Please find attached re-filed Agreement Decision in AG2011/1276, which was originally filed on 10 June 2011.

Transcription

1 AE PR Please find attached re-filed Agreement Decision in AG2011/1276, which was originally filed on 10 June The re-filed Agreement Decision has been amended in the preamble to reflect the correct agreement being approved, namely the M & M Global Pty ltd t/a Moorabbin Carpet Choice and CFMEU (FFTS Branch) Enterprise Bargaining Agreement Please discard your original and replace with the attached. Patti Ladd Associate to Commissioner Blair 14 June

2 [2011] FWAA 3670 DECISION Fair Work Act 2009 s.185 Enterprise agreement Construction, Forestry, Mining and Energy Union (AG2011/1276) M & M GLOBAL PTY LTD T/A MOORABBIN CARPET CHOICE AND CFMEU (FFTS BRANCH) ENTERPRISE BARGAINING AGREEMENT 2011 Building, metal and civil construction industries COMMISSIONER BLAIR MELBOURNE, 10 JUNE 2011 Application for approval of the M & M Global Pty Ltd t/a Moorabbin Carpet Choice and CFMEU (FFTS Branch) Enterprise Bargaining Agreement [1] An application has been made for approval of an enterprise agreement known as the M & M Global Pty Ltd t/a Moorabbin Carpet Choice and CFMEU (FFTS Branch) Enterprise Bargaining Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a single-enterprise agreement. [2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met. [3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation. [4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June The nominal expiry date of the Agreement is 1 February Printed by authority of the Commonwealth Government Printer <Price code G, AE PR510405> 2

3 CFMEU Victorian FFTS Branch Union Collective Agreement Floor covering Moorabbin Carpet Choice Page 1 of 44

4 M & M Global Pty Ltd t/a Moorabbin Carpet Choice ENTERPRISE BARGAINING AGREEMENT SECTION 1 APPLICATION AND OPERATION OF AGREEMENT Contents of Agreement Section 1 Application and Operation of Agreement Clause No. Title 1. Contents of Agreement 2. Agreement title 3. Application 4. Parties Bound 5. Duration of Agreement 6. Relationship to Parent Award 7. Contract of Employment 8. Objectives 9. Equal Opportunity 10. Measures to Improve Productivity 11. No Extra Claims Section 2 Communication, Consultation, Dispute Resolution & Workplace Policies Clause No. Title 12. Consultation Processes 13. Inclement Weather 14. Dispute Resolution Procedure Section 3 Wages/Allowances and Related Matters Clause No. Title 15. Wages increases 16. Starting on Site/ Travelling Allowance 17. Apprenticeships/Labour Shortage 18. Minimum Enterprise Rates 19. Supply and Insurance of Tools 20. Site Allowances Moorabbin Carpet Choice Page 2 of 44

5 Section 4 Hours of Work Clause No. Title 21. National Standards 22. Hours of Work; Rostered Days Off, Productivity Leisure Days And Protection of Leisure Time Section 5 Leave Provisions & Individual Flexibility Term Clause No. Title 23. Parental Leave 24. Portable Long Service 25. Picnic Day Section 6 Occupational Health and Safety Clause No. Title 26. Clothing and Equipment 27. Amenities 28. Anti-Bullying and Harassment Section 7 Superannuation, Travel Insurance & Redundancy Clause No. Title 29. Superannuation Agreement 30. Incolink 31. Travel Insurance/Workers Compensation/Income Protection 32. Redundancy Agreement 33. C+BUS Variation to Deed of Adherence 34. Incolink Deed of Adherence Section 8 Collective Representation Facilitative Provisions Clause No. Title 35. Facilitative Provisions For Collective Representation Section 9 Regular Daily Hire Provisions Clause No. Title 36. Minimum Terms and Conditions 37. Minimum Rates Level 1 Furniture Tradesperson Accredited Carpet & Vinyl Installer 38. Minimum Rates Utility Worker 39. Payment Records 40. Superannuation 41. Workcover/Incolink 42. Supply of Tools 43. Income Protection Insurance 44. SEET/Incolink Applications Moorabbin Carpet Choice Page 3 of 44

6 Section 10 Signatories Clause No. Title 45. Signatories to Agreement Section 11 Appendices Appendix A Site Allowance C+BUS deed of adherence; Incolink deed of adherence Moorabbin Carpet Choice Page 4 of 44

7 2. TITLE This Agreement will be called the M & M Global Pty Ltd t/a Moorabbin Carpet Choice and CFMEU (FFTS Branch) Enterprise Bargaining Agreement APPLICATION This Agreement will apply to M & M Global Pty Ltd t/a Moorabbin Carpet Choice located at 883 Nepean Highway, Moorabbin 3189 Victoria, in respect to all its employees performing work within the scope of the Building and Construction General On-Site Award 2010 ( the Award ), anywhere in the state of Victoria. Further, this Agreement will apply where the work performed is commercial and/or domestic in nature. 4. PARTIES BOUND This Agreement will be binding upon: (i) (ii) the Construction Forestry Mining and Energy Union (the Union) and its Officers and members; and M & M Global Pty Ltd t/a Moorabbin Carpet Choice in respect of all work performed at the aforementioned business which is within the scope of the Award. 5. DURATION OF AGREEMENT This Agreement will operate from the beginning of the first pay period to commence on or after 1 May 2011 and will remain in force until 1 February RELATIONSHIP TO PARENT AWARD 6.1 This Agreement incorporates and applies wholly in conjunction with the Building and Construction On-Site Award 2010 ( the Award ) as varied from time to time. 6.2 Where there is an inconsistency between an express provision of this Agreement and a provision in the Award, the provisions of this Agreement shall prevail to the extent of the inconsistency. 6.3 The employer agrees not to implement the Award in such a manner that would reduce any conditions, entitlements or benefits which were available to employees either prior to making this Agreement or prior to modernisation. Any classification structure or definition included in any Award which covered the workplace prior to modernisation will apply to all employees covered by this Agreement. Any increase, improvement, or broadening of entitlements in the award will be taken to be included in this Agreement. 6.4 The making of this Agreement does not affect existing above Agreement payments and conditions of employment unless the terms of this Agreement expressly provide that no other arrangements will apply. Moorabbin Carpet Choice Page 5 of 44

8 6.5 Upon incorporating Award terms into the Agreement the incorporated terms are to be read as altered with the appropriate changes to make them provisions of the Agreement rather than provisions of an award: references within the Award to the Award shall be read to mean this Agreement. 6.6 If, at any time, the conditions set out in this Agreement, including the incorporated Award are less favourable than those in the National Employment Standard, in any particular respect, the conditions in the Standard will apply to the exclusion of this Agreement in the particular respect in which they are more favourable. 7. CONTRACT OF EMPLOYMENT The terms and conditions contained in this Agreement and the Award (as varied from time to time) form part of the employment contract of all employees entitled to the benefits of this Agreement. The Company will provide a notification to all its affected employees, within twenty-one (21) days of this Agreement being certified by Fair Work Australia (FWA), in the following terms: 8. OBJECTIVES The (name of Agreement) was approved by Fair Work Australia on the (date of lodgement). The terms and conditions of this Agreement and the Building & Construction General On-Site Award 2010, as varied from time to time, constitute terms of your contract of employment with M & M Global Pty Ltd t/a Moorabbin Carpet Choice. Accordingly, if a term or condition of the Agreement or the Award is breached it may be enforced by you in a court of competent jurisdiction. The objectives of this Agreement are to: (i) (ii) (iii) Improve job satisfaction of the company's employees by improving on existing award and industry standards. Increase efficiency and productivity of the company through the effective utilisation of skills and commitment of employees. Improve skill levels of employees and management. 9. EQUAL OPPORTUNITY 9.1 The parties recognise that all employees have the right to a productive, harassmentfree and fulfilling working life The parties further recognise that discrimination in its various forms, may prevent workers from participating fully in the operations of the enterprise Accordingly, the parties agree that any form of discrimination on the basis of sex, sexuality, race, political or religious beliefs, age, union activity or membership or any other form of discrimination will not be tolerated in the workplace. Moorabbin Carpet Choice Page 6 of 44

9 9.2 The parties will abide by all applicable state and federal laws relating to equal opportunity and protection from discrimination. 9.3 Discriminatory practices include sexual harassment. 9.4 This clause will operate so as to ensure that the interests of relevant employees within the meaning of S.170LT(7A) and 358A(d) of the Workplace Relations Act 1996 (being women, employees who first language is not English and young persons) are taken into account in the implementation of this Agreement. 9.5 The company is committed to the principle of equal pay for work of equal value and will not allow gender inequity to occur in the workplace either in the Agreement or overaward context. Any dispute over this issue will be handled in accordance with the dispute procedures at clause MEASURES TO IMPROVE PRODUCTIVITY 10.1 Modernisation of Annual Leave Provision To allow greater flexibility in taking annual leave, the following provisions will apply:- (a) (b) (c) (d) (e) Employees will be credited with 21 (twenty-one) days annual leave per year. Leave will be taken at times during the year as agreed between the employee and employer. The needs of the employee will be given primary consideration by the employer when such leave arrangements are being made. Employees must be allowed at least one break of not less than fourteen consecutive days. Remaining leave may be taken in one:- (i) (ii) period of not less than seven consecutive days. single day/s maximum five days per annum. 11. NO EXTRA CLAIMS 11.1 It is agreed by the parties to this Agreement that up to and including 1 February (i) The Company, Employees and the union will not, by any means whatsoever, demand, pursue or make any extra claims relating to benefits, conditions, obligations or matters contained in this Agreement; Moorabbin Carpet Choice Page 7 of 44

10 (ii) The Company, Employees and the Union will not, by any means whatsoever, demand, pursue or make any claims relating to benefits, conditions, obligations or matters that are not contained in this Agreement ; and (iii) The Company, Employees and the Union will not seek any changes to the Employee s terms and conditions of employment Moorabbin Carpet Choice Page 8 of 44

11 SECTION 2 COMMUNICATION, CONSULTATION, DISPUTE RESOLUTION & WORKPLACE POLICIES 12. CONSULTATIVE PROCESSES 12.1 General The parties agree that they will consult each other about matters involving changes to the organisation or performance of work in the workplace covered by this Agreement Such consultation will, but is not limited to, matters relating to: structural efficiency; training; termination; change and redundancy. In addition the parties may develop further consultative arrangements as required from time to time Employees must be consulted in the development of workplace polices. Workplace polices can only be introduced with the Agreement of the employees Consultation regarding Major Change If the Employer is seriously considering major workplace changes that are likely to have a significant effect on the employees covered by this Agreement, the Employer must consult with the Union and any employees who will be affected by the decision. An employee is entitled to be represented by the Union or other representative for the purpose of consultation under this clause As soon as practicable the employer must discuss with the union and relevant employees the introduction of the change; and the effect the change is likely to have on the employees. The employer must discuss measures to avert or mitigate the adverse effect of the change on the employees For the purposes of the discussion the employer will provide the Union and relevant employees in writing: all relevant information about the change including the nature of the change proposed; and information about the expected effects of the change on the employees; and any other matters likely to affect the employees. Moorabbin Carpet Choice Page 9 of 44

12 In complying with this clause the employer is not required to disclose information which is confidential and commercially sensitive The employer must give prompt and genuine consideration to matters raised about the major change by the Union or relevant employees As soon as a final decision has been made, the Employer must notify the Union and the employees affected, in writing, and explain the effects of the decision All participants must act in good faith in relation to the consultation process provided in this clause While consultation in relation to major change is taking place, except where a genuine occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the employer s consideration of major change will not be altered. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause In this clause: Good faith includes obligations to meet, disclose relevant information, genuinely consider proposals and respond with reasons, and to refrain from capricious or unfair conduct that undermines consultation A major change is likely to have a significant effect on employees if it results in: the termination of the employment of employees; or change to the composition, operation or size of the employer s workforce or to the skills required of employees; or the elimination or diminution of job opportunities or job security (including reduction or limitation of opportunities for promotion or tenure); or the alteration of hours of work; or the need to retrain employees; or the need to relocate employees to another workplace; or the restructuring of jobs; or the introduction or variation of any policy or procedure relating to drug and alcohol testing; or the introduction or variation of any policy or procedure relating to workplace privacy and electronic surveillance of any kind in the workplace; or any change to which the transfer of business provisions set out in Part 2-8 of the Act apply. 13. INCLEMENT WEATHER 13.1 The parties to this Agreement adopt the following provision for Inclement Weather - as follows: Moorabbin Carpet Choice Page 10 of 44

13 The parties agree that all necessary steps will be taken to ensure that a full working understanding of the Inclement Weather procedures as contained in the relevant industry awards, is achieved and maintained throughout the industry, with particular adherence to the following provisions and guidelines: (i) (ii) (iii) (iv) should a portion of the project be affected, by inclement weather, all other employees not so affected will continue working in accordance with the appropriate award provisions, regardless that some employees may be entitled to cease work due to inclement weather. During periods of hot weather, work in air conditioned environments will continue, subject to amenities being located adjacent to or within a reasonable distance from the workplace. It is recognised that during periods of hot weather, some tasks/workers may be relocated prior to 35 degrees C due to OH&S considerations but other tasks may continue up till 35 degrees C. Should a portion of the project be affected by inclement weather, employees can be transferred to another work location under cover on the site, or to another site in accordance with the appropriate award provisions. It is agreed by the parties that prior to any employee leaving the site due to inclement weather, consultation will take place between the union site representatives and site management Guidelines For Inclement Weather Hot Weather Guidelines For the purposes of site-based discussions regarding the need to plan and perform work during expected periods of hot and/or inclement weather, the following issues will be considered in conjunction with proper consideration of occupational health and safety issues Temperature Measurement Temperature will be measured by the nearest Melbourne Bureau of Meteorology Monitoring Station at the following locations: Melbourne; Moorabbin; Dunns Hill; Melbourne Airport; Frankston; and Point Wilson. At the commencement of each project, the onsite management and employees representatives will agree which is to be the applicable automatic weather monitoring station Working Arrangements As part of a process leading to improvements, it is recognised that hot weather procedures including relocation, must be part of the formal OH&S procedures developed, adopted and managed on a project by project basis having regard for the different conditions that may prevail on projects in various locations. Moorabbin Carpet Choice Page 11 of 44

14 When the temperature approaches 35 degrees C, the consultative process outlined in subclause of the VBIA will occur, with an intention that employees may leave site if the temperature actually reaches 35 degrees C. If the temperature reaches 35 degrees C, the task or activity being performed will be completed before work is to cease and the penalty provisions as for emergency work under the NBCIA will apply. By agreement with the OH&S committee and head contractor during periods of inclement weather (heat) the Saturday break roster can be applied for weekday work. By agreement (at least one week in advance) with the OH&S committee and head contractor, the start time each day of the week can be adjusted to avoid expected heat (ie earlier start time) Interpretation & Application of Guidelines, Award, VBIA etc It is jointly agreed that the site representatives (Union, management and employees) are empowered to implement the guidelines as per the scope provided. It is jointly agreed that refresher training to explain the interpretation and application of the inclement weather clauses is to be conducted to ensure correct use. Unless these guidelines are followed, the employer will not be required to pay for lost time through inclement weather and the Disputes Board will be so briefed. 14. DISPUTES RESOLUTION PROCEDURE 14.1 Union members are entitled to be represented by their union at every stage of this process. Employees who are not union members may also choose to be represented. Each party shall recognise the other s representative for all purposes involved with the resolution of the dispute If a dispute arises about this Agreement, the NES (including subsections 65(5) or 76(4) of the Act), Occupational Health and Safety, or about any other matter or legislation pertaining to the employment relationship, the parties will attempt to resolve the dispute in a timely manner by discussions at the workplace in accordance with the following procedure: Initially discussions will take place between the employee, or employees concerned, the Union delegate, and the relevant supervisor or management representative If the dispute is not resolved as a result of those discussions the matter shall be referred to the Union s Organiser and a more senior management representative for further discussion. Moorabbin Carpet Choice Page 12 of 44

15 In the event that the dispute remains unresolved further discussions shall take place between an appropriate senior official of the union and management representative If the matter cannot be resolved by discussions in the workplace a party may refer the dispute to Fair Work Australia for resolution by conciliation, or arbitration if necessary If a party is represented by a Union representative, or other representative, who is not present in the workplace, discussions in relation to the issue in dispute will not proceed until the Union representative, or other representative, is able to attend At any stage in the procedure either party or their representative may ask for, and be entitled to receive, a response from the other party or their chosen representative within 2 working days, if a response is not received the matter may be referred directly to Fair Work Australia Fair Work Australia may exercise such powers in relation to conciliation and arbitration as are necessary to make the conciliation or arbitration effective including all of the powers given to Fair Work Australia by the Fair Work Act The parties to the dispute and their representatives must act in good faith in relation to the dispute While this dispute settlement procedure is being followed, except where a genuine occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the subject matter of the grievance or dispute occurring will not be altered. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause Each party will bear their own costs in relation to any proceedings which result from the application of this dispute resolution procedure No employee will lose any income as a result of being involved in attempts to resolve disputes under this procedure. Union delegates will be granted paid leave to attend any proceedings arising under this clause The decision of Fair Work Australia in an arbitration under this procedure may be appealed to a Full Bench of Fair Work Australia Subject to a stay order or decision on Appeal, the parties to the dispute shall be bound by and must comply with a decision of Fair Work Australia made pursuant to this clause Consent to Conciliation in certain circumstances The Union and the Employer agree that if: the employment of an employee is terminated, in accordance with this agreement, or otherwise, and the employee makes an application to Fair Work Australia under the Fair Work Act 2009; or Moorabbin Carpet Choice Page 13 of 44

16 either the employer or the Union alleges that a breach of the Workplace Rights set out in Part 3-1 of the Act has occurred, then the employer or the Union will consent to conciliation by Fair Work Australia, including conciliation in person in lieu of telephone conciliation in the first instance, if either the Employer or the Union requests it. Moorabbin Carpet Choice Page 14 of 44

17 SECTION 3 WAGES/ALLOWANCES AND RELATED MATTERS 15. WAGE INCREASES 15.1 It is agreed that employees will receive a wage increase of 4.5% payable on the following dates as indicated:- 1 May 2011 = 4.5% 15.2 The percentage increases payable under sub-clause 15.1 will be paid to each individual employee based on his or her EBA rate for ordinary hours. This EBA will be read in conjunction with the previous EBAs The percentage increases in sub-clause 15.1 mean that the minimum rate of pay will be as set out in clause 18. These rates will henceforth be referred to as the minimum enterprise rates except for employees covered by the terms and conditions contained in clause It is agreed that the parties to this Agreement will abide by the terms of any Safety Net Review Decision handed down by Fair Work Australia and/or any adjustments to the minimum wage recommended by Fair Work Australia No employee will have his or her rate of pay reduced by operation of this Agreement. All wage increases provided for in sub-clause 15.1 will be actual ordinary rates payable to employees If from time to time, an employee performs work which is not adequately described by the job definitions and indicative tasks set out in the Award, but is described by the job descriptions and indicative tasks set out in any other award, that employee will not receive a minimum ordinary weekly wage which is less than the prescribed minimum for the appropriate classification in the other award. 16. STARTING ON SITE/TRAVELLING ALLOWANCE (a) Floor layers may be required to start and cease work on site within the agreed zone. An employee will not be required to travel directly to a job outside of a radius of 40 kilometres from the GPO Melbourne. (b) All employees required to work on site will be paid a travelling allowance of $32.35 per day. Moorabbin Carpet Choice Page 15 of 44

18 (c) (d) The company will reimburse employees required to undertake such travel for legitimate associated costs such as parking costs, tolls, etc. Time spent by employees required to travel beyond the agreed zone outside of normal hours of work will be counted as time worked and paid at the appropriate overtime rate as contained in the award and will attract the travel allowance. 17. APPRENTICESHIPS/LABOUR SHORTAGE 17.1 Apprentices will be paid the following rates: WEEKLY WAGE RATES APPRENTICES % of adult weekly rate for Tradesperson Level 1 ($663.60) FOUR YEAR TERM Weekly Rate Hourly Rate $ $ 1 st Year 42% nd Year 55% rd Year 75% th Year 88% The above rates will change in accordance with the decision of Fair Work Australia s Annual Wage Review 17.3 Within six months of signing this Agreement; (a) The parties agree to put together a working party made up of industry representatives to address the issue of apprenticeships and labour shortages. (b) By the 1 February 2012 companies will be in a position to employ at least 1 apprentice at a minimum ratio of 1 apprentice to 4 trades people. (c) This clause applies to all companies who employ a minimum of 4 trades people. 18. MINIMUM ENTERPRISE RATES 18.1 Level 1 Furniture Tradesperson Accredited Carpet & Vinyl Installer Pre 1 May 2011 $ ($34.56 per hour) From 1 May % $ ($36.11 per hour) Moorabbin Carpet Choice Page 16 of 44

19 18.2 Carpet Cutter/Warehouse Storeman A carpet cutter/warehouse storeman is someone who predominately works as a carpet cutter within the warehouse/storeroom but can on occasions perform limited non trades work such as Floor Preparation which is a non tradesperson capable of testing (wood and concrete), sanding (rough and fine), polishing, grinding, levelling and sealing floors. Workers in this classification work 38 hours per week as stated in the Building & Construction General On-Site Award Classification Pre 1/5/2011 From 1/5/2011 Class 3 $ ($26.86 per hour) Class 2 $ ($22.93 per hour) Class 1 $ ($20.55 per hour) $ ($28.07 per hour) $ ($23.96 per hour) $ ($21.47 per hour) 19. SUPPLY AND INSURANCE OF TOOLS 19.1 The employer will provide necessary tools of the trade to all employees, and to apprentices in the first year of employment, and these tools for apprentices will become the property of the employee once training is completed. Where, by agreement employees are required to provide tools, they will be paid an allowance of $12.00 per week for maintenance and replacement of tools and will be responsible for maintaining in good order and condition a kit of tools necessary for the performance of their duties The employer will insure tools against loss by theft up to a maximum of $1, and provide lock up facilities for tools The company will supply all employees smoothedge and adhesives. 20. SITE ALLOWANCES 20.1 The terms of Appendix A of this Agreement will govern the payment of all site allowances. Moorabbin Carpet Choice Page 17 of 44

20 SECTION 4 HOURS OF WORK 21. NATIONAL STANDARDS This Agreement will not operate so as to cause any employee to suffer a reduction in ordinary time earnings or in national standards, such as national standard hours of work (38), annual leave or long service leave or any other standard which has been established by Fair Work Australia (FWA). 22. HOURS OF WORK, ROSTERED DAYS OFF, PRODUCTIVITY LEISURE DAYS AND PROTECTION OF LEISURE TIME 22.1 Hours of Work To allow for the more flexible use of workforce and equipment over the available daylight hours, the ordinary daily hours may be worked between the hours of 6am and 6pm. The arrangements for alteration of start and finish times will be agreed by the parties to this Agreement to enable later starts in winter and earlier starts during some months of summer and during expected periods of inclement weather. The parties agree that, in the case of special circumstances arising, the employer may seek negotiations with the Unions concerning further variation of the hours of work provisions on a specific project or process Rostered Days Off (RDOs) Employees will receive 26 RDOs per year. The schedule of 26 RDOs to be observed each year will generally be in accordance with the calendar produced jointly by the CFMEU and Master Builders Association for each year of this Agreement. Where necessary the employer may, with the agreement of a majority of workers, allocate work for some or all of the workforce to be done on a scheduled RDO provided that: Where agreement is reached, the Union is to be notified in writing by the employer at least seven (7) days prior to the scheduled RDO. Such work will be paid for at ordinary time rates of pay. The untaken RDO will be re-scheduled to another day falling within four weeks of the originally scheduled day. The re-scheduled RDOs will be taken on a day or days adjacent to a weekend or in conjunction with annual leave, or as otherwise agreed by the worker/s and employer. Moorabbin Carpet Choice Page 18 of 44

21 Details of untaken RDOs will be entered on to each employee s employment records. (c) Guidelines for RDOs and PLDs 1. RDOs are to be fixed days as currently operating. The Award/EBA and previous EBAs describe the procedure for the working of the site on these days. It is agreed that employers have the ability to work on these days in accordance with these procedures. 2. The additional days not attached to fixed long weekends and not within the Christmas shutdown, can be changed by agreement between the parties (or their representatives) on a project by project basis, provided that the substitute day is taken within a month. This can apply to either the whole site or part of the site. 3. The procedure for working Saturday or Sunday of fixed long weekends will be in accordance with practice outlined in previous EBAs. 4. The hourly rate divisor will be 36 hours per week. Moorabbin Carpet Choice Page 19 of 44

22 SECTION 5 LEAVE PROVISIONS & INDIVIDUAL FLEXIBILITY TERM 23. PARENTAL LEAVE An employee with at least twelve months continuous service with the employer will be entitled to parental leave as follows: Maternity Leave Up to 52 weeks provided that such leave will not extend beyond the child s first birthday The period of leave will be unbroken and will, immediately following confinement, include a compulsory period of six weeks paid leave Paternity Leave Up to 52 weeks, in one or two periods provided that one of those periods is an unbroken period of one week s paid leave taken at the time of confinement of his spouse Adoption Leave Up to 52 weeks, in one or two periods provided that for a female, one of those periods is an unbroken period of three weeks paid leave and for a male, one of those periods is an unbroken period of one week s paid leave Individual Flexibility Arrangements Employee Representation Union members are entitled to be represented by their union at every stage of this process. Employees who are not union members may also choose to be represented. If an employee has nominated the Union, or another person, as their representative, the union or other person must be given a reasonable opportunity to participate in negotiations or discussions regarding the proposed making, variation or termination of a flexibility arrangement. Participation by the Union or any other representative does not mean that their consent is required prior to reaching agreement in relation to a flexibility arrangement. Moorabbin Carpet Choice Page 20 of 44

23 Agreed Flexibilities An employer and an individual employee may agree to an arrangement which varies the effect of certain terms of this Agreement to meet the genuine individual needs of the employer and the individual employee. The terms of this Agreement which the employer and the individual employee may arrange to vary the effect of are listed below: Pay out of personal leave, as long as the arrangement does not result in the employee s remaining accrued entitlement to personal leave being less than 15 days and the employee is paid at least the amount that they would have been paid if they had taken the leave which is cashed out The employer and the individual employee must have genuinely agreed to the arrangement without coercion or duress. The Employer and individual employee must act in good faith in any discussions or negotiations in relation to an individual flexibility arrangement The arrangement between the employer and the individual employee must: (a) (b) (c) (d) (e) (f) (g) (h) (i) only be about one or more of the terms listed in clause ; and result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to; be about matters that would be permitted matters if the arrangement were included in this enterprise agreement; and not include a term that would be an unlawful term if the arrangement were included in this enterprise agreement; be in writing, name the parties to the arrangement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee s parent or guardian; set out each term of this Agreement that the employer and the individual employee have agreed to vary the effect of; set out how the effect of each term has been varied by the arrangement. set out how the arrangement results in the individual employee being better off overall in relation to the individual employee s terms and conditions of employment; and state the date the arrangement commences to operate The employer is responsible for ensuring that all of the requirements of clause are met The employer must give the individual employee a copy of the arrangement within 14 days of reaching agreement and keep the agreement as a time and wages record. Moorabbin Carpet Choice Page 21 of 44

24 Except as provided in clause (e) the agreement must not require the approval or consent of a person other than the employer and the individual employee An employer seeking to enter into an arrangement must provide a written proposal to the employee. Where the employee s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal The arrangement may be terminated: (a) (b) by the employer or the individual employee giving 28 days notice of termination, in writing, to the other party (if the individual employee was represented in negotiating the arrangement the union or other representative, must also be given notice of its proposed termination); or at any time, by written agreement between the employer and the individual employee Additional Safeguards (a) (b) (c) (d) Where the employer initiates discussion in relation to any individual flexibility arrangement that is intended to remain in place for a period longer than 30 days the employer must inform the Union covered by this Agreement in writing. When advising the Union of its intention to initiate discussions in relation to a flexibility arrangement the employer must: (i) (ii) Include details of the terms of the agreement and the classifications of employees which are proposed to be the subject of the arrangement Not disclose the name of any employee who will be the subject of the arrangement without the consent of the employee. Union involvement in this process does not mean that the consent of the union is required prior to reaching agreement in relation to a flexibility arrangement. The employer must provide copies of all flexibility arrangements made under this Agreement to the Union covered by this Agreement. The operation of this clause is intended to exclude the operation of the individual flexibility arrangement provision included in clause 7 of the Building and Construction on-site Award 2010 which applies in conjunction with this Agreement. 24. PORTABLE LONG SERVICE LEAVE 24.1(a) The employer will enrol all employees covered by this Agreement into Secure Employees Entitlement Trust (SEET), or another Fund agreed to by the parties, which will hold the employee/s long service leave entitlement. Moorabbin Carpet Choice Page 22 of 44

25 24.1(b) The employer will make monthly contributions in respect of each employee to the Fund of the amount specified in the Trust Deed of the Trust approved by the Union in clause 24.1(a). 24.1(c) If there is no amount(s) specified in the Trust Deed referred to in 24.1(b), the employer will make monthly contributions to the Fund at a rate of 2.1% of the employees gross weekly wage x 4 or 5, depending on the month. 24.1(d) From the date of this Agreement, employees will accrue long service leave at the rate of 1.3 weeks for each year of service in the industry. The entitlement to take long service leave occurs after 10 years of service in the industry. Employees are able to apply to take a pro-rata allocation of long service leave when they have completed a minimum of 7 years of service in the industry. Payment of pro-rata leave or termination, other than redundancy, is available on the same basis as the taking of pro-rata leave. 24.1(e) For the sake of clarity, the new entitlement commences at the date of this Agreement. There is no retrospectivity Entitlements accrued prior to this date will be calculated on arrangements which existed prior to the date of this Agreement. 25. PICNIC DAY 25.1 All employees are entitled to an unpaid picnic day, on the first Monday in December each year. Moorabbin Carpet Choice Page 23 of 44

26 SECTION 6 OCCUPATIONAL HEALTH AND SAFETY 26. CLOTHING AND EQUIPMENT 26.1 Equipment Employees when performing work referred to in this subclause, will wear the equipment provided for their protection All employees will be initially provided with one pair of safety boots or shoes, two pairs of overalls, a suitable protective jacket and sunglasses with the employer bearing the full cost of standard use. If, during the first year of issue the footwear wears out, a second pair may be issued. In subsequent years, there will be an annual issue of one pair of footwear, one pair of overalls and one protective jacket to be made at the employer's expense provided that the worn out items are returned by the employees as evidence that replacement issue is warranted save that a second pair of overalls and/or footwear may be issued in any given year if the existing overalls and/or footwear wear out before the expiry of such year Footwear or overalls required in excess of the above quantities will be at the employee's expense. Such safety boots/shoes provided by the employer will wherever practicable be of a type approved as meeting S.A.A. requirements Z3 of Z2 of 1968, or as amended Jackets, overalls, safety boots/shoes and sunglasses are to be issued on a Christmas to Christmas basis, or alternatively on a June to June basis. Other set periods for the re-supply of jackets, overalls, safety boots/shoes and sunglasses may be arranged by agreement between the parties Laundering and upkeep of protective clothing will be the responsibility of employees who will be expected to maintain them in good condition and take reasonable care of such clothing The employer will observe a probationary period of three months' employment before the issue of protective clothing, unless payment is made by the employee for standard issue clothing issued prior to the completion of the first three months' employment; such payment to be refunded to the employee upon the satisfactory completion of three months' service. Such issue will be considered to be the initial issues as from the time of issue The wearing of protective clothing provided by the employer will be a condition of employment except in special cases where individual physical disabilities preclude wearing a standard issue The parties agree that where a worker is required to work on a site(s), the employer will be required to meet any site agreement requirements relating to additional issues of clothing and/or safety equipment. There will be no double dipping or continuous additional issue, but in such circumstances, there should be a topping-up of such items subject to fair wear and tear. Moorabbin Carpet Choice Page 24 of 44

27 27. AMENITIES 27.1 Accommodation and Conveniences The employer will supply for the use of his/her employees the following:- (a) (b) (c) (d) (e) At rest period and at meal times, an adequate and proper supply of boiling water in clean receptacles. Tea or coffee, milk and sugar will be provided by the employer at prescribed rest period and meal breaks. A sufficient supply of wholesome, cool drinking water. At some reasonably convenient place in his/her establishment, suitable locker for each employee. An enclosed dining room with adequate table and seating accommodation therein. A suitable rest room in each factory, shop workroom or place First Aid The employer will appoint an employee who holds a current First Aid certificate and who is covered by this Agreement as first aid attendant. Any first aid chest, box or cupboard provided by the employer will be in control of that employee and his/her name will be made known throughout the establishment in which he/she is employed and will be inscribed on the first aid chest, box or cupboard Accidents All work covered by this Agreement will be done in a factory, shop or place duly registered under the laws of the State but this will not prevent the employer bound by this Agreement sending an employee from the factory, shop or place to any building or shop for the purposes of repairing, completing, fitting or fixing any work covered by this Agreement. 28. ANTI-BULLYING & HARASSMENT Health and Safety and Workplace Bullying 28.1 An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health. Moorabbin Carpet Choice Page 25 of 44

28 28.2 The Employer must take all reasonably practicable steps to prevent and stop workplace bullying Preventative measures will include but are not limited to: The development of a workplace bullying policy Workplace training on what constitutes bullying, how to report bullying and how to respond to bullying 28.4 To help maintain a healthy and safe workplace the Employer must adhere to the following obligations in responding to any allegations of workplace bullying: Treat all complaints seriously and on their merits Consult all relevant parties to a complaint Remain impartial Act quickly to deal with any complaints including conducting a fair, proper, impartial investigation Keep records of all investigations and meetings Provide adequate support to victims in any meetings or investigation process (eg OHS rep, union rep or any other support person of their choice) Outline the reasons and timeline of any process to be taken Moorabbin Carpet Choice Page 26 of 44

29 SECTION 7 SUPERANNUATION, TRAVEL INSURANCE & REDUNDANCY 29. SUPERANNUATION AGREEMENT 29.1 Definitions In this clause the following definitions will apply: "Fund" will mean the Construction and Building Unions' Superannuation Fund, as amended from time to time, and includes any superannuation fund which may be made in succession thereto "Ordinary time earnings" will mean the actual rate of pay an employee receives for ordinary hours of work. This includes the employee's award classification rate, any excess payment, supplementary payment and the following payments when they are made to the employee. Any overaward payment, tool allowance, laundry allowance, industry/disability allowance, shift loading, leading hand allowance, casual rates for ordinary hours of work The company will become a participating employer of (the Fund) and will participate in accordance with the Fund Trust Deed The company will be, and remain during the life of this Agreement, a participating employer in the Construction and Building Unions Superannuation Scheme (C+BUS). No employee will commence employment unless he/she is a registered worker in the C+BUS Scheme. The level of contributions paid on behalf of each employee will be as follows: Prior to 1 July $ per week On 1 July $ per week The above contribution rates do not limit an employer s liability under the Superannuation Guarantee Charge Act 1992 (SGC) The company will provide each worker upon commencement of employment, membership forms of (the Fund) and will forward the completed membership form to the (the Fund) within 14 days (a) An employee may make contributions to the Fund as specified in addition to those made by the company under subclause (b) An employee who wishes to make additional contributions must authorise the company in writing to pay into the Fund, from the employee's wages, a specified amount in accordance with the Fund trust deed and rules. Moorabbin Carpet Choice Page 27 of 44

30 (c) (d) When the company receives written authorisation from the employee, it will commence making payments into the Fund on behalf of the employee within 14 days of receipt of the authorisation. An employee may vary his or her additional contributions by a written authorisation and the company must alter the additional contributions within 14 days of receipt of the authorisation Additional employee contributions to the fund requested under this subclause will be expressed in whole dollars. 30. INCOLINK During the life of this Agreement the company will remain, a participating employer in the Redundancy Payment Central Fund Ltd (Incolink Fund No.2). Accordingly, the Company will ensure that all employees will be enrolled in the Fund and be entitled to redundancy benefits in accordance with its terms. 31. TRAVEL INSURANCE/WORKERS COMPENSATION/INCOME PROTECTION The employer will ensure all employees covered by this Agreement are enrolled in the FFTS Income Protection Insurance Plan or such other plan nominated and agreed to by the parties. The employer agrees to all elements of the plan as outlined in the policy document, including that the names of any new or perspective employees will be forwarded directly to the Administrators of the Plan and not to the Union. The employer will ensure that all employees, including persons on regular daily hire, are provided with 100% of their weekly base rate of pay up to a maximum of $ per week. The insurance cover will include, but is not limited to: - Weekly Benefits (a) 24 Hour, 365 days a year for Accident & Sickness (b) WorkCover Top Up (c) T.A.C. Top Up Capital Benefits (a) Capital Sum and Lump Sum Benefits as per approved Schedule (b) Funeral Benefit Rehabilitation Benefit The cost of the insurance as stated in the policy schedule (including all statutory charges and administration fees) will be borne by the employer. Moorabbin Carpet Choice Page 28 of 44

31 The cover provided under the standard policy of insurance covers an insured person 24 hours a day, 365 days a year. As a consequence, the premium (which is expressed as a percentage (%) of Earnings) is to be applied to the employee s base rate of pay as defined in the policy schedule. In the event that the premium is calculated as an Annual Premium payable weekly, the premium Paid will apply to every week the employee is employed by the employer which will include the period the employee is on annual leave or sick leave. The Employer agrees to pay the premium monthly (or on a 4 or 5 week cycle), no later than the 15 th day of the month following the period covered by the prior declaration of employees covered under the policy. The declaration of employees will include all current and new employees covered under this Agreement for the period covered by the declaration. In the event that the employer fails to enrol an employee/s, is tardy in the enrolment of employees, or does not maintain the above policy, the employer will be totally liable (after fulfilling the premium obligation to the insurer) to pay full wages for up to the 104- week period and/or equivalent benefits to the employee/s. 32. REDUNDANCY AGREEMENT 32.1 This clause is designed to encompass the sole issue of Redundancy For the purpose of this Agreement, Redundancy will be defined as an "excess of employees over current work requirements" Prior to Redundancy taking place, the employer will notify the Union and the affected employees and commence discussions with the Union and affected employees, as early as possible, prior to employees being advised of their termination due to redundancy Employees who have been engaged on a temporary, casual or short-term basis, and have been advised of such arrangement at the time of employment will not come under the terms of this Agreement Any employee who finds an alternative position during the Notice of Termination period may, with the consent of the Company, terminate his or her employment prior to the expiry of the period of notice, without forfeiting the entitlement to Redundancy compensation. The Employer's consent in such circumstances will not be unreasonably withheld The provisions of this Agreement will not apply to employees who are dismissed for reasons other than redundancy or those employees who elect to terminate the employment relationship. Moorabbin Carpet Choice Page 29 of 44