the extent of the
inconsistency.
5. Term of Award
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the CSR Ltd
Trading as The Readymix Group - Newcastle Concrete Enterprise Bargaining
Framework (State) Award 1996 published 25 July 1997 (300 I.G. 80).
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations 1996 and Principle
26 of the Principles for Review of Awards made by the Industrial Relations
Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on
and from 2 February 2004.
6. No Extra Claims
Except for general movements in award wages granted by the
Industrial Relations Commission of New South Wales via State Wage Cases, there
shall be no further claims for wage increases during the term of this award.
7. Review of Award
The parties agree to review this award no later than 12
weeks prior to the end of its term. In
the context of this review, the parties shall examine both the operation of the
award and the possibilities of entering into a further award, based on
continuous improvement and other agreed measures.
8. Aims and
Objectives of the Award
(1) Aims - The
parties to this award are committed to achieving improvements in productivity,
efficiency and flexibility, which in turn will significantly increase the
company's competitiveness and offer secure and worthwhile employment for
employees.
The company business needs to improve and grow so that
it becomes internationally competitive.
The company has developed a vision of the type of business
it wants and the elements necessary to transfer that vision to a reality.
The critical elements are:
(a) a customer
service focus;
(b) safe and
rewarding work;
(c) continuous
improvement;
(d) employee
participation;
(e) a total
quality culture;
(f) international
competitiveness.
(2) Objectives -
(a) To create a
positive environment to introduce enterprise bargaining into the company s
operations.
(b) To provide
guidance and increase awareness about the enterprise bargaining process.
(c) To improve the
efficiency and productivity of the company by ensuring management and labour
practices are more closely attuned to current and future needs and objectives
of the company.
(d) To develop an
environment of continuous improvement which is conducive to a flexible work
organisation able to respond to changing demands in the market place.
(e) To provide a
climate for employees to develop a broader range of skills, thereby maximising
rewards to employees and security of employment.
(f) To benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and, where appropriate, utilise this information in implementing
change.
9. Ongoing
Recognition and Commitment to Building in Quality
The company has commenced the introduction of Total Quality
Management and is committed to the principles of improving the processes we
employ. To obtain the maximum benefits
from the continuous improvement program, all employees are committed to
co-operating with the program and implementing continuous improvement
activities. All employees will become
familiar with Building in Quality and Building in Safety concepts and skills
through training and involvement in project and team-based work.
10. Awareness
Training
All employees covered by this award shall be provided with
general awareness training on enterprise bargaining.
The content and providers of this training shall be mutually
acceptable to the parties to this award.
Wherever practicable, awareness training will be conducted
in ordinary-time hours. The company
shall pay for the awareness training and employees shall be paid in accordance
with the relevant parent award while attending such training.
The duration and timing of the training sessions should be structured
so as to minimise their effect on the continuous operation of the company s
activities and customer service.
11. Disputes
Procedure
(1) Procedures
relating to grievances of individual employees:
(a) The employee
is required to notify the employer (in writing or otherwise) as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) The grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits (48 hours) must be allowed for discussion at each level of
authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employees grievance; if the matter has not been resolved it shall be referred
to the Industrial Relations Commission of New South Wales for resolution.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee may
be represented by an industrial organisation of employees.
(2) Procedures
relating to disputes, etc., between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits (48 hours) must be allowed for discussion at each level of
authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
11A.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve 1 object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age.
(c) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination any State or
Federal jurisdiction.
(5) This clause does
not create legal rights or obligations in addition to tho: imposed upon the
parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
12. Hours of Work and
Starting Times
(a) The ordinary
span of hours shall be 6.00 a.m. to 5.00 p.m., Monday to Friday, inclusive.
(b) The ordinary
span of hours may be varied by mutual agreement between the employer and the
employees concerned. Should there be a
dispute regarding this clause, the matter shall be resolved through the
disputes procedure.
(c) Within the
spread of hours in subclause (a) or (b) of this clause, starting and finishing
times may be staggered on a daily basis to suit the needs of the business. Starting times shall rotate between
employees to ensure no employee is disadvantaged.
13. Rostered Days Off
(a) Rostered days
off may be banked.
(b) Rostered days
off shall be taken to suit the needs of the business or at another mutually
agreed time between the employer and the employees concerned.
(c) Where an
employee(s) has accumulated in excess of six rostered days off consistent with subclause
(a) of this clause, the employer may require the employee(s) to take such
accumulated days in excess of six.
14. Overtime
(a) All employees
shall be available to work Saturday and Sunday overtime if required by the
employer.
(b) Saturday/Sunday
overtime shall rotate between employees to ensure no employee is disadvantaged.
(c) Where it is
believed an employee has been disadvantaged, it shall be referred to the
consultative team for resolution.
15. Uniforms
All employees are required to wear company-issued uniforms
at all times.
16. Flexible Duties
(a) Employees, the
subject of this award, may be required to drive front end loaders, concrete
trucks, aggregate trucks, back hoes, vans/utes and cement tankers on a needs
basis, subject to appropriate licensing and the employees' skill, competence
and training.
(b) Employees may
be required to operate any plant and/or equipment at concrete plants, including
allocation of work and batching, provided such work is within the skill,
competency and training of the employees concerned.
(c) Where duties
are being performed within subclauses (a) and (b) of this clause that incur a
higher rate of pay than the employees' normal rate of pay, such employees shall
be paid the higher rate whilst so engaged, consistent with mixed function
clauses from the relevant parent awards.
(d) Employees may
be required to assist in performing yard duties on a needs basis.
(e) Employees may
be required to assist in laboratory duties which include data entry, field testing,
preparation and crushing of cylinders and raw materials testing, subject to an
employees skill, competence and training.
(f) Employees may
be required to work away from home.
When working away from home the appropriate award allowances shall
apply.
17. Meal Breaks
(a) All employees,
the subject of this award, shall receive an unpaid meal break of 30 minutes per
day.
(b) The meal break
shall be taken at a time mutually agreed between the employer and the employee,
having regard to the staggered starting times and the needs of the business.
18. Vehicle and Plant
Maintenance
(a) It is a part
of an employee's duties to ensure that his/her vehicle is regularly
maintained. Such maintenance shall
include, but not be limited to, pre-start checks, greasing, dedagging, washing
and cleaning and minor maintenance. Drivers
shall assist with mechanical repairs as directed, provided such assistance is
within their skills, competence and training.
(b) Employees
shall assist in general plant maintenance and housekeeping as directed by the
employer, subject to the employee's skill, competence and training.
19. Allowance
(a) A laundry
allowance shall be included in the base rates of pay as outlined in this award.
(b) A meal allowance
on overtime (first meal plus subsequent meal) shall not apply to employees the
subject of this award.
20. Casual Minimum
Start
Casual employees shall be given a minimum start of four
hours on each occasion a casual employee is engaged.
21. Training and
Education
All employees, the subject of this award, shall undertake
training and education as directed by the employer. Such training shall be
conducted in normal working hours.
22. Inter-Site
Flexibility
All employees, the subject of this award, may be required to
work out of any plant at short notice, to meet the needs of the customer.
23. Staff to Fill in
on a Limited Basis
Supervisory personnel may perform award-covered work where the
needs of the business require such work to be performed in urgent or emergency
situations, subject to skills, competence and training of employees.
24. Data Entry
Employees may be required to enter relevant business data
into a computer.
25. Consideration of
Annualised Salaries
During the life of this award, the consultative team shall
collect data on, and consider the introduction of, annualised salaries.
26. The Business Unit
The business unit is set out in Annexure A - Sites Covered.
27. Business Unit
Consultative Team
The business unit shall establish a consultative team
(hereafter the team) to implement this award, and shall meet in conjunction
with the Consultative Team from the CSR Ltd trading as The Readymix Group
Newcastle Transport Enterprise Bargaining Framework (State) Award 1996.
28. Composition of
the Consultative Team
(1) The team
should have a maximum of four members and should be representative of the
business unit concerned.
(2) The team must
have at least 50 per cent of its members representative of the employees
employed in the business unit concerned.
(3) The procedures
for the election/appointment of company and employee team members should be
determined at each business unit.
In the determination of the team members, consideration
should be given to the:
(a) size of the
business unit;
(b) geography of
the sites in the business unit;
(c) different job
classifications in the business unit; and
(d) shift
arrangements in the business unit.
The company s employee relations representatives and the
relevant union officials should be kept advised of developments and shall
participate in any discussions as required.
29. Term of Office
(1) Members
elected or appointed to a team shall hold office for a period of 21
months. It is the responsibility of
each team member to attend all team meetings and to represent the views and
opinions of those people he or she represents.
(2) If a member of
the team ceases employment with the company or can no longer fulfil his or her
responsibilities, a new election or appointment should be made and induction
briefing should be arranged for the new team member.
30. Team Training
(1) Once each
business unit has established its team, the team shall undertake a training
session, which shall concentrate on:
(a) the content
and operation of this award;
(b) the role and
operation of the team; and
(c) basic
negotiating skills.
31. Team Meetings
(1) Each team
shall schedule regular meetings. Such meetings
should occur at a time that minimises the disruption to the business unit's
operations but also allows team members to play a focused and active role in
the meetings.
Notation: For instance, scheduling meetings after a
busy days work may be convenient but the team members might be too tired to
fully participate; whereas scheduling meetings every other Wednesday afternoon
could give everyone an opportunity to prepare and focus on the team's
activities and ensure everyone is fresh and participates fully.
(2) Team meetings
shall be attended without loss of pay by team members.
(3) The team
should agree on the standard of length of team meetings.
Notation: For instance, two-hour meetings should give
the team sufficient time to operate effectively; whereas a four-hour meeting
might result in team members losing interest.
(4) If the team
wants to extend the standard length of its meetings, the team should agree on
the length of the extension.
Notation: For instance, imagine you had a standard
two-hour meeting which was scheduled to finish at 10.00 a.m. but the team was
close to resolving an issue - the team could agree to extend the meeting to
12.30 p.m. to finish dealing with that issue.
(5) An agreed
amount of time should be allowed before and after each team meeting for the
company and employee team members to meet separately.
The time before the team meeting should be used to
prepare for the meeting and the time after the meeting should be used to
debrief and evaluate what occurred in the meeting.
32. Team Meetings -
Team Leader
(1) Each team
should elect a team leader. The
position of team leader should rotate between a management and employee team
member on an agreed basis.
(2) It is the team
leader responsibility to ensure that the meeting is run in accordance with the
agenda and that each team member is given a reasonable opportunity to express
their views during meetings.
(3) It is also the
team leaders responsibility to ensure that the meeting procedure is fair to all
members of the team, particularly in relation to the taking of adjournments,
time out, stretch breaks, etc.
33. Team Meetings -
Minutes Taker
(1) Each
negotiating team shall elect a member for the purpose of recording minutes of each
team meeting, preparing and distributing agendas.
(2) Minutes should
be recorded on a minute sheet as set out in Annexure B - "Summary of
Meeting" to this award.
(3) Minutes should
be agreed to by the negotiating team at the conclusion of each meeting and
signed by the minute taker and team leader as a true and correct record of the
meeting.
34. Team Meetings -
Agenda
(1) Every team
meeting must be structured around an agenda as set out in Annexure C -
"Agenda for Meeting" to this award.
(2) All team
members have a right and a responsibility to submit agenda items.
(3) The agenda,
minutes from the previous meeting and any relevant background
material/documentation shall be circulated within a reasonable time, but not
less than three working days prior to team meetings to allow for preparation.
35. Team
Communication
(1) Each team
shall establish a procedure for regularly communicating about the team s
activities with the employees and management in the business unit.
(2) This
communication procedure should be serviced to suit the size, number and
geography of sites in the business unit concerned.
(3) The objective
of the communication procedure is to ensure that everyone in the business unit
has a good understanding of the team's activities, providing them with an
opportunity to participate in the bargaining process through their
representatives on the team.
36. Continuous
Improvement
All parties and employees are committed to continually
improving the business. To this effect,
all employees co-operate with:
(a) identification
of key performance indicators;
(b) ongoing
measurement of those performance indicators;
(c) through
continuous improvement, implement agreed measures designed to improve
performance indicators.
37. Stages of the Framework
This award shall be in three distinct stages:
(i) Stage 1 -
This stage is represented by the content of this award and establishes the
broad framework, guidelines and administrative matters relevant to the
enterprise bargaining process concluding, with the approval of this award, in
the granting of the first stage increase of five per cent.
(ii) Stage 2 -
This stage deals with the implementation of Stage 1 at the various business
units, concluding with the identification and implementation of performance
indicators, measures and targets and completion of a Continuous Improvement
Plan. This shall be completed within nine months of the first stage payment
being made.
(iii) Stage 3 -
This stage deals with assessment of progress on the Continuous Improvement
Plan, concluding with payment within 18 months from the date of the Stage 1
payment; provided that satisfactory progress has been achieved in accordance
with the targets and opportunities for improvement identified in the Continuous
Improvement Plan.
38. Wage Adjustments
The following wage
adjustments shall apply to employees
the subject of this award:
Stage 1 - Five per cent on and from 29 August 1996.
Stage 2 - Four per cent within nine months of the Stage
1 payment of this award, subject to the criteria of subclause (ii) of clause
37, Stages of the Framework, being met.
Stage 3 - Four per cent within 18 months of the Stage 1
payment of this award, subject to subclause (iii) of the said clause 37 being
met.
Details of these rates are contained in Part B, Monetary
Rates.
39. No Duress
No party has entered into this award under duress.
CSR Ltd trading as The Readymix Group Newcastle
Concrete Enterprise Bargaining Framework (State) Award 1996
Signed on behalf of CSR Ltd trading as The Readymix
Group - Country Division.
Signed on behalf of The Australian Workers’ Union, New
South Wales.
40. Deduction of
Union Membership Fees
(1) The company
shall deduct union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the company to make such deductions in accordance with subclause
(2) herein;
(b) the union
shall advise the company of the amount to be deducted for each pay period
applying at the company's workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
(2) The employee's
authorisation shall be in writing and shall authorise the deduction of an
amount of union fees (including any variation in that fee effected in accordance
with the union rules) that the union advises the company to deduct. Where the employee passes any such written
authorisation to the union, the union shall not pass the written authorisation
on to the company without first obtaining the employee's consent to do so. Such consent may form part of the written
authorisation.
(3) Monies so
deducted from employees' pay shall be remitted to the union on either a weekly,
fortnightly, monthly or quarterly basis at the company's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(a) where the
company has elected to remit on a weekly or fortnightly basis, the company
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
company has elected to remit on a monthly or quarterly basis, the company shall
be entitled to retain up to 2.5 per cent of the monies deducted.
(4) Where an employee
has already authorised the deduction of union membership fees in writing from
his or her pay prior to this clause taking effect, nothing in this clause shall
be read as requiring the employee to make a fresh authorisation in order for
such deductions to commence or continue.
(5) The union
shall advise the company of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly, or quarterly as the case may be. The union shall give the company a minimum
of two months' notice of any such change.
(6) An employee
may at any time revoke in writing an authorisation to the company to make
payroll deductions of union membership fees.
(7) Where an
employee who is a member of a union and who has authorised the company to make
payroll deductions of union membership fees resigns his or her membership of a
union in accordance with the rules of that union, the union shall inform the
employee in writing of the need to revoke the authorisation to the company in
order for payroll deductions of union membership fees to cease."
PART B
MONETARY RATES
Adult Basic Wage:
$121.40 per week
Table 1 - Wage
Rates
(i) Cement Mixers
and Concrete Workers, Central Batch Plants (State) Award Classifications.
Grade
|
New Rate Per Week
|
|
$
|
1
|
433.30
|
2
|
454.60
|
3
|
485.80
|
3a
|
493.90
|
3b
|
494.60
|
4
|
501.50
|
5
|
501.50
|
5a
|
510.20
|
5b
|
518.50
|
6
|
510.20
|
6a
|
518.50
|
6b
|
530.40
|
Table 2 - Other
Rates and Allowances
Allowances
|
New Rate Per Week
|
|
$
|
Industry allowance
|
17.20
|
Leading Hand allowance 2-5 people
|
14.70
|
Leading Hand allowance 5-10 people
|
17.00
|
Leading Hand allowance greater than 10 people
|
23.20
|
ANNEXURE A
Sites Covered
Central Coast
|
Sandgate Laboratory Mangrove Road
|
Pavitt Crescent
|
Sandgate
|
Wyong North
|
|
|
|
Wyong Concrete Plant
|
Tighes Hill Concrete Plant
|
Lot 18 Pavitt Crescent
|
Industrial Drive
|
Wyong
|
Tighes Hill
|
|
|
Teralba Concrete Plant
|
Salamander Bay
|
Pitt Street
|
Concrete Plant
|
Teralba
|
Muller Road
|
|
Salamander Bay
|
|
|
Cardiff Concrete Plant
|
Raymond Terrace Concrete Plant
|
Pendlebury Road
|
Pacific Highway
|
Cardiff
|
Heatherbrae
|
ANNEXURE B
Summary of Meeting
Division:
|
Date:
|
|
|
Team/Project Name:
|
Next Meeting Date
|
|
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From:
|
am/pm
|
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To:
|
am/pm
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Location:
|
Leader:
|
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Facilitator:
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Team Members:
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Apologies:
|
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Objective Of Meeting:
|
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No.
|
Agreed Action
|
By Whom
|
By When
|
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ANNEXURE C
Agenda for Meeting
Division:
|
Date of Meeting
|
|
|
Team/Project Name:
|
Time:
|
|
|
|
|
From:
|
am/pm
|
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To:
|
am/pm
|
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Location:
|
Leader:
|
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Facilitator:
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Team Members:
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Objective Of Meeting:
|
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No.
|
Item
|
Who
|
Time
|
Expected
|
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|
|
Outcome
|
1
|
Review this Agenda
|
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|
Agreement on
|
|
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|
|
Agenda
|
2
|
Review Minutes of Last Meeting
|
|
|
Actions
|
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Completed or
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Carried
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Forward
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Date, Time and Location of Next Meeting
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Meeting Evaluation:
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I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.