AN160142 – Gold Mining Engineering and Maintenance Award

5A. - STRUCTURAL EFFICIENCY AND AWARD MODERNISATION

(1) Arising out of the decision of the State Wage Case on the 8th of September 1989 and in consideration of the wage increases resulting from the first Structural Efficiency adjustment operative from the commencement of the first pay period beginning on or after the 20th of April 1990, employees are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

(2) The parties to this award are committed to implementing a new wage and classification structure. In making this commitment, the parties -

(a) accept in principle that the descriptions of job functions within a new structure will be more broadly based and generic in nature;

(b) undertake that upon variation of the award to implement a new wage and classification structure, employees may undertake training for a wider range of duties and/or access to higher levels in accordance with the definitions and training standards laid down in the award variation relating to a new classification structure;

(c) will co-operate in the transition from the existing classification structure to the proposed new structure to ensure that the transition takes place in an orderly manner without creating false expectations or disputation.

(3) In the event that there is a claim for reclassification by an existing employee to a higher level under any new structure on the grounds that the employee possesses equivalent skill and knowledge gained through on-the-job experience or on any other grounds, the following principles apply:

(a) The parties agree that the existing award disputes avoidance procedure shall be followed.

(b) Agreed competency standards shall be established by the parties in conjunction with T.A.F.E. and S.E.S.D.A. (when operative) for all levels in any new classification before any claims for reclassification are processed.

(c) An agreed authority such as T.A.F.E or S.E.S.D.A. or agreed accreditation authority (when operative) shall test the validity of an employee's claim for reclassification.

(4) Reclassification to any higher level shall be contingent upon such additional work being available and required to be performed by the employer.

(5) Current employees, whose existing wage rates are rationalised as a consequence of award restructuring, will remain paid at such rates and shall continue to receive wages increases appropriate to their current rates of pay on the following conditions:

(a) Employees are obliged to work within their current classification and may be required to use any lower classification skills which they hold or are trained in;

(b) Will retain their grade when retraining in another area of the operation (i.e. multi-skilled employees will not be disadvantaged).

(6) Award Modernisation:

(a) The parties are committed to modernising the terms of the award and to addressing issues associated with training.

(b) The parties will discuss all matters raised which may lead to increased flexibility and the removal of obsolete conditions to better reflect the realities of modern industry practices and assist the restructuring process. Any such discussion with the Unions shall be on the premise that:-

(i) The majority of employees at the enterprise must genuinely agree;

(ii) No employee will lose income as a result of the change;

(iii) The Unions must be party to the agreement, particularly where enterprise level discussions are considering matters requiring variations to the award;

(iv) Agreements will be ratified by the Commission;

(v) If agreement can not be reached in the implementation process of a particular issue, the matter will be resolved in accordance with an agreed disputes procedure.

(c) Should an agreement be reached pursuant to paragraph (b) hereof and that agreement requires variation of the award, the parties shall support such award variation.

(d) There shall not be limitations placed on any award matter raised for discussion however any changes sought shall not affect award provisions reflecting national standards recognised by the Western Australian Industrial Relations Commission.