Labour Management Agreement

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The Labour Management Agreement 2011-2013 for Building and construction Industry is an accord between employers and Unions, which was established February 17, 2011. The Labour Management Agreement comprises of two parts, a schedule of rates and fifteen guidelines.

Part one of this agreement consisting of clauses 1 and 2 speaks of the rates of pay and the terms of wage agreements. The rates of pay per 8-hour day are depicted in a schedule. In the schedule the rates are categorized. Some categories have one rate, however, there are some categories with two even three rates. The reason for these categories with two and three rates is to show the difference in rates for the different levels (grades) for the categories. Part one of the agreement also states that in the schedule of these rates where it shows a percentage increase of 10% and 5% during the period of February 1, 2011 to January 31, 2012 and February 1, 2012 to January 31, 2013 respectively, is applied to work carried out by task and paid for on a measurement basis. As for the rates of pay and terms and conditions of employment made by the Labour Management Agreement, the building and construction industry workers are not permitted to request any increase in their emolument or for any modification to the terms and conditions of their employment until January 31, 2013. However, if there are any claims to be made, they should be done by October 31, 2012.

The second part of the Labour Management Agreement consists of clauses 3- 48, and has to do with the permanent provisions of the workers. These provisions entail management functions, functions of the Unions, premiums, grievance procedures and more.

Clauses 3 and 6 mention the functions of management and the Unions respectively. Clause 3 states that the employers have the authority to regulate their operation however they feel is best. As for clause 6 the unions have to exercise their functions as according to The Trade Union Principles and Practices.

Clauses 9-18, 23, 36, 37, 40, 44 and 45 deals with the provisions of premiums; workers are entitled to different premiums at different rates as according to the different level of risks that are involved, how far away the travel to work and also if they are asked to work extra hours, weekends or on holidays. There are approximately fifteen different premiums in this agreement. They are: overtime (clause 9), public holidays not worked (clause 10), public holidays worked (clause 11), height pay (clause 12), death pay (clause 13), working in water pay (clause 14), over water pay (clause 15), subsistence allowance (clause 16), height premium (clause 17), leader’s rate (clause 18), end of project bonus (clause 23), overtime meal allowance (clause 36), pipe work (clause 37), travelling allowance (clause 40), heat premium (clause 44) and system builders (clause 45). Clauses 16 and 40 subsistence allowance and travelling allowance respectively; deal with the distance away from home for the workers. The difference between the two is that clause 16 it is stated that the workers are paid the premium rate if he cannot return home or if required to stay overnight. Whereas, clause 40 the premium rate is entitled to the workers to facilitate his expense to travel home.

Clause 4- Classification of workers, addresses the rate of pay schedule as according to how it is divided into levels (grades). The employer has the authority to determine the workers’ skills as well as their level (grade); whether it is level 1 (grade3), level 2 (grade 2), level 3 (grade 1).

Clause 5- Fair wages clause for task workers, expresses that wage rates should be reasonable for workers carrying out work by task that is paid for on a measurement basis , as it is for the regular 8-hour per day workers. Therefore, keen observation as well as proper booking should be kept. Also it is said that the Unions holding bargaining rights are allowed to possess personal information of the...
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