Floor coverings Agreement 1997 - Key Points

1. The agreement applies to both subcontractors and employees involved in vinyl floor laying.
2. There is to be 15% rate increase in three stages (Appendix A). This was the most difficult aspect of the negotiations and is against a backround of increases other then CPI, for some years. The rates schedule has been slightly rearranged to make it easier to follow.
3. An industry code of conduct has been introduced (Appendix D). Which requires both layers and companies to meet indusrty standards. The code should be studied carfeully; amongst other things it requires layers to:
1. Promote the interests of the trade and company,
2. Wear uniform (clean and tidy at the start of work)
3. Comply with OH&S statues and codes and use safety equipment
4. Meet standards, schedules and safety poilices, aim for zero defects, complete documentation, report complaints and client requests, and, certify their work standard.
5. Accept equitable scheduling on basis "next available job for next available year"
6. Not take unscheduled time off and give reasonable notice if unavailable for work
7. Carry out work in good faith and take work away from company, nor improperly use knowledge about company and its products procedures etc.
8. Accept that breaches of the code may lead to warnigns or no further allocation of work
9. Provide and maintain the tools listed in Appexure I to Appendix D, as a minimum.
4. The agreement continues until 30/9/97 (Clause 5). It has simple disputes procedure (Clause 6) which companies should ensure is followed.
5. Superanuation has been considerably increased (Clause 9a). This is partly because there is no redundency provision for floor layers. It should be noted that on 1/7/98 the superanuation Guarentee levy increases to 7% and the amount paid under the agreement will not be a great deal more than the legal minimum for many layers. If layers work less than 5 days in a week, daily amounts are specified.
6. Top-Up/24 Hour Income Accident Protection Insurance is provided (Clause 9b). A scale of clothing is provided (Clause 9c) which must be worn.
7. If a head contractor has a productivity allowance applying to all persons of the project, it will be paid to layers (Clause 10). Companies should check this requirement at the time of tendering.
8. There will be no extra claims during the life of the agreement (Clause 11); it is important that members advise the Association if this undertaking is broken. A drugs and alcohol policy is implemented (Clause 12); this is a simplified version of the policy the union usually seeks.
9. Apprentice rates and conditions are set out in (Clause 15). Union picnic day is to be observed (Clause 16)
10. "Improving productivity concessions" by the union (Clause 17) include payment by electronic funds transfer and an extension of the spread hours for ordinary work. A 50% loading applies to work outside the spread of hours, but only if the layer is required by the company to work outside ordinary hours. For employees there is flexibility in regard to taking the RDO's. There is an obligation for consultation, with a Monotering Commitee being formed where appropriate and meeting every six months.
11. Additional conditions (Clause 19) deals with scaffolding for wall cladding, rubbish removal, delivery of material and industry OH&S issues. Also, it establishes an industry commitee to look at remaining anomalies in the argreement regarding room sizes, cost of tagging electrical leads, etc (these were issues threatening to drag negotiations on for months).
12. Pyramid sub contracting and cash in hand payments are prohibited (Clause 20) but the agreement does not prevent a company from subcontracting any excess work to another company which is bound by the agreement, or subcontrating specialist work to any other company.
13. Companies paying in excess of the new agreement rates shall absorb increases arising from the agreement untill the agreement rates are equal or exceed the current rates (Clause 21).
14. In regard to insurance, public risk is to be covered by the company (Clause 23) and workers compensation is to be provided (Clause 24), with obligations on layers to report injuries when they occur. Companies and layers have an obligation to register with the Long Service Payments Corporation (Clause 25).
15. The Association will pay for three layer representatives to each attend up to six hours of meetings per year, so that the agreement can be monitored and problems resolved (Clause 28).