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.