KLM ENTERPRISE (STATE) AWARD 1996

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Electrical Trades Union of Australia, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 5753 of 1996)

 

 

 

AWARD

 

1.  Title

 

This Award shall be known as the KLM Enterprise (State) Award 1996.

 

2.  Parties and Persons Bound

 

This Award shall be binding upon:

 

(i)         KLM Electrical Contracting (NSW) Pty Ltd.

 

(ii)        Electrical Trades Union of Australia, New South Wales Branch.

 

(iii)       All employees, whether members of the Union or not, engaged pursuant to the Parent Award.

 

3.  Definitions

 

For the purpose of this Award:

 

"Award" means this Enterprise Award.

 

"Parent Award" means the Electrical Contracting Industry (State) Award.

 

"NESS" means the NSW Electrical Superannuation Scheme (No. 1).

 

"Company" means KLM Electrical Contracting (NSW) Pty Ltd.

 

"Construction Work" means work undertaken by the Company, contracting to a builder or construction manager for construction work in connection with the erection, or demolition of buildings or structures.

 

"Employee" means an employee of the Company performing work within the scope of this Award.

 

"MERT" means the Mechanical and Electrical Redundancy Trust.

 

"Union" means the Electrical Trades Union of Australia, New South Wales Branch.

 

4.  Objectives

 

The parties to this Award are committed to the following shared objectives:

 

To ensure customer satisfaction in the provision of services.

 

Increasing the competitiveness, productivity, efficiency and flexibility of the Company and its workforce.

 

Creating a Co-Operative, Safe and Productive Environment on the Company's Projects.

 

Continuing the development of more flexible, efficient and adaptable management and work practices.

 

Establishing and developing better and more effective communication and consultation between the Company and employees.

 

To foster a commitment to the Company's Quality Assurance System.

 

Improving job security and the working environment.

 

To provide for the use of the full range of skills and knowledge held by employees.

 

To implement a training skills enhancement program consistent with the provisions of the Parent Award and this Award for all employees.

 

To substantially reduce and eventually eliminate lost time.

 

5.  Duration of Award

 

This Award shall commence from the first full pay period to commence on or after 21 November 1996 and remain in force thereafter until 31 December 1997.

 

This Award can be terminated at or after the end of its nominal term by any one of the parties giving at least 3 month's written notice of intention to terminate to each other party.  The notice may be served before the end of the nominal term.  Where such written notice is given, the parties hereby agree that they shall make an application to the Industrial Relations Commission of New South Wales for his Award to be rescinded with the mutual consent of all the parties.

 

6.  Commitments

 

The parties to this Award are committed to ensuring that:

 

(i)         The measures contained in this Award lead to real gains in productivity.

 

(ii)        The dispute settlement procedures contained in the Parent Award is rigorously applied and enforced.

 

7.  No Extra Claims

 

The parties listed in Clause 2 above agree that they will not pursue any extra claims either Award or Over-Award for the life of this Award.

 

8.  Contract of Employment

 

(a)        All new employees (other than casuals) will be engaged on the basis of a three (3) month probationary period.  The Company reserves the right to terminate a probationary employee at any time during this three (3) month period subject to a week's notice or payment in lieu thereof.

 

(b)        It is a term and condition of employment and of the obligations and rights accruing under this Award that an employee:

 

(i)         properly use and maintain all appropriate protective clothing and equipment provided by the Company for specified circumstances;  and

 

(ii)        use any technology and perform any duties which are within the limits of the employee's skill, competence and training;  and

 

(iii)       understand that termination of employment will be based on job requirements and skills and that the principle of "last on - first off" will not apply.  It is the needs and requirements of the Company, together with the employment record, skills and abilities of the employee which will be the determining factors regarding the retrenchment of employees.  However, where employment record, skills and abilities are equal, then seniority shall take precedence;  and

 

(iv)       maintain commitment to and comply with the Company's directions (consistent with the objectives of the Award) with respect to safety, quality, site cleanliness and waste management;  and

 

(v)        be committed to the objectives in Clause 4 of this Award.

 

(c)        The Company's right to employ persons on a specified task and/or specified period basis is acknowledged.

 

9.  Relationship of Parent Award

 

This Award is to be interpreted wholly in conjunction with and is complementary to the Electrical Contracting Industry (State) Award provided that:

 

Where the Award is silent on rates of pay, conditions, allowances and other matters pertaining to the employment relationship, the Parent Award shall apply.

 

Where there is conflict between the rates of pay, conditions, allowances and other matters prescribed in this Award and the Parent Award, then this Award shall apply.

 

10.  Disputes Settling Procedure

 

General Disputes Resolution Procedure

 

The parties acknowledge the need to achieve increased flexibility and productivity.

 

The parties shall aim to reduce the incident of lost time through the elimination of restrictive practices, close consultation and co-operation with those directly affected and through the effective operation of dispute prevention and settlement procedures.  The parties to this Award shall observe the procedure under Clause 31, Dispute Settlement Procedure, of the Electrical Contracting Industry (State) Award.

 

11.  Not to be used as a Precedent

 

This Award shall not be used in any manner whatsoever to obtain similar arrangements or benefits in any other plant or enterprise other than KLM Electrical Contracting (NSW) Pty Ltd.

 

12.  Consultative Mechanism

 

The parties agree that a precondition for the effective operation of the Award is the establishment of agreed consultative mechanisms within the Company.  To this end, a consultative committee comprising of equal numbers of Company appointed representatives shall be established and maintained.  The purpose of the consultative committee shall be to develop, recommend and assist to implement strategies and measures designed to achieve the objectives outlined under Clause 4 of this Award.

 

13.  Flexibility of Work Hours

 

(a)        It is recognised by the parties that an inefficiency exists with work not commencing or finishing at the official starting and finishing times.  In endeavour to overcome this inefficiency, it is agreed that employees will be dressed and equipped ready to work at the official starting and finishing times.  Employees shall be at the site sheds (or agreed location) ready to commence work at the work start time.  Wash up time at the end of the working day shall occur after work finish time.

 

(b)        The parties agree that the current working arrangements for hours of work provisions (including, but not limited to, the daily maximum ordinary hours, work cycles and the taking of meal breaks and rest periods) may be altered during the life of this Award following consultation between the Company and affected site personnel to meet project and/or shift work operational requirements.  The criteria that will be used in assessing the desirability of proposed changes to hours of work will include the impact on efficiency, operational and project requirements, productivity, quality and quality of life.

 

The parameters for ordinary hours for the purpose of the Award shall be an average of 38 hours per week and shall be between 6.00am and 6.00pm on any or all of the days, Monday to Friday.  The ordinary hours of work shall be worked continuously except for meal breaks (which are to be agreed in accordance with the proceeding paragraph).  Different methods of implementation of the hours of work may be applied to various groups or sections of employees by agreement.

 

An employee's weekly ordinary hours of work can consist of both day and shift work, provided that the appropriate shift allowance is paid for any shift work.

 

(c)        Staggering starting and finishing times may be introduced by the Company employees at the site to help overcome any problems or potential delays.  As a consequence, breaks taken during the course of the day shall also be staggered.

 

(d)        Shift Work - The above Hours of Work provisions will also apply to Shift Work, as defined by the Parent Award.

 

(e)        RDO's may be banked to a maximum of 5.  Banked RDO's shall be taken at a mutually convenient time.  The Company will maintain a record of employees RDO bank status.

 

(f)         Overtime, if required, can be worked on an RDO weekend.

 

14.  Superannuation

 

Superannuation contributes shall be made on behalf of employees to NESS.  The contribution shall be $40.00 (forty dollars) per week for employees excepting apprentices.  The provisions of the Superannuation Guarantee Charge shall apply to apprentices.

 

15.  Redundancy

 

The Company agrees to pay into MERT the sum of $40.00 (forty dollars) per week for each employee covered by this Award (excluding Apprentices) engaged on construction work.  The redundancy provisions of the Parent Award shall apply for all other employees.

 

All employees recognise that payments made by the Company into MERT are to use to offset the Parent Award provisions, should they be made redundant.

 

If a person is made redundant, it will be the ex-employee's responsibility to obtain any benefit from the MERT fund.  The Company will provide the necessary statement to facilitate this.

 

Redundancy will not apply to persons employed for a specific period of time or for a specified task or tasks or for casual employees.  Time served as an Apprentice will not be included in the determination of continuous employment, but the probationary period for all other permanent employees will count as continuous employment.

 

16.  Wet Weather Procedure

 

In the event of wet weather, work in the open will continue until the particular work in hand can no longer be done safely and efficiently.

 

Whilst it is raining, employees will be required to:

 

Continue to work under cover or relocate to alternative work under cover, on site or on another site.

 

Obtain materials and services for men working under the cover where there is only minimal exposure to inclement weather.

 

When required, perform emergency and safety work.  In addition, work on unexpected breakdowns, which can be corrected in a limited time duration.

 

The Employer shall provide personal wet weather clothing as necessary.  Such clothing will remain the property of the Company and it is the employee's responsibility to take reasonable care of the clothing and return it.

 

Should a portion of the project be affected by wet weather, all other employees not so affected shall continue working in accordance with Award conditions, regardless that some employees may be entitled to cease work due to wet weather.

 

It is agreed by the parties that prior to any employee leaving the site due to inclement weather, consultation shall take place between the affected employees and the Company.

 

17.  Transfer of Labour

 

If a halt to productive work occurs which is not the fault or the responsibility of the Company, the parties agree that labour can be relocated to other unaffected areas to continue productive work or other sites if work is available.

 

18.  Electronic Funds Transfer

 

The parties agree that all employees will be paid by Electronic Funds Transfer.

 

19.  Skills Development

 

Skills development is an integral part of the aims of all parties to this Award.  It will assist employees to develop their personal level of skills and provide them with the opportunity to generate their own career path within the industry.

 

The parties agree to collectively develop a Skills Development Programme to accommodate the above opportunity.  The vehicle for the process will be the consultative committee.

 

20.  Wages

 

(a)        Upon commencement of this Award, the hourly all purpose wage rate for employees will be 5 per cent higher than the Parent Award all purpose hourly wage rate as of 1 May 1996.

 

(b)        Twelve months after the commencement of this Award, the hourly all purpose wage rate for all employees will be 10 per cent higher than the Parent Award all purpose hourly wage rate as of 1 May 1996.

 

(c)        Those wage increases will be in lieu of any other increases granted by the Industrial Relations Commission of New South Wales during the term of this Award.

 

(d)        Expense related allowances and disability allowances (except as varied by Clause 21) will be paid in accordance with the Parent Award and varied as the Parent Award is varied.

 

21.  Productivity Allowance

 

A productivity allowance shall be made of $1.00 per hour worked for construction work only.  This allowance shall be in lieu of all Parent Award disability allowances and multi-storey allowances.

Site/Project/Productivity Allowances.  In addition to the wage rates payable under this Enterprise Bargaining Award will be only paid where such allowance is either:

 

(a)        awarded by the Industrial Relations Commission of New South Wales;  or

 

(b)        Contractually required to be paid at the time of tender.

 

Where the Company is required to pay such Site/Project/Productivity allowances then the Productivity allowance under this Award shall be absorbed into such Site/Project/Productivity allowance.

 

22.  Top-Up / 24 Hour Accident Cover

 

The Company will also provide workers compensation "top-up" and 24 hours accident insurance for every employee covered by this Award.

 

 

 

J. J. CAHILL J, Vice-President.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.