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New South Wales Industrial Relations Commission
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ARMAGUARD NSW (CLERICAL & ADMINISTRATIVE) ENTERPRISE AWARD 2000-2002
  
Date11/30/2001
Volume329
Part5
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C0451
CategoryAward
Award Code 4242  
Date Posted12/13/2001

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(4242)

SERIAL C0451

 

ARMAGUARD NSW (CLERICAL & ADMINISTRATIVE) ENTERPRISE

AWARD 2000-2002

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Mayne Nickless Limited trading as Armaguard.

 

(No. IRC 1377 of 2001)

 

The Honourable Justice Glynn

9 March 2001

 

AWARD

 

TABLE OF CONTENTS

 

Subject

Clause

Anti-Discrimination

30

Appraisal System

24

Bonus

10

Casual & Part-time Employees

15

Classification Structure

11

Code of Conduct

8

Commencement & Duration

27

Confidentiality

26

Declaration

28

Definition

5

Disputes Settlement

7

Duress

4

Electronic Funds Transfer of Wages

22

Higher Duties

19

Hours

12

Incidence

3

Leave Reserved

29

Meal Allowance

18

Meal Break

17

New Technology & Work Systems

21

Overtime

16

Parties to the Award

1

Relationship to Parent Award

6

Split Shifts

13

Sundays & Holidays

14

Terms of Engagement

20

Time Off In Lieu of Payment for Overtime

25

Title of Award

2

Training

23

Wage Rates

9

 

 

1.  PARTIES

 

The parties to this Enterprise Award are Mayne Nickless Limited trading as Mayne Logistics, Armaguard, ACN 004 073 410  (the Company) in New South Wales, the Federated Clerks’ Union of Australia (NSW Branch)  (the Union) and the employees of the company employed in the classification of Clerks and Tellers and associated employees defined by the Clerical and Administrative Employees (State) Award.

 

2.  TITLE

 

This Enterprise Award shall be known as the Armaguard NSW (Clerical & Administrative) Enterprise Award 2000-2002.

 

3.  INCIDENCE

 

This Enterprise Award shall apply to the classifications of clerks, tellers and associated employees of Armaguard within NSW.

 

4.  DURESS

 

The parties to this Enterprise Award state that it was not entered into under any duress from any party.

 

5.  DEFINITION

 

"Probation" means an initial set period of time (a maximum of three (3) months) immediately after commencement of employment, in a particular classification, during which the employee’s conduct and work performance can be assessed.

 

In extenuating circumstances, probation may be extended by a further 6 weeks to allow the completion of the training program. 

 

6.  RELATIONSHIP TO PARENT AWARD

 

a)         This Award shall be read in conjunction with the Clerical & Administrative Employees (State) Award. This Award shall prevail to the extent of any inconsistency between it and the Clerical & Administrative (State) Award. Where this Award is silent on any matter then the prevailing provisions in the Clerical and Administrative (State) Award shall apply.

 

7.  DISPUTES SETTLEMENT

 

It is agreed that the provision of uninterrupted quality service to clients is of paramount importance in the long-term benefit for both the company and the employees.

 

All parties agree to abide by the following guidelines in the resolution of any dispute:

 

*          Any contentious matter/issue will be discussed at the enterprise level between management and the job delegate.  Grievances will be responded to as soon as practicable

 

*          If these discussions do not resolve the dispute then the local organiser will become involved

 

*          If this still does not lead to resolution of outstanding matters, then officers from the Union and the Company shall become involved, and if necessary, the matter may be referred to the NSW Industrial Relations Commission.  Any decision by the Commission shall be accepted by the parties as final, subject to any appeal process, which may be instituted by either party.

 

*          Pending the resolution of any matter in accordance with the above procedure, work shall continue without disruption.  The circumstances which applied immediately prior to the dispute arising shall, as far as possible, apply until final resolution of the matter.

 

8.  CODE OF CONDUCT - POLICY

 

It is agreed that all employees shall abide by the Armaguard NSW Employee Code of Conduct, which shall be issued to all employees. (Annexure 1)

 

Any dispute over the application of this clause shall be dealt with in accordance with Clause 7, Disputes Settlement.

 

9.  WAGE RATES

 

The wage rates applicable for the duration of the Award will be as follows:

 

 

Grade

Payments on Operative Date

(16.03.01)

Payments On 12.11.2001

 

Permanent

$

Casual

$

Permanent

$

Casual

$

1

12.17

14.60

12.78

15.33

2

13.52

16.23

14.20

17.04

3

14.13

16.97

14.84

17.82

4

15.33

18.40

16.10

19.32

5

17.04

20.45

17.89

21.47

 

10.  BONUS

 

A Branch Performance Bonus will be paid in two (2) annual payments of 1.5% on the full implementation and achievement of measures.

 

The Branch Performance Bonus will be paid based on:

 

             BONUS  -

 

*          1.5% payable for performance improvement year ended 30.11.2001

*          1.5% payable on 30.11.2002

 

The payment will be calculated on last year’s actual earnings for the immediately preceding 12 months, less previously received bonus payment, rounded to the nearest ten (10) dollars.

 

BENCHMARK - For the purposes of setting the benchmark the period of the twelve months ended 30.11.2000 will be used.

 

MEASURES - The measures to be assessed will be the Processing Labour per Job.

 

PERFORMANCE IMPROVEMENT - The performance improvement required to initiate the bonus payment will be:

 

*          10% to the nearest whole percent as the minimum improvement over twelve (12) month period ended 30.11.2001 - 1.5%

*          maintenance of the initial improvement for average year ended 30.11.2002 1.5%.

 

Any negative impact on service to customers as a result of unauthorised withdrawal of labour or outside the steps detailed in Clause 6. Disputes Settlement will incur a 0.25% reduction in the bonus.

 

A committee will be established to review the branch performance and will be composed of the Branch Manager, a Branch Supervisor, the Delegate and Co-Delegate.  Monthly analysis of branch measures will occur to ensure that the improvements are on target.  (In the absence of a committee member, a nominated representative will be asked to attend).

 

The committee will agree on and set the benchmark for measurement at each individual branch.  Graphs and statistics will be updated by the branch manager, placed on notice boards and discussed at communication meetings.

 

Payments for employees who have moved between branches would be pro-rated on branch results and length of employment at each branch.  Transferred employees with less than 1 months service at the new Branch prior to the review date will be paid the bonus applicable to the previous Branch for the period of eligibility.  Employees with less than 3 months (12 weeks) service are ineligible for the bonus payment.

 

In the event of unforeseen or unusual circumstances preventing a branch from achieving a 12-month improvement figure, then improvements from the period in operation will be used to establish an appropriate bonus.

 

PAYMENT- Payment of the bonus will be made in the pay week preceding the pay week that Christmas Day falls.

 

11.  CLASSIFICATION STRUCTURE

 

 

GRADE

EXAMPLES OF POSITION TITLES

CHARACTERISTICS

OF THIS GRADE

1.

Entry Level Position

 

Clerical Assistant

-           The employee may work under direct supervision with              regular checking of progress.

-           An employee at this grade applies knowledge and              skills to a limited range of tasks.  The choice of              actions required is clear.

-           Usually work will be performed within established              routines, methods and procedures that are predictable,              and which may require the exercise of limited              discretion.

2.

Cash for Coin Processor

Enveloper

Deposit Processor

Bulk Packer

ATM Re-bank Processor

Coin Roller

Switch

Data input

-           The employee may work under routine supervision              with intermittent checking.

-           An employee at this grade applies knowledge and              skills to a range of tasks. The choice of actions              required is usually clear, with limited complexity in              the choice.

-           Work will be performed within established routines,              methods and procedures, which involve the exercise              of some discretion and minor decision making

3.

Clerk

 

Coin Processor / Teller

 

Discrepancy Clerk

-           The employee may work under limited supervision              with checking related to overall progress.

-           An employee at this grade may be responsible for the              work of others and may be required to co-ordinate              such work.

-           An employee at this grade applies knowledge with              depth in some areas and a broad range of skills.               Usually work will be performed within routines,              methods and procedures where some discretion and              judgment is required.

-           Assistant to Grade 4 or Grade 5 Clerk.

4.

Take-in-Teller/ Amalgamating Teller / Teller

 

ATM Teller

 

Administrative Officer

 

Reserve Bank Pool Teller

-           The employee may be required to work without              supervision with general guidance on progress and              outcomes sought.  Responsibility for the organisation              of the work of others may be involved.

-           An employee at this grade applies knowledge with              depth in some areas and a broad range of skills. There              is a wide range of tasks, and the range and choice of              actions required will usually be complex.

-           An employee at this grade applies competencies              usually applied within routines, method and              procedures where discretion and judgment is required,              for both self and others.

5.

NIA Branch Teller

Clerical and Administrative Officer

Branch ATM Controller

             Responsible and accountable for their own work.

-           Exercise initiative, discretion and judgment based on              their skills and knowledge.

-           The employee may be supervised by management and              may be responsible for the planning and organisation              of the work of others.

-           An employee at this grade applies knowledge with              substantial depth in some areas and a range of skills,              which may be varied or highly specific.  The              employee may receive assistance with specific              problems.

-           An employee at this grade applies knowledge and              skills independently and non-routinely. Judgment and              initiative are required.

-           Perform clerical and administrative duties using more              extensive range of skills and knowledge.

-           May be required to train other employees and              supervise other clerical staff.

 

Note: A review of the Classification Structure will be conducted by the Classification Committee and completed by the end of March 2001.

 

12.  HOURS

 

(a)        The ordinary hours of work shall be limited to eight hours on any one-day, Monday to Friday, inclusive, between the hours of 5am and 8pm.

 

The hours of work shall enable flexibility in the starting and finishing times within the spread of hours.

 

(b)        For work outside the span of hours, (Monday to Friday), a loading of 15% on the appropriate classification rate will be paid provided that work in excess of 8 hours on any shift will receive penalty rates of time and a half and double time as prescribed in Clause 16.

 

Examples of the application of the loading:

 

Start Time

Finish Time

Payment

a)   8pm

2am

Classification Rate + 15%

b)   6pm

12 midnight

6pm-8pm: Classification Rate

8pm-12midnight: Classification Rate + 15%

c)   8pm

4am

Classification Rate + 15%

d)   4pm

2am

4pm-8pm: Classification Rate

8pm-12midnight: Classification Rate + 15%

12midnight-2am:  Overtime Rate

e)   4am

10am

4am-5am: Classification Rate + 15%

5am-10am: Classification Rate

 

(c)        Saturday work for hours between 8am and 4.30pm will be paid at time and a half. All other time worked on Saturday will be paid in accordance with Clause 16 (a).

 

(d)        Generally, rosters will provide seven days notice of when employees are required to attend for work, although this may not be achievable in all instances. Shift duration and starting and finishing times are to be established at each Branch in consultation between the Branch Manager and the ASU Delegate.

 

(e)        Nominations for work outside the span of hours Monday to Friday and Saturday is voluntary.

 

13.  SPLIT SHIFTS

 

By mutual consent, split shifts for casual employees may be worked, provided there are at least seven hours worked on that day and one of the shifts is a minimum of four hours. When the cumulative periods worked exceed 8 hours on any day overtime payments are applicable as per Clause 16.

 

14.  SUNDAYS & HOLIDAYS

 

(a)        New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day, Christmas Day, Boxing Day and an additional day’s holiday to be observed pursuant to Sub-clause (ii) of this Clause and any other day gazetted as a public holiday for the State, shall be holidays for the purposes of this award.

 

(b)        In addition to the holidays specified in Sub-clause (a) of this Clause, an employee shall be entitled to one additional day as a holiday in each calendar year.  Such additional holiday shall be observed on the day when the majority of employees in an establishment observe a day as an additional holiday or on another day mutually agreed between the employer and employee.  The additional holiday is not cumulative and must be taken within each calendar year

 

(c)        Any dispute concerning the day on which an additional holiday is to be taken by an employee, may be referred to the Industrial Committee.

 

(d)        No deductions shall be made from the wages of weekly or part-time employees for the week in which any of the holidays, referred to in Sub-clause (a) of this Clause, fall.

 

(e)        For work done on any of the holidays referred to in Sub-clause (a) of this clause, double time and one-half shall be paid with a minimum payment for four hours’ work.

 

(f)         For work done on a Sunday double ordinary time with a minimum payment for four hours work shall be paid.

 

(g)        Where an employee is absent from the employee’s employment on the working day before or the working day after a public holiday without reasonable excuse, or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

 

15.  CASUAL & PART-TIME EMPLOYEES

 

(a)        Casual Employee

 

A casual employee shall mean an employee who is engaged and paid as such, and whose spread of ordinary hours shall be as set out in Clause 12, Hours, and whose rate of pay shall be calculated pursuant to Clause 9 Wage Rates and Clause 11, Classification Structure.

 

(b)        Part-time employee -

 

(i)         A part-time employee shall mean an adult employee who is employed to work regular days and regular hours, either of which are less than the number of days and hours worked by permanent clerical employees, but such days shall not be less than 2 per week and such hours shall not be less than 12 per week. 

 

(ii)        The spread of ordinary hours of work of part-time employees shall be as set out in Clause 12 Hours and their rate of pay shall be calculated pursuant to Clause 9 Wage Rates and Clause 11 Classification Structure.

 

(iii)       Notwithstanding anything elsewhere contained in this Award, the provisions of this Award with respect to annual leave, annual leave loading, sick leave, jury service, bereavement leave, maternity leave and holidays, shall apply to part-time employees on a pro rata basis for each employee in proportion to the normal ordinary hours worked by weekly clerical employees in the section or department in which the part-time employee is employed.

 

(iv)       Notwithstanding the provisions of this clause, the Union and an employer may agree, in writing, to observe other conditions in order to meet special clauses.

 

16.  OVERTIME

 

(a)        All time worked outside the ordinary hours of work prescribed by Clause 12, Hours, of this Enterprise Award, shall be overtime and shall be paid for at the rate of time and one-half for the first two hours and double time thereafter excepting where another rate is prescribed by this Award, provided that in computing overtime, each day’s work shall stand alone. In particular, overtime will be paid for specific periods of time at specific rates as follows:

 

Between 12 midnight Friday and 8am Saturday - double time.

Between 8am and 4.30pm Saturday - time and a half.

Between 4.30pm Saturday and 12 midnight Sunday - double time.

 

(b)        When overtime work is necessary, it shall wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.  An employee who works so much overtime between the termination of his/her ordinary rostered work on one day and the commencement of his/her ordinary rostered work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence.  If on the instruction of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she then shall be entitled to be absent until he/she has ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        This clause shall apply to casual employees and in such cases overtime shall be calculated on the casual rate of pay contained in this Enterprise Award.

 

(d)        Notwithstanding anything contained in Clause 12, Hours, of this Enterprise Award, employees whose fixed hours of employment are less than thirty-eight hours per week, may be worked without the payment of overtime up to two hours after the fixed finishing time on any one day, or not more than four days in any calendar month, or eight days in any two consecutive calendar months; provided that, in any case, an employee shall not be required to work more than nine hours in any one day nor more than thirty-eight hours in any one week without the payment of overtime; provided further that such nine hours shall be worked between 5am and 8pm Monday to Friday, inclusive.

 

(e)        In computing overtime, any portion of five (5) minutes shall be reckoned as five (5) minutes and thereafter in increments of five (5) minutes.

 

17.  MEAL BREAK

 

(a)        Employees whose ordinary working hours fall between 5am and 8pm, shall be allowed a meal break of not less than thirty minutes nor more than one hour between the hours of 11am and 2.30pm.

 

(b)        An employee, under no circumstances, shall be required to work more than six hours without a break for a meal. At the conclusion of working six hours an employee is to be directed to take a 20-minute break, which will be paid for at the prevailing rate.

 

(c)        The employer and employee may, by mutual agreement, alter the commencing time of the break, outside the hours specified in Sub-clause (a).

 

18.  MEAL ALLOWANCE

 

Meal allowance will only be paid if the employee has completed not less than eight hours on any one day and is required to work overtime for not less than two or more, after normal finishing time. The quantum of this allowance is adjusted in accordance with movements in the Clerical & Administrative Employees (State) Award from time to time.

 

19.  HIGHER DUTIES

 

An employee will be paid at the appropriate rate for the full shift, if 50% or more of the time worked during that shift is at the higher grade.

 

20.  TERMS OF ENGAGEMENT

 

(a)        All employees shall be employed as weekly, casual or part-time employees.

 

(b)        An employer shall inform each employee as to the terms of his/her engagement, and in particular he/she is a weekly, part-time or casual employee, employed on day or shift work.

 

(c)        Where the Company makes a definite decision that it no longer wishes a clerical job done by anyone pursuant to Clause 39, Redundancy, of the Clerical and Administrative (State) Award, and as a consequence an employees services are terminated, then that employee shall be entitled to no less Notice of Termination and Severance Payment than that contained in the Company policy current at the time of the making of this Award.

 

21.  NEW TECHNOLOGY & WORK SYSTEMS

 

New technology and work systems are to be introduced in a co-operative manner to ensure customer service requirements, safety and efficiency are maximised.  Consultation with Union representatives, and employee training will occur for all significant technology and work system changes.

 

22.  ELECTRONIC FUNDS TRANSFER OF WAGES

 

Because of the changing nature of the industry, the Company may seek to make wage payments by means of electronic funds transfer, on three (3) month’s notice to the employee and the Union.

 

23.  TRAINING

 

Following consultation between Union representatives, the employees and the Branch Manager, a training program will be developed, taking into account:

 

-           the current and future skill needs of the branch.

-           the size, structure and nature of the operations of the branch.

-           the need to develop vocational skills relevant to the work of the branch, through courses conducted on the job, or by accredited institutions and providers.

 

During the Induction of new employees they will be trained in branch work procedures, which will be supported by standardised documentation.

 

24.  APPRAISAL SYSTEM

 

The appraisal system will be reviewed and implemented within nine (9) months of the date of registration of this Award

 

25.  TIME OFF IN LIEU OF PAYMENT FOR OVERTIME

 

An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime, on an hour for hour basis, at a time or times agreed with the employer within twelve (12) months of the said election.

 

26.  CONFIDENTIALITY

 

(a)        All information provided to or otherwise obtained by employees regarding Armaguard operations, procedures, or any other matter, is confidential and is not to be disclosed to any other person without the consent of the company.

 

(b)        Similarly any information obtained about Armaguard clients, current or past, is to be regarded as confidential.

 

27.  COMMENCEMENT AND DURATION

 

This Award shall commence on and from 16 March 2001 and shall remain in force until the thirteenth of November 2002 with the provision to commence negotiations on a new Award no later than three (3) months prior to the end of this Awards term.

 

This Award rescinds and replaces the Armaguard NSW (Clerical and Administrative) Enterprise Award 1998-2000 published 19 May 2000 (315 I.G. 901).

 

28.  DECLARATION

 

(a)        This Enterprise Award has been negotiated through extensive consultation between management, employees and the Union. The content of the Enterprise Award has been canvassed widely with affected employees.  All parties are entering into this Enterprise Award with full knowledge of the content and effect of the document.

 

(b)        The parties declare that this Enterprise Award:

 

(i)         Is not contrary to the public interest

 

(ii)        Is not unfair, harsh or unconscionable

 

Reflects the interests and desires of the parties.

 

29.  LEAVE RESERVED

 

Leave is reserved to the Union to discuss with the Company the issue of casual employees entitlements to redundancy benefits.

 

30.  ANTI-DISCRIMINATION

 

(1)        It is the intention of the parties to this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.   This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

(2)        In fulfilling their obligations under the dispute resolution procedure set out in this award the parties will take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1997 it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

SIGNATORIES

 

This Enterprise Award is made on the ninth day of February 2001.

 

Signed for and on behalf of

Mayne Nickless Limited

(trading as

Mayne Logistics, Armaguard)          ...........................................................................

 

 

In the presence of                               ...........................................................................

 

 

Signed for and on behalf of

Federated Clerks’ Union

of Australia (NSW Branch)         .........................................................................

 

 

In the presence of                               ...........................................................................

 

 

Annexure 1

 

CODE OF CONDUCT - POLICY

 

(a)        Introduction

 

Armaguard NSW, a division of Mayne Nickless Ltd is committed to providing quality service and conducting its business with efficiency, impartiality and integrity.  This commitment requires that all employees perform their duties at a high standard and comply with both Federal and State legislation at all times during their course of employment.

 

Staff should be aware that a Code of Conduct can provide assistance for both employers and employees when they are required to decide what are acceptable standards of behaviour.

 

Staff should familiarise themselves with the contents of this Code of Conduct and should ensure they observe its provisions.  They should also realise departure from the provisions of this Code could be grounds for disciplinary action.

 

(b)        Conflict of Interest

 

When at work, staff should act in the companies and general public interest and not in a manner designed primarily to gain unfair advantage for themselves or other individuals, in areas such as the letting of contracts or purchasing of goods and services.  Staff should disclose in writing to a senior officer any pecuniary or other definite interest held by them which could lead to a potential conflict between personal interest and official duty, e.g. outside employment.

 

Staff should notify a senior officer when dealing with relatives and close friends and, wherever possible, disqualify themselves from the dealing.

 

Conflict of interest between private activities and official duties must be resolved in favour of the company.

 

(c)        Acceptance of Gifts or Benefits

 

Staff may accept token gifts of benefits, such as a box of chocolates or flowers from a grateful fellow employee or customer.  However, if the gift or benefit is intended to influence decisions about how work is done, contracts let or goods purchased (or if it could reasonably be perceived as such), it should not be accepted.

 

An offer of such a gift should be politely declined and any unsolicited gift be promptly and publicly returned.  Gifts include acceptance of subsidised or free travel or accommodation arrangements from companies supplying goods or services.  Staff in doubt as to the appropriateness of receiving such gifts of benefits should refer the matter to Executive Management for clarification.

 

(d)        Personal and Professional Behaviour

 

Staff should refrain from any form of conduct in relation to other staff or public intended to cause any person offence or embarrassment.

 

In the performance of their duties staff:

 

*          Should not wilfully disobey or wilfully disregard any lawful order given by any person having the authority to make or give the order.

 

*          In cases of dispute arising from compliance or non-compliance with an order, staff may appeal to an Executive Manager against being required to carry out the order.  However, as far as it is possible and practical, they should comply with the order until the appeal is heard by senior management or trade union representative if appropriate.

 

*          Should observe the strictest practices of honesty and integrity, and avoid conduct, which could suggest any departure.  This may include a duty to bring to notice dishonesty on the part of other staff.

 

*          Should ensure their work is carried out efficiently, economically and effectively, and that the standard of work reflects favourably on their organisation.  Quality service and personal appearance are an integral element of our customer service policy.

 

*          Should follow the policies of the organisation, whether or not they approve of these policies.  Should an extreme situation arise in which a staff member finds a policy at major variance with his or her personal views, the matter should be discussed with an Executive Manager with a view to having the situation resolved.  If that is not possible, the staff member should consider requesting transfer to another position in which the conflict does not arise or, as a last resort, resigning.

 

*          Should follow the procedures and guidelines, as laid down by the organisation for day to day operational and legal requirements.

 

*          Must not seek to influence any person in order to obtain promotion, or other advantage. 

 

(e)        Fairness

 

             Staff should deal with issues or cases in a consistent, prompt, fair and non-discriminatory manner.

 

(f)         Public Comment & Disclosure of Official Information

 

Individuals have the right to make public comment and openly debate political and social issues not related to Company activity.  However, staff should make it clear that other than in the course of duty or when giving evidence in court, they are not making an official comment nor speaking as Armaguard employees representing an official position of the company.

 

Contents of official documents or privileged knowledge may only be released by staff with the authority to do so and personal opinions should not be offered in place of facts.

 

Official information must not be used for personal gain, for example to obtain rewards from a successful tenderer supplied with inside information.

 

(g)        Use of Official Resources

 

Staff should ensure that resources, funds, staff or equipment under their control, are used effectively and economically in the course of their duties for the purpose of Armaguard business.  Official facilities and equipment include, for example, typing facilities, photocopiers and computers.

 

Requests to use resources outside of core business, for example to aid in a charitable activity, should be referred to an appropriate senior employee.

 

Unless permission has been granted, staff must not use the services of other staff or official facilities for private purposes.  Where there are specific directions on the use of official facilities for private purposes or conditions for their use, these must be strictly complied with.

 

(h)        Patents

 

If an employee makes an invention, which has an application to his or her official duties, matters relating to patent rights must be submitted through the State Manager.  This is a highly complex field of law, eg whether invention took place in working time or the employee’s private time.  Employees who consider they have a legitimate right to patents would be well advised to detain independent legal advice.

 

(i)         Volunteer Fire Fighting and State Emergency Services

 

Staff wishing to join the Volunteer Fire Brigade or State Emergency Service are required to make application.  Such applications may be approved provided the State Manager is satisfied that no undue inconvenience to the facility will result.  Any remuneration received for this work may be retained.

 

j)          The Employee as a Private Employer

 

Where an employee acts as a private employer of others, approval must be sought where such activities have the potential to conflict with official duties or where it may be seen to be arising from their official duties.

 

k)         Employee Relations

 

It is essential to the effective management of Armaguard that all employees understand their responsibilities and accountabilities.  These responsibilities and accountabilities in regard to the Code of Conduct are detailed in Appendix 1  - Managers/Supervisors, Appendix 2  - Employees, Appendix 3  - Employee Representatives and Appendix 4  - Collaborative Responsibilities respectively.

 

l)          Security of Official Information

 

All staff are to ensure that confidential and sensitive documents cannot be accessed by unauthorised persons.  Such papers should be retained in secure storage overnight or when otherwise attended.  Managers are responsible for seeing that             premises are secure and that suitable arrangements are in place to maintain security of confidential and sensitive documents, including transferring these by hand when necessary.

 

The deliberate release of confidential documents or information to unauthorised persons constitutes a serious offence.

 

Appendix 1

 

MANAGERS / SUPERVISORS

 

Managers/Supervisors are responsible for the overall control of their operations, particularly employee relations.

 

To this end Managers / Supervisors should:

 

*          Establish and maintain effective working relationships.

 

*          Ensure employees have an excellent understanding and carry out their Employee Relations responsibilities.

 

*          Maintain high standards of behaviour and performance and take necessary steps to deal with any breaches of those standards.

 

*          Take appropriate steps to provide relevant training for employees in the competencies expected of them.

 

*          Ensure that workplace health, safety and welfare standards are effectively maintained.

 

*          Provide appropriate feedback as a means of enhancing employee performance both collectively and individually.

 

*          Ensure that the provisions of the relevant Award and Enterprise Awards are adhered to.

 

*          React and respond to any potential areas of friction and dispute at an early stage and inform the next level of management, as appropriate.

 

*          Be honest and fair with other employees and treat them with respect and dignity.

 

*          Ensure that Company operational, administrative and security policies and procedures, are understood and followed by all employees.

 

*          Provide counselling, training and where necessary, take disciplinary action.

 

*          Be receptive to the concept of collaboration and open communication.

 

Appendix 2

 

EMPLOYEES

 

All employees, full time permanent, part-time permanent or casuals are expected to:

 

*          Apply their best endeavours to the performance of the duties and responsibilities they are employed to carry out.

 

*          Contribute positively to the achievement of work objectives in their work areas.

 

*          Accept responsibility for self improvement by participating positively in relevant training and to provide training to others where appropriate.

 

*          Adopt work practices that promote the objective of a safe and healthy workplace.

 

*          Adopt a co-operative team approach compatible with the needs of the Industry/Division/Depot.

 

*          Comply with all lawful and reasonable instructions.

 

*          Undertake work which is ancillary to or peripheral to their normal functions providing training to do the work has been undertaken.

 

*          Maintain professional, courteous and helpful standards in dealing with customers and the public.

 

*          Take reasonable care of Company equipment and assets, to prevent loss or damage and immediately report any loss or damage to their supervisor or manager.

 

Appendix 3

 

EMPLOYEE REPRESENTATIVES

 

The employee representative or delegate is an employee elected by his/her fellow employees to represent employees within each work place.  The delegate is an important link in the Company communication process and is encouraged to build a constructive working relationship with managers/supervisors in the interests of effective employee relations.

 

In the performance of their duties, delegates must:

 

*          represent the view and interests of all employees they represent.

 

*          ensure that they and fellow employees understand and follow agreed dispute resolution procedures.

 

*          act in an honest and fair manner when dealing with other employees, supervisors and managers, as well as treat them with respect and dignity.

 

*          assist in ensuring that work place health, safety and welfare standards are effectively maintained.

 

*          be responsible and mature in problem solving and organisational issues.

 

*          understand that their appointment does not entitle them to any special privileges or security of employment over and above other employees.

 

*          appreciate that they are employed and paid to perform duties within the business and the representative role is a secondary role only.

 

*          accept that payment of wages for time spent on Union activity, is based on criteria's such as:

 

-           obtaining prior approval

-           duration

-           reason

-           nature of the activity is directly related to Armaguard and it’s workforce

-           normal hours performed by the delegate must not be affected by way of delay while the delegate is away from the work place on Union business.

 

*          be receptive to the concept of collaboration and open communication.

 

Appendix 4

 

COLLABORATIVE RESPONSIBILITIES

 

The achievement of effective employee relations is a joint responsibility of management and employees.  A great deal depends on how well Manager, Supervisor, Leading Hands and Delegates work together to ensure sound employee relations.

 

In particular there is a need for Managers and Supervisors to take a positive view of their working relationship with delegates.  Well-trained and motivated delegates are an invaluable resource in promoting constructive workplace relationships.

To ensure a successful relationship with delegates all Managers and Supervisors should ensure that all delegates are:

 

*          Informed and are aware of relevant matters at all times.

 

*          Appreciative and familiar with each other’s role.

 

*          Notified and involved in dealing with issues at an early stage, rather than after the event.

 

*          Encouraged to play a constructive role in employee relations by being provided sufficient scope to liaise with employees.

 

*          Conversant with the latest training, employee relations, industry and management practices.

 

*          Conversant with overall strategies and directions of the Company and industry as well as the need to maintain a competitive position in the market.

 

 

 

L. C. GLYNN  J.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

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