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PRECISION VALVE AUSTRALIA PTY LIMITED ENTERPRISE AWARD 2003
  
Date03/19/2004
Volume343
Part9
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2445
CategoryAward
Award Code 1104  
Date Posted03/18/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1104)

SERIAL C2445

 

PRECISION VALVE AUSTRALIA PTY LIMITED ENTERPRISE AWARD 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Precision Valve Australia Pty Ltd.

 

(No. IRC 6899 of 2003)

 

Before Commissioner Tabbaa

12 December 2003

 

AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Basic Wage

3.         Parties to Award

4.         Relationship to Parent Award

5.         Purpose of the Award

6.         Consultative Mechanism

7.         Measures to Achieve Best Practice Performance

8.         Remuneration

9.         Avoidance of Disputes Procedures

10.       Contract of Employment

11.       Classification Structure

12.       Flexible Work Hours

13.       Family Leave

14.       Bereavement Leave

15.       Superannuation

16.       Renewal of Award

17.       No Extra Claims

18.       Redundancy

19.       Rights of Union Delegates

20.       Area, Incidence and Duration

 

PART B

 

Table 1 - Monetary Rates

 

2.  Basic Wage

 

This Award, in so far as it fixes rates of wages, is made by reference and in relation to the adult basic wage of $121.40 per week.

 

The said basic wage is subject to variation in accordance with the provisions of the Industrial Relations Act 1996. Upon any such variation, rates of wages prescribed by this Award are subject to variation pursuant to Section 1 of Part 2 of the said Act to the extent necessary to give effect to the change in the said basic wage.

 

3.  Parties to Award

 

The parties to this Award are:

 

(a)        Precision Valve Australia Pty. Limited (PVA).

 

(b)        All employees engaged in the classifications contained herein, whether members of the below mentioned union or not, who are engaged at Precision Valve Australia Pty Limited, 85 Williamson Road, Ingleburn, N.S.W.

 

(c)        The Australian Liquor, Hospitality and Miscellaneous Workers Union (hereafter referred to as the Union).

 

4.  Relationship to Parent Award

 

This Award shall be read and interpreted wholly in conjunction with the relevant State Awards shown below - provided that where there is any inconsistency, this Award shall take precedence to the extent of the inconsistency:

 

Plastic Moulding, &c. (State) Award.

 

Metal, Engineering and Associated Industries (State) Award.

 

Storemen and Packers, General  (State) Award.

 

(hereafter the relevant Parent award).

 

5.  Purpose of the Award

 

The object of this Award is to regulate the working conditions and remuneration of employees engaged by PVA.  The aim is to improve the quality of the company's products and services, enhance working conditions of all employees and restructure the manufacturing operation with its associated functions to gain continuous productivity improvement and cost effectiveness.

 

The aim of the Award is to ensure that, over its lifetime, the foundations are established for a highly flexible facility at PVA whose market-driven customer focus (internal and external), quality and productive performance matches or exceeds the world's best.

 

6.  Consultative Mechanism

 

The Consultative Committee has been elected. The Committee comprises 6 members drawn from the following areas:

 

Production - Moulding (1)

 

Production - Non Moulding (1)

 

Engineering (1)

 

Stores (1)

 

Management (2)

 

One of the above representatives is to be a Union member.

 

Additional observers can be seconded as appropriate for specific issues provided the Committee agrees.  Senior management of PVA and the Union have the right of access at any time.

 

6.1        Employer Representatives

 

To ensure the committee operates to its full potential at least one (1) of the employer representatives will hold a senior position within the operation at the Ingleburn site.

 

6.2        Training Representatives

 

All representatives of the Consultative Committee will undertake an agreed training program on the operation of the Committee and their roles as members.

 

All training will be paid and conducted during normal working hours.

 

6.3        Meetings

 

The Consultative Committee will meet as required with all meetings being held at a time and place mutually convenient to the representatives.

 

Employee representatives will be given sufficient time to prepare for Committee meetings to ensure they can adequately discuss and deal with the issues on the agenda.

 

6.4        Communications

 

A separate notice board dedicated to notices from the Consultative Committee will be provided in the PVA canteen.

 

The issues to be considered within the consultative framework include:

 

Improving and expanding manufacturing operations and associated activities;

 

Increasing job security,

 

Improving the working environment through the operation of self managed teams,

 

Improving communication between management and employees,

 

Introducing new technology & involving employees in strategic planning

 

Introducing new or improved methods to reduce waste, and reduce quality costs (i.e. external failure cost, appraisal cost, prevention cost, and internal failure cost),

 

Introducing new job designs and job flexibility, through the development of appropriate competency based classifications,

 

Providing training leading to improved career opportunities.

 

The consultative framework is not intended to consider issues such as:

 

Industrial Relations matters, or

 

Health and Safety matters (however, it will support safety processes pursued via the OHSC and PVA's accreditation activities).

 

The parties to this Award support the establishment and maintenance of appropriate consultative mechanisms consistent with the provisions of the abovementioned Awards and based on International Best Practice.

 

This model views the committee's chief role as pursuing the full commitment of management and employees to the change process and ongoing continuous improvement within PVA.

 

7.  Measures to Achieve Best Practice Performance

 

This Award reflects the commitment of Precision Valve Australia Pty. Limited, its employees and the Australian Liquor, Hospitality and Miscellaneous Workers Union to the smooth and speedy establishment of significantly improved operating systems, work and management organisation, as well as working arrangements.

 

This will be achieved through the parties' joint commitment to on-going industrial co-operation and consultation and specifically, through their joint emphasis on performance related factors such as customer service, quality, efficiency, safety, productivity, technology, work-organisation (including teams development), multi-skilling, education and training.

 

8.  Remuneration

 

The parties agree that the implementation of this Award is designed to achieve real and demonstrable improvement in productivity which it is intended will fund the wage increase listed below.

 

Wage Increase

 

The appropriate weekly rates are found in Table 1 of Part B - Monetary rates - and will be payable as follows:

 

A $13 increase payable from the first complete pay period after acceptance of the offer made by PVA on 8th June 2003 i.e. 11th June 2003.

 

Another $13 increase payable from 10 December 2003.

 

A final $26 increase payable from 9 June 2004.

 

The above wage increase will be payable in addition to the current agreed base rate of pay.   The increase will not be absorbed into any over-award payment.  Any increases arising from State Wage Cases or any variation to the Awards referred to in Clause 4 can be absorbed during the lifetime of this Award.

 

9.  Avoidance of Disputes Procedure

 

It is agreed that the following procedure is designed to resolve grievances and disputes by the parties.  All parties will observe this procedure and make every effort to complete steps (a), (b), and (c) below, within 5 working days.

 

Work shall proceed safely and efficiently as per the Production Schedule whilst this procedure is followed and without prejudice to either party.

 

(a)        The employee(s) with a grievance or dispute should firstly raise the matter with the Team Supervisor and/or Leader.  The individual(s) have the option of involving the Union Delegate at this stage.  The employee concerned shall have Management's response presented in writing.

 

(b)        Should the matter remain unresolved, a resolution of the issues shall be sought between the Departmental Manager or representative, and those parties mentioned in paragraph (a).

 

(c)        If the grievance or dispute remains unresolved the matters shall then be reviewed by the Departmental Manager or representative, the employee(s) involved, Union Delegate and Union Organiser.  

 

(d)        Should the grievance or dispute remain unresolved, either party as defined in Clause 3, may seek the assistance of the Industrial Relations Commission at the first opportunity.

 

10.  Contract of Employment

 

PVA shall engage appropriately skilled casual, part-time and full time employees.  This ensures the viable and flexible working operation of the company. The application of these categories is outlined below.

 

10.1      Terminations

 

In respect of permanent full-time and part-time employment, an employee or the employer may terminate the contract of employment by the giving a minimum of one weeks notice or by the payment or forfeiture of one weeks pay.

 

In respect of casual employment, an employee or the employer may terminate the contract of employment by the giving of one hour’s notice or the payment or forfeiture of one hour’s pay.

 

Employees not wishing to participate in the programs of change, quality and continuous improvement, will be given every opportunity to become involved through the PVA counselling procedures

 

10.2      Counselling & Dispute Avoidance Procedures

 

Precision Valve Australia Pty. Limited's Counselling Procedures consist of:

 

1.          Informal Counselling - which is verbal.

 

2.          Formal Counselling - which is documented.

 

3.          Formal Warning - in the presence of a Personnel Department and Employee Representative.

 

4.          Final Warning - in the presence of a Company Representative and an Employee Representative.

 

Written advice will be given to the employee clearly identifying the issues involved, a record of counselling and disciplinary action to date, along with a clear indication that this is the "Final Warning".

 

Throughout all of the above procedures, the employee will be provided with opportunities to respond.

 

5.          Dismissal - Where an employee fails to meet the requirements clearly identified in the written advice of Final Warning, or engages in serious misconduct, the Supervisor/Manager may seek dismissal of the employee following:

 

* A full investigation of the issues leading to dismissal.

 

If dismissal is sought after this process, the Company's representative will meet with the employee in the presence of their chosen representative - to provide the opportunity to respond to the issues which might lead to dismissal.

 

10.3      Definitions

 

Casual Employee - means a person who is engaged and paid as such.  A casual employee for working ordinary time shall be paid one thirty-eighth of the appropriate weekly rate, for the work performed, plus 20%.

 

Part-Time Employee - means an employee who is engaged to work less than 304 ordinary time hours (i.e. 40 shifts) but not less than 121.6 ordinary time hours (i.e. 16 shifts) over each eight (8) week cycle, and whose hours of work are fixed according to a roster.

 

Part-time employees shall be entitled to appropriate pro rata annual leave, sick leave and long service leave, public holiday pay where the employee was rostered to work on the day the holiday fell due etc..

 

Full-Time Employee - means an employee who is engaged to work a 38 hour week. 

 

10.4      Probationary Employment (New Employees)

 

During the first three months of employment, all full-time or part-time employment shall be probationary.  This period is for the purpose of familiarising the employee with the employee's duties, performance requirements and work environment.

 

The employee will receive regular feedback concerning performance during this period.  This feedback will be communicated to the employee at the end of each completed month of service.  At the end of the second completed month of service such communication will be in writing.

 

Should the employee's performance not be satisfactory, the employee will be counselled in accordance with the Counselling and Dispute Avoidance Procedure.  Nothing in this clause 10 shall limit PVA's right to dismiss an employee summarily for malingering, inefficiency, neglect of duty, or misconduct, and in such cases wages shall be paid up till the time of the dismissal only.

 

10.5      Requirement to Perform Other Duties

 

The Company may also require an employee to perform work which is incidental to their main tasks or functions and in other departments or teams within the skill, training and competence of that employee. Where the company may also require that an employee use such other tools and equipment as the need arises, appropriate training will be provided as necessary, notwithstanding tasks that require a trade certificate or licence.

 

10.6      Timekeeping

 

Employees who are late or leave early shall lose wages for the time so absent, unless by prior arrangement with their Supervisor.

 

10.7      Abandonment of Employment

 

The Company shall regard an employee who absents themselves without reasonable cause from work and without notification for a period in excess of 5 days, to have abandoned their employment.

 

10.8      Mixed Functions

 

An employee (except for Trainees or Apprentices where the function is a legitimate part of their 'on the job' training) engaged for more than two hours during one day or shift on duties carrying higher responsibilities and a higher rate than his/her ordinary classification, shall be paid the higher rate for such day or shift.  If for two hours or less during one day or shift, he/she shall be paid the higher rate for the time so worked.

 

11.  Classification Structure

 

All of the parties covered by this Award are committed to developing career paths and opportunities for self-improvement.  PVA will provide an environment where employees can develop their career in the workplace.

 

Training opportunities will be provided to all employees wherever practical in order to achieve a multi-skilled and cross trained workforce relative to the company's aims and objectives.

 

All training related matters will be administered in accordance with the PVA Competencies Management Scheme Manual.

 

12.  Flexible Work Hour

 

12.1      Annual Leave

 

Annual leave may be taken at any time on or after it falls due subject to customers' orders, the operational requirements of PVA and in accordance with the conditions of the Annual Holidays Act 1944 New South Wales.

 

12.2      Job Sharing

 

PVA will consider job sharing based on individual employee needs.  The introduction of job sharing under the "part time provisions" will not lead to the elimination of full time employment positions.

 

12.3      Rostering

 

(1)        For the purposes of this subclause 12.3:

 

a "post-1995 Employee" means an employee of PVA under this Award who commenced employment with PVA on or after 17 May 1995, being the date when the Precision Valve Australia Pty Limited Enterprise Award 1995 came into operation; and

 

a "pre-1995 Employee" means an employee of PVA under this Award who commenced employment with PVA prior to 17 May 1995, and who has remained in continuous employment with PVA since that date.

 

(2)        PVA will operate under a 7-day production system to allow it, if necessary, to meet its market driven customer focus and demands on PVA’s products and services.  The parties agree to meet these needs via the following mechanisms:

 

(a)        a post-1995 Employee may be required to work shift work, including a 7-day shift roster, in accordance with and under the conditions of the relevant Parent award.

 

(b)       in respect of a pre-1995 Employee, this Award will not require such an employee to work shift work, however nothing in this Award or the relevant Parent award will preclude or prevent a pre-1995 Employee agreeing with PVA to work shift work on a temporary basis subject to and on the following conditions:

 

shift work is worked in accordance with the shift work provisions and the conditions in the relevant Parent award applicable to shift work; and

 

the agreement between the employee and PVA is in writing; and

 

once the temporary shift work arrangements come to an end, the pre-1995 Employee will work in accordance with the conditions that applied to his or her employment immediately prior to working under the temporary shift work arrangements.

 

13.  Family Leave

 

Employees shall be entitled to 7 days family leave (including sick leave) on full pay for each year of service with PVA.  Subject to this clause, the conditions for taking family leave (including sick leave) will be in accordance with the relevant Parent award.

 

14.  Bereavement Leave

 

Employees shall be entitled to 3 days Bereavement Leave.  Subject to this clause, the conditions for taking bereavement leave will be in accordance with the relevant Parent award.

 

15.  Superannuation

 

The Parties nominate the Precision Valve Superannuation Plan as the fund for all employer and employee contributions to be deposited with.  The plan is currently part of the AON Master Trust administered by AON Consulting Pty Limited. The funds of the Plan are currently invested with Australian Portfolio Management Limited.

 

16.  Renewal of Award

 

The parties shall continuously monitor the operation of this Award to ensure its effective implementation and further agree that discussions will commence with the purpose of re-negotiating a fifth Award a minimum of six (6) months prior to the expiry of this Award.

 

17.  No Extra Claims

 

For the duration of this Award, the Union and employees will not pursue any extra claims in relation to state or federal wage increases, award or over award.

 

18.  Redundancy

 

As PVA and its employees pursue the successful introduction of technology and performance improvement, any consequences arising from these changes will be handled through a consultative framework (i.e. management will consult with all affected employees and their union).

 

Ground rules in the event of any requirement to reduce the numbers of employees shall be:

 

(a)        Casuals considered as surplus will not be re-engaged.

 

(b)        Permanent and permanent part-time employees:

 

(i)         Voluntary redundancies will be offered.

 

(ii)        Where surplus positions still remain, consultative mechanisms will be used to resolve the issue.

 

18.1      Redundancy Agreement

 

18.1.1   Annual leave loading (prescribed in the relevant Award) will be paid on accumulated annual leave entitlements including pro rata for the current year.

 

18.1.2   Period of notice

 

1 year or less service

1 weeks notice

1-3 years service

2 weeks notice

3-5 years service

3 weeks notice

5 years and over

4 weeks notice

 

The period of notice may be worked to cover training and operational commitments, or payment in lieu.

 

18.1.3   Redundancy Payment:

 

10 days (2 weeks) pay for each completed year of service, plus five (5) days (1 week) for each completed year of service for employees over the age of 45, with a maximum of 55 weeks payment to individual employees.  The amount paid will be the weekly ordinary rate of pay excluding allowances and penalties.

 

18.1.4   Wherever possible, the Company will assist employees to secure other employment.  Employees will be allowed appropriate time (paid) to attend interviews.

 

18.1.5   Pro rata payment of Long Service Leave will be made after five years service with the Company consistent with the provisions of the Long Service Leave Act.

 

18.1.6   Discussions will be held with union representatives within the consultative framework, 1 month prior to notification of redundancies taking place.  This will take place in accordance with Clause 18 of this Award.

 

To facilitate the above discussions, the Company as soon as possible shall make available to the ALHMWU and other interested parties all relevant information regarding any proposal to make redundant permanent employees.

 

The information shall be in writing and shall include but not be limited to:

 

the reasons for the proposed redundancy;

 

the number and categories of the employees likely to be affected;

 

the number of employees normally employed; and

 

the period over which the redundancies are likely to be carried out.

 

18.1.7   Voluntary redundancies will be considered first, with a view to retaining appropriate skills and experience within PVA provided such skills and experience are consistent with the needs of the ongoing operation.

 

In the event that voluntary redundancy numbers are not met in each area of employment, PVA will proceed with the redundancies in a manner consistent with the best interests of the business and the parties remaining on a last on, first off basis in each area of employment.

 

Where there is any further disagreement this will be handled within the context of the Counselling & Dispute Avoidance Procedures.

 

18.1.8   A statement itemising the amount payable to each employee subject to separation will be made available two weeks prior to separation.

 

18.1.9   A Certificate of Service will be provided to each employee subject to separation.

 

19.  Rights of Union Delegates

 

Delegates, with approval from their Team Leader/Manager, will be allowed reasonable paid time to attend to Union matters.

 

Delegates will be allowed a maximum of 5 days each year to attend Trade Union training at full pay.

 

20.  Area, Incidence and Duration

 

This Award rescinds and replaces the Precision Valve Australia Pty Limited Enterprise Award 2001 published 5 July 2002 (334 I.G. 1043).

 

This Award shall apply to Precision Valve Australia Pty. Limited, 85 Williamson Road, Ingleburn, NSW, and its employees engaged in the processes related to the manufacture of aerosol valves and ancillary components.

 

This Award shall be read and interpreted in conjunction with the awards referred to in Clause 4 but will prevail over those awards to the extent of any inconsistency.

 

This Award shall take effect from 12 December 2003 and shall remain in force thereafter until 8 June 2005.

 

PART B

 

Table 1 - Monetary Rates

 

Rates applicable after Increase payable first full pay period after 8th June 2003 i.e.11/06/2003

 

Classification

 

Level 2

 

 

Level 1

G1

G2

G3

Level 3

 

$

$

$

$

$

Production Operator 1

489.76

495.93

519.77

543.19

609.19

Production Operator 2

513.60

543.19

567.03

614.71

680.71

Production Technician

519.77

638.14

709.65

804.60

870.60

Stores

519.77

543.19

567.03

661.98

727.98

Line Mechanic

596.63

709.65

733.09

804.60

870.60

Maintenance Fitter

596.63

709.65

733.09

804.60

870.60

Toolmaker

620.06

709.65

733.09

804.60

870.60

 

Rates applicable from 10 December 2003

 

Classification

 

Level 2

 

 

Level 1

G1

G2

G3

Level 3

 

$

$

$

$

$

Production Operator 1

502.76

508.93

532.77

556.19

622.19

Production Operator 2

526.60

556.19

580.03

627.71

693.71

Production Technician

532.77

651.14

722.65

817.60

883.60

Stores

532.77

556.19

580.03

674.98

740.98

Line Mechanic

609.63

722.65

746.09

817.60

883.60

Maintenance Fitter

609.63

722.65

746.09

817.60

883.60

Toolmaker

633.06

722.65

746.09

817.60

883.60

 

Rates applicable from 9 June 2004.

 

Classification

 

Level 2

 

 

Level 1

G1

G2

G3

Level 3

 

$

$

$

$

$

Production Operator 1

528.76

534.93

558.77

582.19

648.19

Production Operator 2

552.60

582.19

606.03

653.71

719.71

Production Technician

558.77

677.14

748.65

843.60

909.60

Stores

558.77

582.19

606.03

700.98

766.98

Line Mechanic

635.63

748.65

772.09

843.60

909.60

Maintenance Fitter

635.63

748.65

772.09

843.60

909.60

Toolmaker

659.06

748.65

772.09

843.60

909.60

 

 

 

I. TABBAA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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