Cervantes Electrics Pty Ltd Enterprise Bargaining Agreement

CERVANTES ELECTRICS PTY LTD ENTERPRISE BARGAINING AGREEMENT

NO. AG 123A OF 1997 2 3

1. - TITLE

This Agreement shall be known as the Cervantes Electrics Pty Ltd Enterprise Bargaining Agreement.

2. - ARRANGEMENT

1. Title 2. Arrangement 3. Area and Scope 4. Parties Bound 5. Date and Period of Operation 6. Application of Agreement 7. No Extra Claims 8. Objectives of Agreement 9. Dispute Procedure 10. Consultative Processes 11. Training 12. Measures to Achieve Gains in Productivity, Efficiency and Flexibility 13. Monitoring of Agreement 14. Wages 15. Signatories

3. - AREA & SCOPE

This Agreement shall apply to Cervantes Electrics Pty Ltd, its employees who are members or eligible to be members of the Union in the classifications set out in Clause 14. - Wages of this agreement and the Union and shall operate within the State of Western Australia.

4. - PARTIES BOUND

This Agreement is made between:

(1) Cervantes Electrics Pty Ltd a company incorporated in the State of WA and having its office at Lot 5781 Schilliman Street, Wedgefield, WA (with its successors and assigns.)

(2) The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers' Union of Australia, Engineering and Electrical Division, WA Branch having its office 401- 403 Oxford Street, Leederville, Western Australia (with its successors and assigns), (the Union).

5. - DATE AND PERIOD OF OPERATION

This Agreement shall operate from 1 January 1996 and shall remain in force until 1 January 1998 or its earlier cessation in accordance with subclause (2) of Clause 6. - Application of Agreement. 4

6. - APPLICATION OF AGREEMENT

(1) (a) Where the parties to this Agreement are also parties to an Agreement which applies to a specific project the parties agree to discuss whether the provisions of this Agreement will apply to that project in lieu of the specific Project Agreement.

(b) If it is agreed that the specific Project Agreement applies then the conditions of this Agreement shall not apply.

(c) If it is agreed that meaningful productivity increases can be achieved, but this Agreement cannot be implemented in full, then wage increases available from this Agreement may be introduced on a "pro rata" basis. The increases available from this Agreement will be a maximum of those contained in Clause 14. - Wages of this agreement.

(2) The parties agree that if, following a review of this Agreement by the parties and the Consultative Committee, and agreement is reached that this Agreement places and continues to place Cervantes Electrics Pty Ltd and its Employees at a competitive disadvantage, and productivity and flexibility have not improved then Cervantes Electrics Pty Ltd have the option of reverting to work under the Award.

(3) No part of this Agreement shall be used by the Union, Cervantes Electrics Pty Ltd or its Employees as evidence or example before any Industrial Tribunal or proceedings not directly concerned with work covered under this Agreement.

(4) No part of this Agreement shall be otherwise used by the Union, Cervantes Electrics Pty Ltd or its Employees as evidence or example before any Industrial Tribunal or any other Contractor.

(5) (a) Where a specific project or Site Agreement is applicable to work undertaken by Cervantes Electrics Pty Ltd and the Union are a party to that specific Project or Site Agreement, the specific Project or Site Agreement shall take precedence over this Agreement.

(b) (i) Where a Specific Project or Site Agreement is applicable to work Cervantes Electrics Pty Ltd are contracted to carry out, and Cervantes Electrics Pty Ltd and the Union is not a party to that Specific Project or Site Agreement, it is agreed that the parties will discuss the application of this Agreement to that work.

(ii) Where the parties are unable to agree upon the applicability or otherwise of this Agreement to the work both parties acknowledge the other party's legal rights to protect their respective interests.

(iii) Both parties have the option of suspending this Agreement effective immediately provided that the suspension shall only extend to the application of this Agreement to the work on the Specific Project or Site.

(6) Pursuant to this Agreement and its measures to achieve gains in productivity, efficiency and flexibility, Cervantes Electrics Pty Ltd shall provide the rates of pay prescribed in Clause 14. - Wages which shall be paid in lieu of the minimum weekly rate provided for in the Award. 5

(7) This Agreement shall operate in conjunction with the Electrical Contracting Industry Award F22 of 1978 (the Award). Where any inconsistency exists between this agreement and the award, this agreement will take precedence to the extent of the inconsistency.

(8) At the time this Agreement was entered into, there were approximately 12 employees engaged by Cervantes Electrics Pty Ltd at the Iron Ore facilities owned by BHP at Nelson Point and Finucane Island.

7. - NO EXTRA CLAIMS

(1) The employees and the union shall not pursue any extra claims in relation to the award, with the exception of future State Wage Decisions, for the life of this Agreement.

(2) Consistent with the Arbitrated Safety Net Adjustment Principle any future Safety Net Adjustment shall be absorbable to the extent of any equivalent amount in rates of pay paid pursuant to this Agreement. Future Safety Net Adjustments shall not increase the wage rates contained in Clause 14. - Wages of this agreement.

8. - OBJECTIVES OF AGREEMENT

(1) The parties acknowledge their commitment to the principles of enterprise bargaining.

(2) The parties agree that as a result of this Agreement, Cervantes Electrics Pty Ltd need to achieve productivity improvements to continue to hold a competitive edge within the market place by:

(a) heightening awareness and acceptance of accountability levels of all in the contracting process within Cervantes Electrics Pty Ltd' operations;

(b) encouraging Cervantes Electrics Pty Ltd' employees to accept responsibility in helping manage the total project performance including that of subcontractors;

(c) developing concepts of best practice, continuous improvement and quality control to enhance productivity and efficiency;

(d) developing a co-operative and harmonious working environment in the enterprise;

(e) developing better employee management practices that promote shared concepts of skill formation, learning, teamwork, participation, flexibility and communication;

(f) introducing best practice procedures in workplace health and safety and personnel management;

(g) developing and following procedures to eliminate lost time and make better use of available working time, eg, start and finish at the designated workplace at normal start and finish times;

(h) establishing measures to ensure ordered relations exist between Cervantes Electrics Pty Ltd and the union on Cervantes Electrics Pty Ltd' work sites;

(i) enhancing job satisfaction; 6

(j) improving Cervantes Electrics Pty Ltd' competitiveness to help improve job security.

(3) It is agreed that the measures in this agreement, properly implemented and carried out, will assist in the achievement of those objectives.

9. - DISPUTE PROCEDURE

The parties undertake that when a matter is in dispute between the union and Cervantes Electrics Pty Ltd, or a matter arises which is likely to cause a dispute for any reason whatsoever, the procedures contained in the Award shall be followed.

10. - CONSULTATIVE PROCESSES

(1) Effective participation and acceptance of accountability levels in the construction process, and achievement of the common goal and objectives of this agreement, are enhanced by genuine consultation between Cervantes Electrics Pty Ltd and its employees.

(2) (a) The Consultative Committee (the Committee) may be established within Cervantes Electrics Pty Ltd. The composition and size of Committee shall be determined by the parties.

(b) The Committee will initially be chaired by Cervantes Electrics Pty Ltd Contract Manager or nominee. A representative of the union may attend meetings. A representative of the ECA may attend the meetings.

(3) (a) The role of the Committee is to act as a forum for consultation, guidance and advice between Cervantes Electrics Pty Ltd and its employees on matters such as monitoring and reviewing:

(i) implementation of this agreement and it's objectives;

(ii) determination of Benchmarks, Best Practice and Continuous Productivity Improvement;

(iii) The Skills Formation Programme and ancillary training;

(iv) the Productivity Improvement Programme;

(v) communication between Cervantes Electrics Pty Ltd and its employees; and

(vi) fostering a consultative and co-operative environment and setting and accepting appropriate levels of accountability and responsibility.

(b) The Committee is a consultative and advisory group and it is recognised by all parties that final and overall accountability for company performance rests with Cervantes Electrics Pty Ltd. 7

11. - TRAINING

(1) Cervantes Electrics Pty Ltd acknowledge the changing pace of technology in the Electrical Contracting Industry and the need for employees to understand those changes and have the necessary skill requirements to keep Cervantes Electrics Pty Ltd at the forefront of the Industry.

(2) The parties to this agreement recognise that in order to increase the efficiency, productivity and competitiveness of Cervantes Electrics Pty Ltd, commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(a) developing a more highly skilled and flexible workforce; and

(b) providing employees with career opportunities through appropriate training to acquire the additional skills as required by Cervantes Electrics Pty Ltd.

(3) It is agreed that a training programme be developed consistent with:

(a) the current and future skill needs of Cervantes Electrics Pty Ltd;

(b) the size, structure and nature of Cervantes Electrics Pty Ltd and

(c) the need to develop vocational skills relevant to Cervantes Electrics Pty Ltd and the electrical contracting industry.

12. - MEASURES TO ACHIEVE GAINS IN PRODUCTIVITY, EFFICIENCY AND FLEXIBILITY

(1) Award Matters

It is agreed between the parties that all work performed for Cervantes Electrics Pty Ltd shall be performed in accordance with this agreement and with the award as varied by this agreement and in conjunction with, where applicable, other industry agreements.

(2) Flexibility of Hours, Breaks and RDO's

It is agreed that employees will be flexible in the following areas:

(a) where it is agreed between Cervantes Electrics Pty Ltd and the majority of affected employee(s) Cervantes Electrics Pty Ltd may reschedule ordinary working hours;

(b) The spread of hours may be altered by agreement between Cervantes Electrics Pty Ltd and the majority of employees in the plant or section(s) concerned;

(c) agreement to reschedule ordinary working hours and to alter the spread of hours shall not unreasonably be withheld;

(d) flexibility of rest periods and meal intervals which may be staggered or otherwise arranged at a time and in a manner to suit the convenience of Cervantes Electrics Pty Ltd in conjunction with the provisions paragraph (1) (e) and (f) of Clause 11. - Hours of the award; and 8

(e) flexibility of rostering employees' days off,

It is agreed that when Cervantes Electrics Pty Ltd wish to reschedule an RDO, Cervantes Electrics Pty Ltd will endeavour to provide reasonable notice to the employee(s), RDO's may be substituted by agreement in accordance with the award, which agreement shall not unreasonably be withheld.

(3) Maintenance of Workplace

All employees are committed to ensure their workplace is maintained in a clean and safe condition.

(4) Overtime

(a) Overtime will be worked in accordance with the Award, Clause 12 - Overtime. In particular the employees agree to strictly adhere to subparagraphs (2)(f)(i) and (ii) of Clause 12. - Overtime.

"(2)(f)(i) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

"(2)(f)(ii) The union party to this award, or employee or employees covered by this award, shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon working or overtime in accordance with the requirements of this subclause."

(b) Overtime may be worked on a RDO weekend as required by Cervantes Electrics Pty Ltd, Simon Carvos will endeavour to give employees who are required to work on a RDO weekend such prior notice as is reasonable in all the circumstances.

(c) Cervantes Electrics Pty Ltd will introduce a roster system to endeavour to allocate overtime hours in a fair and equitable manner at Cervantes Electrics Pty Ltd' discretion, provided that this will not disadvantage Cervantes Electrics Pty Ltd in any way.

(d) In conjunction with the roster system Cervantes Electrics Pty Ltd will select the employees required to work overtime according to the needs of Cervantes Electrics Pty Ltd and the particular project.

(e) When overtime has been scheduled and these employees have committed himself or herself to work overtime such commitment must be honoured. Where an employee has a valid reason to be absent, in accordance with award provisions, the employee is obligated to advise Cervantes Electrics Pty Ltd, as soon as possible prior to overtime commencement of that fact and the reasons therefore, so that alternative arrangements may be made.

(5) Place of Start and Finish Work

It is agreed that all employees will be dressed and ready to start work at their normal start time at the designated workplace and work will finish at their normal finish time and place. On construction work the workplace shall be deemed to be the nearest Cervantes Electrics Pty Ltd' compound or smoko shed.

(6) Footwear 9

It is agreed that employees who have been issued with safety footwear will have such safety footwear replaced on a fair wear and tear basis. There shall be no automatic reissue of footwear where an employee is placed on a new site.

(7) Uniforms and Clothing

It is agreed that employees issued with Cervantes Electrics Pty Ltd uniforms and clothing shall wear such items during all work hours and each employee shall maintain his/her uniform in a respectable condition as approved by Cervantes Electrics Pty Ltd.

It is agreed the employees who have been issued with clothing will have such uniforms/clothing replaced on a fair wear and tear basis. There shall be no automatic reissue of clothing where an employee is placed on a new site.

(8) Care of Cervantes Electrics Pty Ltd Property -

(a) It is agreed that employees will treat all Cervantes Electrics Pty Ltd property, plant and equipment with due care and respect to ensure replacement is kept to a minimum. All property, plant and equipment shall be returned to the designated storage area each day.

(b) a tradesperson or apprentice shall replace or pay for any tools supplied by Cervantes Electrics Pty Ltd if lost through his/her negligence. See paragraph (20)(b) of Clause 18 - Special Rates and Provisions of the award.

(c) It is agreed that all employees are committed to reducing the cost of maintenance and minimising theft and time spent looking for equipment not returned to its designated storage area.

(9) Company Vehicles

Where an employee is provided the use of a company vehicle to conduct company business that employee shall ensure that:

(a) the vehicle is kept clean and free of rubbish;

(b) the vehicle's oil and fuel requirements are regularly checked to maintain the vehicle in a ready-for- use condition; and

(c) any defects that come to the employee's attention are reported to Cervantes Electrics Pty Ltd immediately.

(10) Care of Consumables

It is agreed that all employees are committed to ensure maximum usage of materials and consumables is achieved and will exercise due care and precaution to prevent wastage. All employees are committed to identifying further ways in which wastage can be reduced.

(11) Quality Management 10

It is agreed that employees shall co-operate fully with the development and implementation of Cervantes Electrics Pty Ltd Quality Management Systems and procedures, and will continually strive to improve the quality of the products and services supplied by Cervantes Electrics Pty Ltd. Employees are committed to reduce rework and complete tasks the first time, and eliminate the need to return to finish incomplete work.

(12) Time Sheets and Day Labour Sheets

(a) It is agreed that employees will punctually and correctly fill out time sheets for each pay period.

(b) It is agreed that where required by Cervantes Electrics Pty Ltd operating procedures, eg, service work and day works, employees shall promptly and correctly fill out Cervantes Electrics Pty Ltd Day Labour Sheets.

(13) Co-operation Between Employees and Supervisors

(a) It is agreed that employees shall assist in the management of efficiency and production of sites by advising the supervisory staff at the earliest available opportunity if-

(i) it is anticipated that a material shortfall may occur, and if a shortfall does occur;

(ii) faulty hand tools are on site;

(iii) production is likely to be delayed or is delayed by other trades; and

(iv) work is not being carried out accordance with the specifications plans or with, the SAA Wiring Rules.

(b) Employees will take an active role to ensure that sufficient quantities and correct types of materials are available at the job site to maximise time at the workface.

(c) Employees will take an active role in care and maintenance of the workplace to eliminate safety hazards.

(14) Use of Expertise and Duties

(a) It is agreed that employees who have undertaken the appropriate training or obtained the appropriate license to operate plant and equipment, such as cherry pickers, boom lifts and hiab trucks, will exercise these skills or use such licenses when required to by

(b) Employees' duties shall include any work for which the employee has requisite qualifications required in connection with the Electrical Contracting Industry.

(15) Rest Period

(a) A rest period of 10 minutes shall be allowed in accordance with the following:

(i) Subject to the provisions of this paragraph, a rest period of 10 minutes from the time of ceasing to the time of resumption of work shall be allowed each morning. 11

(ii) The rest period shall be counted as time off duty without deduction of pay and shall be arranged at a time and in a manner to suite the convenience of the employer.

(iii) Refreshments may be taken by employees during the rest period but the period of 10 minutes shall not be exceeded under any circumstances.

(iv) An employer who satisfied the Commission that any employee has breached any condition expressed or implied in this paragraph may be exempted from liability to allow the rest period.

(b) This arrangement may be altered to suite the convenience of Cervantes Electrics Pty Ltd.

(16) Unauthorised Absences

(a) Cervantes Electrics Pty Ltd shall:

(i) arrange an employee's ordinary hours of work which shall average 38 hours per week; and

(ii) select the method of implementation of the 38 hour week.

(b) An employee shall present himself or herself for duty and remain on duty during the ordinary hours of work.

(c) Cervantes Electrics Pty Ltd shall be under no obligation to pay for any hours not worked during those ordinary hours unless it is an authorised absence in accordance with:

(i) award provisions; or

(ii) an instruction from Cervantes Electrics Pty Ltd that the employee may leave site without loss of pay.

(17) Safety Disputes

(a) Where a Cervantes Electrics Pty Ltd employee is affected by a safety dispute an employee shall comply with Cervantes Electrics Pty Ltd' instructions to either:

(i) continue work when the area in which the employee is working is not affected by the condition giving rise to the dispute; or

(ii) accept a transfer to work in an area of the site not affected by the condition giving rise to the dispute; or

(iii) accept a transfer from one site to another site; or

(iv) leave the site without loss of pay.

(b) An employee who does not comply with Cervantes Electrics Pty Ltd instructions shall forfeit wages for time not worked. 12

(18) Inclement Weather (Wet or Hot)

(a) Where a Cervantes Electrics Pty Ltd employee is affected by inclement weather an employee shall comply with Cervantes Electrics Pty Ltd' instructions to either:

(i) continue work when the area in which the employee is working is not affected by the inclement weather; or

(ii) accept a transfer to work in an area of the site not affected by the inclement weather; or

(iii) accept a transfer from one site to another site not affected by the inclement weather; or

(b) Where Cervantes Electrics Pty Ltd requires an employee to traverse open ground Cervantes Electrics Pty Ltd will provide the employee with protective clothing. Such clothing will remain the property of Cervantes Electrics Pty Ltd and shall be returned to Cervantes Electrics Pty Ltd. Employees shall take reasonable care of the clothing and pay the cost of its replacement if lost or damaged due to an employee's negligence.

(c) An employee shall not be affected by inclement weather unless by virtue of the weather conditions it is not reasonable and it is not safe for work to continue.

(d) An employee who does not comply with Cervantes Electrics Pty Ltd' instructions shall forfeit wages for time not worked.

(19) All Other Disputes

(a) Where a Cervantes Electrics Pty Ltd employee is affected by any other dispute an employee shall comply with Cervantes Electrics Pty Ltd instructions to either:

(i) continue to work when the area in which the employee is working is not affected by the condition, situation or grievance giving rise to the dispute; or

(ii) accept a transfer to work in an area of the site not affected by the condition, situation or grievance giving rise to the dispute; or

(iii) accept transfer from one site to another site; or

(b) An employee who does not comply with Cervantes Electrics Pty Ltd' instructions shall forfeit wages for time not worked. 13

(20) Movement of Material

It is agreed that employees will, where reasonably safe to do so and in compliance with DOSHWA requirements, load and unload materials, plant and equipment from delivery vehicles and move such materials, plant and equipment as required without impediment.

(21) New Technology

It is agreed that employees will fully utilise all new technological advances implemented by including, but not limited to, technological advances in relation to materials, methods, plant and equipment.

(22) Work on Ladders

It is agreed that employees will work on ladders where they are required to do so and such work complies with the Occupational Health, Safety and Welfare Act.

(23) Client Satisfaction

(a) The employees will take an active role in ensuring client satisfaction and acknowledge that client relationships is important to the growth of and its ability to offer continuing employment to its employees.

(b) All employees agree to treat customers with courtesy and respect and to consider the customers interests in their actions.

(c) Cervantes Electrics Pty Ltd and its employees recognise that a commitment to complete the project work on time and on budget is essential to the ongoing viability of the company and the prospects of long term employment of employees.

13 - MONITORING OF AGREEMENT

The parties to this Agreement shall continually monitor the development of the Agreement and shall review the effect of this Agreement three months prior to its expiration.

If it is felt by the employees that the interpretation of this agreement places them at a disadvantage then the parties shall reconvene to resolve the issue. 14

14. - WAGES

The following wage rates shall apply only upon registration of this Agreement by the Western Australian Industrial Relations Commission in the first full pay period to commence on or after 1st January 1996, subject to the successful implementation of the principles contained within this document.

Beginning of lst Full Pay Period on or after 1.7.96 1.1.97 1.7.97 1.1.96 $ $ $ $

Electronics Tradesperson 636.71 660.59 685.36 711.06 Electrician Special Class 570.06 591.44 613.62 636.63 Instrument Fitter Elec Grade 2578.84 600.55 623.07 646.43 Electrical Mechanic 542.43 562.77 583.87 605.77 Electrical Fitter 542.43 562.77 583.87 605.77 Instrument Fitter Elec Grade 1562.51 583.61 605.49 628.20 Linesperson Grade 1 542.43 562.77 583.87 605.77 Cable Jointer 542.43 562.77 583.87 605.77 Linesperson Grade 2 521.88 541.45 561.76 582.82 Electrical Assistant 459.59 476.83 494.71 513.26

Electrical Mechanic Apprentice

1st Year 211.56 219.49 227.72 236.26 2nd Year 276.64 287.01 297.78 308.94 3rd Year 363.43 377.06 391.20 405.87 4th Year 428.53 444.60 461.27 478.57

Apprentices shall be paid the percentage shown in the Award ie 39%, 51%, 67%, 79% of the Electrical Mechanics EBA wage. 15

15. - SIGNATORIES

IN WITNESS whereof the parties have signed this Agreement.

For and on behalf of

Cervantes Electrics Pty Ltd (indecipherable) ...... Director

M. Cervantes (Signed) ...... Director/Secretary

For and on behalf of Communications, Electrical, Electronic, Energy, Information Postal, Plumbing and Allied Workers' Union of Australia, Engineering and Electrical Division, W.A. Branch (indecipherable) ...... Signed

(indecipherable) ...... Witnessed 16

V A R I A T I O N R E C O R D

CERVANTES ELECTRICS PTY LTD ENTERPRISE BARGAINING AGREEMENT.

NO. AG 123A OF 1997

Delivered 09/10/97 at 77 WAIG 2880 Consolidated

CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE NO. VARIATION NO. DATE REFERENCE

1. Title as delivered AG123A97 13/06/97 77 WAIG 2880

2. Arrangement as delivered AG123A97 13/06/97 77 WAIG 2880

3. Area and Scope as delivered AG123A97 13/06/97 77 WAIG 2880

4. Parties Bound as delivered AG123A97 13/06/97 77 WAIG 2880

5. Date and Period of Operation as delivered AG123A97 13/06/97 77 WAIG 2880

6. Application of Agreement as delivered AG123A97 13/06/97 77 WAIG 2880

7. No Extra Claims as delivered AG123A97 13/06/97 77 WAIG 2880

8. Objectives of Agreement as delivered AG123A97 13/06/97 77 WAIG 2880

9. Dispute Procedure as delivered AG123A97 13/06/97 77 WAIG 2880

10. Consultative Processes 17

as delivered AG123A97 13/06/97 77 WAIG 2880

11. Training as delivered AG123A97 13/06/97 77 WAIG 2880

12. Measures to Achieve Gains in Productivity, Efficiency and Flexibility as delivered AG123A97 13/06/97 77 WAIG 2880

13. Monitoring of Agreement as delivered AG123A97 13/06/97 77 WAIG 2880

14. Wages as delivered AG123A97 13/06/97 77 WAIG 2880

15. Signatories as delivered AG123A97 13/06/97 77 WAIG 2880