NESTLE SMITHTOWN ENTERPRISE AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Nestle
Australia Limited.
(No. IRC 6803 of 2001)
Before The Honourable
Mr Deputy President Harrison
|
2 and 8 November 2001
|
AWARD
1. Arrangement
Clause No. Subject Matter
15. Allowances
18. Annual
Leave
Appendix
1 - CBT Module Structure
Appendix
2 - CBT Pay Structure
35. Area
Incidence and Duration
1. Arrangement
30. Casual
& Temporary Employees
7. Classifications
20. Compassionate
Leave
3. Competency
Based Training
25. Conditions
of Employment
2. Consultation
13. Consultation
and Productivity
27. Deduction
of Union Fees
6. Definitions
37. Grade Wage
Rates
5. Grievance
Procedure
8. Hours of
Work
4. Induction
of New Employees
21. Jury
Service Leave
34. Leave to
Attend Union Business
19. Long
Service Leave
11. Meal
Breaks
16. Mixed
Functions
36. No Extra
Claims
10. Overtime
22. Parental
Leave
26. Payment of
Wages
24. Personal/Carers
Leave
17. Public Holidays
32. Redundancy
12. Rest
Periods
9. Rostered
Days Off (RDO’s)
28. Shiftworkers
23. Sick Leave
38. Signatories
31. Superannuation
33. Trade
Union Training
29. Twelve
Hour Shift AWS
14. Wage
Increases
2. Consultation
The parties to this Award are committed to continuous
improvement of product quality, work environment, work performance,
productivity and structural efficiency through consultation and working
together to resolve problems. The
parties agree to continue to enhance flexibility, productivity and efficiency
of the Factory through a review of working patterns and arrangements as
necessary from time to time.
To achieve this, a Consultative Committee will be
established and will meet where necessary, but a minimum of twice per year, to
involve employees in decisions affecting the workplace.
3. Competency Based
Training
With the move to skills related career paths and competency
based training, employees will be encouraged to undertake ongoing development
and training in order to improve productivity and efficiency and increase
personal skill development, motivation and self-esteem. The parties recognise that not all employees
will want to participate in Competency Based Training.
For all employees participating in Competency Based
Training, an individual training pathway shall be developed. This training
pathway shall be developed in consultation with the Employee concerned,
representation if requested, their department manager and the Human Resources
Manager.
The aim of the Training Pathway is to identify training
required for the Employee to meet current and future job needs particularly in
relation to career progression into work areas outside of their current role.
Implementation of an individual training pathway will remain subject to
business needs. The consolidation of
individual training pathways will provide the basis for the Training Needs
Analysis for the Assessment Committee to consider at the annual review.
It is acknowledged by the parties that in some cases it may
be necessary to incorporate modules from other Certificates in order to provide
the Employees with relevant training and underlying knowledge of their
position. Points from such modules will
be recognised in the Classification Structure.
3.1 Objectives of
Agreement:
(a) To encourage
employees covered by this agreement to acquire and use relevant skills, which
improve the competitiveness of the Factory operations and provide broader
career opportunities.
(b) To reward
employees on the basis of relevant skills attained and used (these skills must
be appropriately validated).
(c) To establish
agreed pay rate relativities.
(d) Nothing in
this agreement precludes the development at a later date of a Classification
Structure, which includes CBT Skill Levels beyond the current Level 7, which
would be applicable for those Weekly Paid employees that go on to study the
Advanced Certificate in Food Processing, Diploma or a Degree in Food
Technology.
3.2 Programme
Review:
The CBT Program shall be reviewed annually by the
Assessment Committee. The following items should be reviewed:
(a) % of employees
participating in training
(b) specific
module development requirements
(c) any
impediments to participation in training
(d) quality and
relevance of module content
(e) opportunities
to improve CBT programme
(f) development
of training plan for subsequent year of program in line with business needs
(g) the inclusion
of modules in Skill Levels beyond Level 7
(h) allocation of
training in subsequent years
(i) outstanding
matters that have not been resolved
Recommendations from the Assessment Committee are to be
made to Company management in order to achieve continuous improvement of the
CBT programme.
3.3 Delivery of
Pay Increases:
(a) Participation
Payment
The Company is prepared to make a $12.00 per week
payment to all employees who enrol for and successfully complete the following
Skill Level 1 modules, i.e.
Apply safe work procedures
Apply basic food safety procedures
Apply basic Q.A. practices
Apply basic mathematical concepts
Communicate in the workplace
Payment of the $12.00 per week will be made to
participants at the completion of the Skill Level 1 modules.
(i) As employees
progress through the Skill Levels training and assessment program and
competencies are validated, pay rates shall be those set out in Appendix 2
backdated to the assessment request date of the last module to be completed in
the Skill Level.
(ii) The CBT Skill
Level Module Structure (Appendix 1) provides an outline of the proposed
(subject to availability) modules for each stream up to Skill Level 5.
3.4 Programme
Outline:
(a) This system
operates on the basis that every Production Position in the Factory is defined
by the skills and competencies needed to perform the work in those positions.
(b) Employees will
be paid for the skills and knowledge required, which includes those acquired
under the approved training pathway.
(c) Some modules
within the CBT curriculum will be available to a limited number of employees in
order to meet the business needs. Eg
First Aid, Forklift Driving, Workplace Assessor, Workplace Trainer
(d) The system for
determining pay is based on the National Certificate of Food Processing and its
points system. Every module has a
points value. As employees complete
whole or (where defined) part modules and are assessed, they will be credited
with the relevant points subject to validation of the competency in the
workplace.
3.5 Key Procedures
for Administration of System:
(a) Training
Provision
(i) The
classification system is accompanied by the delivery of training. The Company
will provide a defined amount of training each year in paid time to enable Employees
to complete Skill Level modules required for their position.
(ii) Employees may
be required to stand aside from their position temporarily for the purposes of
training participants in approved Competency Based Training.
(iii) Where it is
identified that a person needs to temporarily stand aside from their position
for the purposes of providing multiskilling training, consultations will take
place with the person in regards to the need to do so, the likely duration of
such displacement and possible training or tasks that could be undertaken
during this period.
(iv) Employees will
be offered training as follows:
Skill Level 1-4 - up to 80 hours per annum
All Other Levels - to be determined at the time
The hours allowed includes authorised absence from
workstation to attend Face to Face Delivery Sessions, Tutorial Support Sessions
and gathering of information required to complete Learning Outcomes and
Assessment Tasks. Hours will be advised at the commencement of the training.
(v) Training will be
based on accelerated hours where possible.
(vi) A roster will
be prepared that allows for scheduled access for the Employee to Well Learning
Support and the Industry Trainer.
(vii) It is not
compulsory for Employees to enrol in the National Certificate in Food
Processing.
(viii) Such people
will still participate in site general wage increases.
(ix) It is
acknowledged by the parties that in order for specific requirements placed on
the Company through Company Policy, External Agencies or Legislation, that
Employees are still required to attend training sessions in relation to these
specific requirements.
(x) An Employee
may wish to enrol in NCFP modules after participating in such general training.
(b) Assessment
Committee
(i) An Assessment
Committee will be formed consisting of an equal number of Management and
Employee Representatives:
Company Nominated Assessment Committee Member
Elected Employee Representatives (2) who hold current
or are working towards, accreditation as Workplace Trainers and/or Assessors
Human Resources Manager
(ii) The
Committees objectives are to:
Ensure that the Assessment Procedure is administered
according to the nationally recognised standard procedure.
Conduct an annual review of the CBT program as outlined
in clause 3.2
Provide a forum for questions and grievances related to
assessments to be raised and dealt with in a consistent and timely manner.
(c) Assessment
Procedure
Module Assessments involve written, verbal or
demonstration of knowledge in order to complete the Assessment Task, Computer
Based assessment or any combination thereof and in the case of some modules a
Workplace Verification Task will be undertaken.
In relation to the Workplace Verification Task:
The Participant will:
(i) Identify their
work area
(ii) Identify the
Workplace Verification Task for the module they seek assessment in.
(iii) Review the
questions in the Assessment Task and ensure they are ready to answer the
questions
(iv) Select an Assessor
to conduct the Workplace Verification Task from the Assessor List
(v) Notify the
Human Resources Manager when ready to do the Assessment
The Human Resources Manager will be responsible for:
(i) Co-ordination
of the Assessment (eg. Time, place, etc.)
(ii) Ensuring
assessments are conducted in such a way as to meet the Assessment Criteria as
outlined in the Learning Outcome Documents
(iii) Recording the
Assessment request date
(iv) Ensuring that
the Pay Office is advised of any changes to an Employees rate of pay
(d) Appeals
Procedure
The Employee may discuss any issue relating to the
Assessment with any member of the Assessment Committee who will endeavour to:
attempt to resolve the issue
or may consult site experts or Union Officers
or may refer issue to the Assessment Committee
The Assessment Committee:
will mediate between Employee and Assessor
may consult site experts
will advise on best course of action to resolve issue
may refer issue to the Factory Manager
(e) Recognition of
Prior Learning (RPL)
The parties to the agreement are committed to the RPL
process
RPL: "is the acknowledgment of skills and
knowledge obtained through formal training, work and/or life experiences".
(f) Training
Delivery/Flexibility
Training delivery and assessment will take place during
Company time. (Note: Employees may need to complete some course
work and study in their own time).
There will be an opportunity at times during the
production cycle to release operators from some positions without providing
Employees to relieve.
This will be established on a case-by-case basis and
may only be for parts of certain shifts.
(g) Temporary/Casual
Employees
The Company will provide Training opportunities up to
Skill Level 2 for regular Temporary/Casual Employees
At the annual review the need for provision of further
training access will be considered.
(h) General Wage
Increases
In the event that a % general wage increase is to be applied,
then this is applied to the rates in the CBT Classification Structure document
(Appendix 2).
Non-participants in CBT will still participate in
general site wage increases.
3.6 Transfers
Between Positions and Departments
(a) All positions
will comprise three levels of competencies:
Common core competencies
Position specific competencies
Multi-skilling competencies
(b) Where an
employee is required to move to another position by the company due to business
needs, only those competencies that are a requirement of the new position will
be transferred across. However, the employee’s pay rate will be maintained
until such time as they have completed training in the new modules relevant to
the new position and points acquired to match the pay rate.
The employee will not suffer a reduction in their base
rate of pay or current CBT points as a result of the transfer. If however, an
employee refuses to train in any of the competencies required in the new
position, taking into consideration RPL, consultation with the employee will
then take place outlining available options.
(c) Where an
Employee is successful in applying for a position with a different skills
requirement, only those competencies which are a requirement of the new
position will be transferred across and the competency rate of pay will be
adjusted accordingly. The employee will need to complete the training modules
required for the new position and will be paid for their higher level of
competency upon successful completion of the required modules.
3.7 Procedure to
Be Followed If an Employee is Required to Step Aside from Their Current
Position:
(a) In order to
meet current and future defined job requirements an Employee may need to
undertake informal or formal training.
(b) In the event
that an Employee does not wish to undertake and/or an Employee is no longer
able to meet the job requirements, consideration will need to be given as to
whether or not an Employee remains in that position.
(c) Where it is
identified that an Employee may be required to step aside from their existing
position on a permanent basis, there shall be consultations with the Employee
concerned and the Union at least 6 months prior to implementation of the
change.
(d) Such discussions
should identify suitable alternative positions and training required to ensure
a smooth transition and an appropriate method for transfer of Classification
and remuneration including any applicable allowances and alternative options,
ensuring the base rate remains the same but with provision for a reduction in
CBT points if a module is no longer relevant to the new position.
(e) Where an
Employee is concerned about the fairness of their treatment, Clause 5 of the
Nestlé Smithtown Enterprise Award will be followed.
3.8 Multi
Skilling:
The parties agree to observe the existing
multi-skilling arrangements and to pursue and eliminate any remaining
impediments to multi-skilling and broadening the range of tasks, which an
Employee may be required to perform.
4. Induction of New
Employees
As part of the Company’s Induction Procedure the Union
Delegate(s) will be given the opportunity to meet with the new Employee during
the Induction Programme.
Existing facilities will be available for the purpose of the
meeting and discussions.
5. Grievance
Procedure
In order to avoid industrial action the parties to a
grievance or dispute will take all reasonable steps to ensure the following
procedure is followed responsibly and expeditiously without affecting work
performance or productivity. The
Employees will avoid work stoppages, bans and limitations and co-operate
positively in reviews of work practices aimed at improving productivity.
5.1 If an Employee
has any problem or concern in relation to his/her employment he/she shall in
the first instance discuss the matter with his/her Supervisor who will
endeavour to resolve the issue expeditiously.
5.2 Any unresolved
matter shall then be referred to the Department Head. This can be done by the employee himself/herself or the employee
and his/her Union Delegate.
5.3 Should the
dispute still remain unresolved, appropriate assistance should then be sought
from the Factory Manager and if necessary, an official of the Union.
5.4 In the event
of no agreement being reached within seven (7) days, the dispute shall be
referred to the Industrial Registrar.
5.5 Until the
matter is determined, work shall continue in accordance with the pre-dispute
conditions except where a trial is put in place in line with Consultation and
Productivity (Clause 13) in which case the trial will go ahead.
5.6 Nothing in
this clause will operate to the detriment of an Employees health and safety.
6. Definitions
6.1 Full-Time
Employee:
Is one appointed after completion of the probationary
period employed and paid by the week for an indefinite period. (See 25.2).
6.2 Casual
Employee:
Is one engaged for a minimum of four and a maximum of
twelve hours per day.
6.3 Temporary
Employee:
Is one engaged for a specific period of at least 38
ordinary hours. Where an Employee is
engaged on a short-term temporary basis, ie between 1 and 3 weeks duration,
there shall be a maximum of 5 such engagements per calendar year.
6.4 Daywork
Employee:
Is one whose ordinary hours of work are performed
between 6.00am and 4.00pm or as otherwise agreed Monday to Friday inclusive?
6.5 Five (5) Day
Shiftwork Employee:
Is one other than a day work Employee whose ordinary
hours of work are performed at any time Monday to Friday inclusive.
6.6 Seven (7) Day
Shiftwork Employee:
Is one other than a day work Employee or a five (5) Day
Shiftwork Employee whose ordinary hours of work are performed at any time of
any day of the week.
6.7 Twelve (12) Hour
Shiftwork Employee:
Is one whose ordinary hours of work fall into a
continuous 12-hour shift roster covering all days of the week.
6.8 Day’s Pay:
Unless otherwise specified is 0.2 of the Day work
Employee’s, Five (5) Day Shiftwork Employee’s or Seven (7) Day Shiftwork
Employee’s relevant weekly Grade Wage Rate prescribed by this award.
6.9 Union:
Means the Australasian Meat Industry Employees’ Union,
Newcastle and Northern Branch.
6.10 Company:
Means Nestlé Australia Ltd, I 000 011 316.
7. Classifications
7.1 Production
Process:
Current Full-time, Casual and Temporary Employees shall
be paid a weekly wage, as set out in Table 1, inclusive of the weekly wage
according to the following Classification Gradings and definitions.
Those Employees that are participating in Competency
Based Training will be paid as per Appendix 2.
All new Employees engaged after 14 January 1998 will be
paid as per the CBT Classification structure.
Food Processing Operator Grade 5:
Employees classified in Grade 5 must have completed an
approved recognised course at a tertiary institution and must have demonstrated
proficiency in the grade and passed such written and practical examinations as
required by law and/or the Company.
Indicative tasks:
Team Co-ordinator: appointed by the Company,
responsible for the technical co-ordination of an area within the plant
including but not limited to sourcing of relief workers where required, related
administrative tasks including inputting computer data, ensuring standards of
hygiene and sanitation are maintained and performing such other tasks as
outlined in the position description.
Through ongoing consultation with the Team
Co-ordinators the Company will identify competencies and skills that a Team
Co-ordinator currently has and those that are necessary to "technically
co-ordinate" the area to meet the business needs.
The underlying skills to carry out the role to meet the
business needs will be provided through training. If an Employee does not
participate in the training and attain the skills then consideration may have
to be given as to their continuing in that role.
Food Processing Operator Grade 4:
Employees classified in Grade 4 must be undertaking an
approved recognised course at a tertiary institution. Employees at this level
must have demonstrated proficiency in Grade 3 modules and have passed such
workplace and competency assessments at Grade 3 as required by law and/or the
Company.
Indicative tasks:
Performance and interpretation of complete chemical
and/or microbiological analysis; inputting computer data; maintaining records.
Food Processing Operator Grade 3
Employees classified in Grade 3 must have demonstrated
proficiency in the grade and passed such written and practical examinations as
required by law and/or the Company.
Indicative tasks:
Operation of a forklift or other plant, machinery or
equipment as required in and about the establishment, keeping stock records
including stocktakes; preparing consignments for dispatch including quality
checks; inputting computer data; loading and unloading trucks for dispatch and
receiving;
Operating; adjusting; dismantling; cleaning and
assembling manufacturing plant, machines or equipment; including a forklift or
pedestrian forklift; performing quality checks and analysis; inputting computer
data; maintaining records.
Operating; adjusting; dismantling; cleaning and
assembling packing plant machines and equipment; performing quality checks;
inputting computer data; maintaining records; receiving and/or issuing stores
or goods.
Performance and interpretation of complete chemical
and/or microbiological analysis; inputting computer data; maintaining records.
Food Processing Operator Grade 2:
Employees classified in Grade 2 must have demonstrated
proficiency in the grade and passed such written and practical examinations as
required by law and/or the Company.
Indicative tasks:
Operate a pedestrian forklift and other plant,
machinery or equipment in and about the establishment; inputting computer data;
performing in-line quality checks; maintaining records; loading and unloading;
Receiving and/or issuing of goods or stores including
preparing material for dispatch; keeping store and stock records including
stocktakes; operating machinery and equipment associated with receiving or
dispatching goods; performing quality checks; removing cartons, tins or
containers from packing area to store etc; inputting computer data.
Provision of employee services including maintenance of
facilities, operation of the canteen and staff sales shop including stock
control, distribution of uniforms and provision of first aid supplies. Ensure
hygiene standards, customer service levels and facilities are maintained at the
required standard.
Operating; adjusting; dismantling; cleaning and
assembling manufacturing plant, machines or equipment; including a pedestrian
forklift; performing quality checks and analysis; inputting computer data;
maintaining records.
Operating; adjusting; dismantling; cleaning and
assembling packing plant machines and equipment; performing quality checks;
inputting computer data; maintaining records; receiving and/or issuing stores
or goods.
Food Processing Operator Grade 1:
Employees classified in Grade 1 must have undertaken
the Company Induction Program and successfully completed the Skill Level 1
Competency modules. Employees must also have demonstrated proficiency in the
workplace by assessment passed such written and practical examinations as
required by law and/or the Company.
Indicative tasks:
Performing general service duties as required including
cleaning; refuse removal; gardening; stacking; packing line servicing; sample
preparation; quality checks; inputting computer data; maintaining records;
general cleaning of work areas and stations.
8. Hours of Work
8.1 Ordinary hours
of work shall be scheduled not to exceed an average of thirty- eight (38) hours
per week in a work cycle.
8.2 Except for a meal
break or rest period ordinary hours on any day shall not be worked in broken
periods. (See Clause 11 and 12).
8.3 At least eight
(8) hours shall lapse between an Employee’s ordinary hours of work on any
one-day or shift and the next.
8.4 The Company
shall post a roster of the ordinary work hours of all Employees and shall not
change this roster, except by mutual agreement or except in the case of an
emergency, unless fourteen (14) days notice is given to the Employee concerned.
8.5 By mutual
agreement between the Company and an Employee the hours or days of work may be
altered without incurring penalties.
8.6 Ordinary hours
of work for a Day work Employee shall be restricted to a maximum of eight (8)
on any day. However by mutual agreement
up to 10 ordinary hours may be worked.
8.7 The method of
implementation of a Twelve Hour Day shall be subject to negotiation between the
Company, the Employees and the Union.
8.8 The extension
of 12 Hour Shift System beyond present work units will be subject to
negotiation between the Company, the Employees and the Union.
9. Rostered Days Off
(RDOs)
9.1 Five (5) day,
seven (7) day Shiftwork Employees and Day work Employees scheduled to work in
excess of 38 ordinary hours per week in a work cycle will have 0.4 hours
accumulated for a RDO. The 0.4 hours
will accumulate when an Employee works all their scheduled ordinary hours on a
day and when on paid sick leave; paid public holidays; paid jury service; paid
compassionate leave; and paid family leave.
9.2 There is no
accrual of an RDO when on Annual Leave or an RDO.
9.3 Once an
employee has accrued the equivalent of 45.6 hours RDO, the company may request
the employee to utilise such RDO hours within one (1) month or by mutual
agreement for hours over and above this accrued amount.
If an employee has a need to accrue further RDO hours,
this may be arranged by mutual agreement with the Company.
9.4 A RDO shall be
taken at a time or times mutually agreed upon when the employee has accumulated
seven point six (7.6) hours credit for each day off which shall be deducted
from accumulated credit hours. An
employee may, with the consent of the Company, take RDO’s in part day amounts.
Payment for a RDO shall be at the same rate as if worked. An Employee shall not be entitled to sick
leave for illness on a RDO.
9.5 Where by
agreement an Employee works on a RDO the Employee may by agreement be granted a
substitute RDO at a mutually agreed time or may be paid overtime rates for the
time worked.
9.6 All accrued RDO’s
will be paid out upon termination of employment.
9.7 An Employee
may elect, with the consent of the Company, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the Company and Employee, or subject to reasonable notice by the
Employee or the Company.
9.8 This subclause
is subject to the Company informing the Union which is both party to the award
and which has members employed at the particular enterprise of its intention to
introduce an enterprise system of RDO flexibility and providing a reasonable
opportunity for the Union to participate in negotiations.
10. Overtime
10.1 An Employee
shall work reasonable overtime as required.
10.2 Any time worked
in excess of the ordinary hours on any one day shall be overtime and paid for
at a rate of time and a half for the first two (2) hours and double time
thereafter calculated on the Employees relevant weekly Grade Wage Rate.
10.3 Where an
Employee is required to work overtime not continuous with the completion or
commencement of his or her ordinary scheduled work hours he or she shall be
employed for a mutually agreed period of time and paid for the time worked at
the overtime rate.
10.4 Where overtime
extends from one day into the next, such a period of overtime shall be regarded
as all having been worked on the first day for payment purposes.
10.5 Where an
Employee works more than three (3) hours overtime on site on call back or
continuous with the completion of his or her scheduled ordinary working hours
the employee shall be allowed a minimum of eight (8) continuous hours break
prior to resuming work.
10.6 Should an eight
(8) hour break not be allowed Employee shall be paid at double time of the
Employees’ relevant weekly Grade Wage Rate for all time worked after the
completion of overtime until such a break is allowed.
10.7 An Employee who
is required to work more than two hours overtime after their normal finishing
time without being notified the previous working day shall be entitled to meal
allowance as per Item 3 of Table 2.
10.8 An Employee,
other than an Employee rostered to work ordinary hours on a Saturday, shall be
paid time and a half for the first two (2) hours and double time thereafter for
Saturday work.
10.9 An Employee,
other than an Employee rostered to work ordinary hours on a Sunday, shall be
paid double time for all time worked on Sunday.
10.10 An Employee not
rostered to work but required to work on a Public Holiday falling on a Monday
to Friday who has not been given the required notice (as per Clause 8.4) shall
be paid (as per Clause 17.8).
10.11 Full-time
Employees will receive first preference for overtime available in their work
area.
11. Meal Breaks
11.1 Day work Employees
shall be allowed a thirty (30) minute unpaid meal break when working day work.
11.2 5 day and 7 day
Shiftwork Employees shall be allowed a twenty (20) minute paid meal break when
working shiftwork.
11.3 Employees
working a 12 Hour Shift system shall be allowed a 40 minute paid meal break,
which may be taken as, agreed.
11.4 Unless
otherwise agreed Employees shall not be required to work more than 5 ordinary
hours without a meal break.
11.5 Notice will be
given the previous working day of the Company’s intention to vary the time of
the meal break. Variation of the time
of the meal break will not incur penalty rates.
11.6 Overtime rates
will be paid for the meal break if the Company fails to give notice the
previous working day of its intention to vary the time of the meal break the
following day.
12. Rest Periods
A paid rest period of ten (10) minutes will be allowed at
agreed times both before and after the meal break each day in the rest area.
13. Consultation and
Productivity
Consultative measures currently operating at the Smithtown
Factory shall continue and shall be used to maintain continuing co-operation
between the parties to achieve improved productivity of manufacturing and
related operations.
To provide a process for change the following provisions
shall apply:
Where an issue is raised by the Company or the Union as part
of continuous productivity improvement, consultation shall take place as
follows:
(a) The changes
shall be explained to all affected Employees including details of how the
change or changes will work and how they will improve or alter productivity
including output, waste, cost, etc.
(b) Employees will
have their input and any alterations or alteration considered.
(c) Where
agreement is reached on the proposed changes, they will be implemented as soon
as practicable.
(d) If no
agreement is reached, provided the changes are permitted by the terms of the
award, they may be implemented on a trial basis as soon as practicable after
the expiry of two working weeks from the date on which the productivity
improvement is first raised. It is
recognised that a trial having a direct impact on all Employees may not be
capable of immediate implementation but shall not take longer than four working
weeks to implement. The consultative
process will continue while the trial continues.
Either party may take the issue to the Industrial
Relations Commission of NSW at any stage after the issue is raised.
Where an occupational health and safety issue is
raised, it shall be processed in accordance with the applicable Occupational
Health and Safety legislation.
Where an Employee has personal difficulties arising
from a productivity improvement those difficulties will be promptly
investigated and the Employee will have recourse to the Grievance Procedure as
outlined in the award.
14. Wage Increases
The following increases will apply to wages during the term of
this Agreement:
(a) from first pay
period commencing on or after 28 October 2001, a 2% increase.
(b) from first pay
period commencing on or after 28 April 2002, a 3% increase.
(c) from first pay
period commencing on or after 27 October 2002, a 2% increase.
(d) from first pay
period commencing on or after 26 April 2003, a 3.5% increase.
(e) from first pay
period commencing on or after 25 October 2003, a 1.5% increase.
The payments shown above in (b), (d) and (f) are
subject to agreement at the Factory that continuous improvement in the Factory
performance is occurring.
Evidence of this will be as follows:
(i) Positive
movement in the Factory’s KPI’s. KPI’s will include three (3) core and two (2)
specific KPI’s in each agreement term.
(ii) Agreement by
all parties of changes required to improve the business.
(iii) No industrial
action occurring. In the event that a
payment as outlined in 14.(b), (d) or (f) above, is not made due to Industrial
action being taken, the Union reserves its right to take the claim for the
payment to be reinstated to the New South Wales Industrial Relations
Commission.
(iv) Satisfactory
performance of the site training and consultative processes
(v) Other issues
that may be raised by Employees, the Union or the Company.
(vi) No extra
claims for wages or conditions made on the Company.
This evidence shall be considered at the Factory 3
months prior to the due date and where progress is unsatisfactory, the reasons
for this will be examined and a plan put in place to correct any problems.
Where, on the due date, performance is still unsatisfactory,
the Company reserves its right to reduce a payment or defer it for a period.
Where, the Union disagree with this decision it can
pursue the issue through the disputes procedure.
All grievances are to be processed through the agreed
procedures without industrial action (see Clause 5).
15. Allowances
With a move to a CBT Classification and Wages System which
is in effect a payment for skills system, the treatment of the allowances
described below will be reviewed annually by the parties and any agreement that
is reached will be incorporated in each of the allowances.
15.1 Emergency Team
Allowance: Employees appointed by the Company as permanent members of the
Emergency Team shall be paid an allowance as per Item 1, Table 2 per week, in
addition to other payments to which they are entitled under this award. The allowance shall not be included for the
calculation of overtime payments or other payments.
The allowance will continue to be paid provided Employee
attends the required number of training sessions per calendar year as specified
by the Occupational Health & Safety Committee in order to maintain skill
levels and continues to be ready willing and able to carry out the duties
required of an Emergency Team Member.
15.2 First Aid
Allowance: an Employee who holds a current First Aid Accreditation and is
appointed by the Company as a First Aid Attendant, shall be paid an allowance
as per Item 2 in Table 2 per week, in addition to other payments to which they
are entitled under this agreement. The
allowance shall not be included for the calculation of overtime payments or
other payments.
The allowance will continue to be paid provided the
appointed Employee maintains currency of accreditation by completing refresher
training and continues to be ready willing and able to carry out the duties
required of a First Aider.
15.3 Team
Co-ordinator Allowance: an Employee appointed by the Company who is responsible
for the technical co-ordination of an area within the plant shall be paid a
margin as per item 4 in Table 2 attached per week above the employees relevant
weekly Grade Wage Rate. Where such an appointment is on a permanent basis, this
allowance has been incorporated in the Grade 5 Wage Rate as shown in Table 1
but will continue to be treated as a separate allowance paid on a per week
basis.
15.4 Workplace
Trainer Category 1 Allowance: Workplace Trainer Category 1 shall be paid at the
rate of $3.80 per week, for all purposes regardless of whether the Employee
provides training or not.
This allowance will be known as Workplace Trainer
Category 1 Allowance.
15.5 Workplace
Assessor A Allowance: Workplace Assessor A shall be paid at the rate of $2.50
per week, for all purposes regardless of whether the Employee conducts
assessments or not.
This allowance will be known as Workplace Assessor A
Allowance.
16. Mixed Functions
An Employee performing duties of a higher grade job for more
than 1 hour on any day (except when working or relieving whilst undergoing
training) shall be paid at the higher grade rate for all hours worked on that
day including overtime.
17. Public Holidays
17.1 The following
days shall be Public Holidays:
New Years Day, Australia Day - 26 January, Good Friday,
Easter Saturday, Easter Monday, Anzac Day - 25 April, Queen’s Birthday, Eight
Hour Day, Christmas Day - 25 December, Boxing Day, Picnic Day and any other day
gazetted as a Public Holiday in the State of New South Wales.
17.2 By agreement
with an Employee or all Employees a day other than the gazetted day may be
observed as the holiday.
17.3 Picnic Day
shall be allowed and observed on a mutually agreed day.
17.4 An Employee
shall be paid for a public holiday when he/she attends work on both days rostered
to attend work before and after the holiday.
Where sick leave is claimed for either day, verification to the
satisfaction of the Company shall qualify an Employee to receive payment for
the public holiday.
17.5 Daywork
Employees and Five (5) Day Shiftwork Employees shall receive a day’s pay for
each holiday falling on a Monday to Friday inclusive.
17.6 Seven (7) Day
Shiftwork and Twelve (12) Hour Shiftwork Employees shall receive a day’s pay
for each holiday, whether rostered to work that holiday or not.
17.7 An Employee
rostered to work on a holiday shall in addition to the payment under subclause
17.5 or 17.6 of this clause be paid single time extra for the time worked.
17.8 An Employee not
rostered to work on a holiday but required to work on a holiday shall in
addition to payment under paragraph 17.5 or 17.6 of this clause be paid time
and one half, for the time worked.
18. Annual Leave
18.1 The provisions
of the Annual Holidays Act 1944 (the
Act) apply, which allows for four (4) weeks paid annual leave per annum.
18.2 As far as
practicable at least three (3) months notice shall be given of a shutdown and
its intended duration.
18.3 Seven (7) Day
Shift Work and Twelve (12) hour shift Employees shall have an additional annual
leave entitlement of one (1) weeks leave.
18.4 All Employees
on taking annual leave that has fallen due in accordance with the Act shall be
paid an allowance in advance being the greater of:
(a) 17.5% of the
Employees relevant weekly Grade Wage Rate per week of leave taken; or
(b) The applicable
shift allowance for the projected roster.
18.5 In relation to
mixed functions, for the purpose of calculating an Employees ordinary pay it
shall be the rate applicable at the date of commencement of leave.
Casual Employees - refer to Clause 30.9.
Temporary Employees - refer to Clause 30.10.
18.6 Where employees
are pre-planning annual leave, discussions should be held with the Department
Manager to ascertain business needs at that time and the practicality of such
leave
19. Long Service
Leave
The provisions of the Long
Service Leave Act 1955 apply.
20. Compassionate
Leave
A Full-time or Temporary Employee shall be entitled to a
maximum of three days of compassionate leave without loss of pay on the production
of satisfactory evidence on each occasion of death of any one of the following
family members:
spouse - including de facto
parent, step-parent or parent-in-law
sibling or step-sibling
child or step-child
foster parent or foster child
grandparents
21. Jury Service
Leave
A Full-time or Temporary Employee required to perform jury
service during his or her normal work hours shall be paid the difference
between the Employees relevant Grade Wage Rate for the period and the jury
service payment.
22. Parental Leave
The Company’s Parental Leave Policy, applicable at the time
of certification of this agreement, shall continue to apply for the duration of
this agreement, provided employees shall not be excluded from any improvement
to the policy which may occur during that period.
23. Sick Leave
23.1 Full-time and
Temporary Employees shall be entitled to seventy six (76) hours sick leave, for
each completed year of service.
23.2 Such sick leave
shall accumulate, on a pro-rata basis indefinitely.
23.3 An Employee,
ill and unable to attend work shall notify the Company at his or her earliest
convenience and in any event no later than twenty four (24) hours of falling
ill, of the nature of the illness and the estimated duration of absence.
23.4 An Employee
shall, prove to the satisfaction of the Company that he/she was unable on
account of such illness or injury to attend for duty for any absence of two (2)
or more days. Where an employees’ single day absences indicate misuse, the
Company will review such single day absences with the employee.
24. Personal/Carers
Leave
24.1 Use of Sick
Leave:
(a) An Employee
other than a Casual Employee with responsibilities in relation to a class of
person as set out in subparagraph (ii) of paragraph (c), who needs the
employees care and support shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement, provided for at
Clause 23 of this award for absences to provide care and support for such
persons when they are ill. Such leave
may be taken for part of a single day.
(b) The Employee
shall, if required, establish by production of a medical certificate or
statutory declaration the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the Employee
being responsible for the care of the person concerned; and;
(ii) the person
concerned being:
(a) a spouse of
the Employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the Employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) ‘relative’
means a person related by blood, marriage or affinity;
(2) ‘affinity’
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) ‘household’
means a family group living in the same domestic dwelling.
(d) An Employee
shall, wherever practicable, give the Company notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the Company by telephone of such absence at the first
opportunity on the day of absence.
24.2 Unpaid leave
for family purpose:
An Employee may elect, with the consent of the Company,
to take unpaid leave for the purpose of providing care and support to a member
of a class of person set out in subparagraph (ii) of paragraph I of Clause 24.1
who is ill.
24.3 Annual Leave:
(a) An Employee
may elect with the consent of the Company, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this Clause, shall be exclusive of any
shutdown period provided for elsewhere under this award.
(c) An Employee
and Company may agree to defer payment of the annual leave loading, in respect
of single day absences, until at least five consecutive annual leave days are
taken.
24.4 Make-up time:
(a) An Employee
may elect, with the consent of the Company to work ‘make-up time’, under which
the Employee takes time off ordinary hours and works those hours at a later
time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An Employee on
shift work may elect, with the consent of the Company to work ‘make-up time’
(under which the Employee takes time off ordinary hours and works those hours
at a later time) at the shift work rate, which would have been applicable to
the hours taken off.
25. Conditions of
Employment
25.1 Contract of
Employment:
Contracts of Employment shall be as defined in Clause
6.
Each Employee will be advised before commencing
employment, the terms of their employment.
An Employees’ terms of employment will not be changed
unless by mutual agreement.
25.2 Probationary
Period for Full-Time Employees:
Appointment as a Full-time Employee is subject to a
three (3) months probationary period during which performance will be reviewed
at monthly intervals and if satisfactory the Employee will remain a Full-time
Employee of the Company. If
unsatisfactory, employment will be terminated.
If within the next three (3) months the Employee’s performance becomes
unsatisfactory the Union shall be advised and the Company shall take
appropriate disciplinary action up to and including termination.
25.3 Promotions/Transfers
- Performance Review
The criteria for assessment of Employees for promotion
transfer between departments etc. will include the Performance Review and will
be in accordance with the published Discrimination Free Workplace Policy and in
the case where all things are equal seniority will be a factor taken into
consideration. Employees will be encouraged to participate in an annual
Performance Review.
The review sets the minimum frequency for a formal
review of the Employees performance against the prescribed assessment
criteria. The process provides a forum
for Management and the Employee to discuss ongoing development and training in
order to improve productivity and efficiency, increase personal skill
development, motivation, self esteem and the development of agreed skills related
career paths that satisfy the Employees’ aspirations and the Company’s future
needs.
It is recognised that some Employees may not wish to
participate in the Performance Review process.
25.4 Termination of
Employment:
(a) With Notice:
Termination of employment other than of a Casual
Employee is by one week’s notice or by payment or forfeiture of one week’s
wages.
(b) Without
Notice:
Employment may be terminated without notice for serious
misconduct, including neglect of duty, inefficiency, malingering, pilfering,
physical or verbal abuse of another person, abuse of alcohol or drugs affecting
the Employee’s work performance and payment will be up to the time of
termination.
25.5 Standdown:
The Company shall have the right to deduct payment for
any day the Employee cannot be usefully employed because of any strike or
through any breakdown in machinery or any cause for which the Company cannot
reasonably be held responsible.
25.6 Abandonment of
Employment:
The absence of an Employee from work for a continuous
period of three (3) working days without the consent of the Company and
notification to the Company will be deemed abandonment of employment and wages
will be paid up to the last time of work.
This is recognised as a resignation by the Employee unless, within a
period of fourteen (14) days since the last attendance at work the Employee
establishes to the satisfaction of the Company he or she was absent and could
not notify the Company for a reasonable cause.
25.7 Work to Be
Performed:
(a) The Company
may direct an Employee to carry out such duties as are within
the limits of the employees’ skill, competence and training.
26. Payment of Wages
26.1 Temporary and
Full-Time Employees:
Wages are to be paid weekly, not more than 2 days in arrears
into a bank, building society or credit union account nominated by the
Employee.
26.2 Casual
Employees:
Casual Employees are to be paid by cheque at the
completion of their engagement. If an
Employee so wishes, wages may be paid into a bank, building society or credit
union account nominated by the Employee at the same time of payment of
Temporary and Full-time Employees wages.
27. Deduction of
Union Fees
Where authorised by an Employee, the Company shall deduct
from wages Union Membership fees which shall then be forwarded to the Union.
28. Shift Workers
Notwithstanding anything in this award, the following
principles will apply:
28.1 Twelve Hour
Shift Employees:
(a) The shift
roster in the Extract and Scott Plants will be a Continuous 12 Hour Shift
Roster, 4 days on 4 days off, 2 early shifts followed by a 24 hour break
followed by 2 late shifts.
(b) Employees
working this shift roster will be paid according to the "Annualised Wage
System", see Clause 29.
(c) Annual Leave,
Sick Leave and Long Service Leave shall be deducted and paid for the Ordinary
Hours taken.
28.2 Shift
Allowances:
A shiftworker shall be paid the following allowance:
|
Grade Wage Rate %
|
(i) Five (5) Day Shiftworker
|
15
|
(ii) Seven (7) Day Shiftworker
|
30
|
(iii) Twelve (12) Hour Shiftworker
|
30
|
29. Twelve Hour
Shiftworkers - AWS
Employees working this shift roster will be paid according
to the "Annualised Wage System".
The concept of the AWS is to annualise the weekly pay of 12 Hour
Shift Employees ("Employees"). This is achieved by totalling:
45 ordinary weeks,
2 weeks sick leave ("SL")
5 weeks annual leave ("AL")
11 Public Holidays at 7.6 hours per day
to arrive at a weekly average for 52 weeks of the year.
Whereby Employees do not take their expected total of AL or
SL in a designated year, Employees will be reimbursed. This will be calculated on an annual
anniversary date and may consist of outstanding shift and or overtime payments.
29.1 Pay Structure
(as at 28/10/98)
Ordinary hours per week 38
|
|
Hourly
|
Weekly
|
Ordinary Base Rate
|
14.1463
|
$537.56
|
Shift at 30%
|
|
$161.27
|
Employees work an average of 42 hours per week based on
an 8-week cycle. The 8-week cycle consists
of 4 weeks of 4-day weeks and 4 weeks of 3 day weeks. The eight-week rotation is illustrated as follows:
Cycle A
|
Week 1
|
12
|
12
|
12
|
12
|
R
|
R
|
R
|
Week 2
|
R
|
12
|
12
|
12
|
12
|
R
|
R
|
Week 3
|
R
|
R
|
12
|
12
|
12
|
12
|
R
|
Week 4
|
R
|
R
|
R
|
12
|
12
|
12
|
12
|
Cycle B
|
Week 5
|
R
|
R
|
R
|
R
|
12
|
12
|
12
|
Week 6
|
12
|
R
|
R
|
R
|
12
|
12
|
12
|
Week 7
|
12
|
12
|
R
|
R
|
R
|
R
|
12
|
Week 8
|
12
|
12
|
12
|
R
|
R
|
R
|
R
|
2 hours a week of overtime on each of the 4 day weeks
are transferred to the 3 day weeks to complete the 38 ordinary week in the 3
day week. The balance of 8 overtime
hours on the 4 day week is then divided between the 4 and 3 day week as
follows:
Week
|
Ordinary Hours
|
Overtime Hours
|
Total Hours
|
4 Day Week
|
38
|
10
|
48
|
3 Day Week
|
36
|
0
|
36
|
Transfer Hours
|
2
|
-2
|
0
|
Total
|
76
|
8
|
84
|
Weekly Average
|
38
|
4
|
42
|
Overtime hours per week are then divided into 1 hour of
time and a half (1 ½) and 3 hours double time (2x).
Weekly earnings are calculated as follows:
Weekly Base Rate
|
WBR
|
$537.56
|
Ordinary Base Rate
|
OBR
|
14.1463
|
Ordinary Time & 1/2
|
ORD1.5
|
21.2195
|
Double Time
|
ORD2X
|
28.2926
|
Shift Rate
|
SR
|
30%
|
Weekly Shift
|
WS
|
161.2680
|
Annualised weekly earnings in the AWS are calculated as
follows:
|
|
|
|
|
Weeks
|
|
Ordinary Week
|
537.56
|
161.27
|
106.10
|
804.93
|
45.00
|
36,221.85
|
Annual Leave
|
537.56
|
161.27
|
|
698.83
|
5.00
|
3,494.15
|
Sick Leave
|
537.56
|
|
|
537.56
|
2.00
|
1,075.12
|
Public Holidays (11 days x 7.6 hrs *OBR/52 wks)
|
22.74
|
52.00
|
1,182.48
|
Total
|
41,973.60
|
Weekly Average
|
$807.18
|
Ordinary Hours:
For both 4 & 3 day weeks, ordinary hours will equal the
number of days times standard ordinary hours per day. Total ordinary hours are then adjusted to average the weekly
earnings to 38 hours. In a 4 day week,
5.428 hours will be deducted to be paid in a 3 day week and vice a versa if the
3 day week falls in advance. Both total
hours and hours deducted or advanced are to be displayed on the payslip for the
pay period plus a year to date total.
A day of ordinary time will consist of 10.857 hours (the
balance of the 12 hour day is overtime).
This is derived from totalling 8 weeks times 38 ordinary hours (8 x 38 =
304hrs) divided by 3.5 days per week (8 x 3.5 = 28) to arrive at 10.857
ordinary hours per day (304/28 = 10.857).
The value of annualised ordinary hours do not reflect the
Ordinary Base Rate of $14.1463 as this rate must be annualised. This is calculated as follows:
Averaged weekly pay
|
807.18
|
Less Shift Allowance
|
161.27
|
Less Overtime Payments
|
106.10
|
Less Weekly Public Holiday Payment
|
22.74
|
Weekly Average Base Rate (annualised ordinary)
|
517.08
|
|
|
Hourly Average Base Rate
|
$13.6074
|
This rate is applicable for:
Ordinary hours worked as part of the rostered week,
The first 190 hours of AL per year,
The first 76 hours of SL per year.
Annual Leave:
Employees are required to take 190 hours (this is the
equivalent of 5 weeks of 38 hours) of AL each year. Each day of AL will consist of 10.857 hours (the annualised week
equals 3.5 days). The first 190 hours
will be paid at the Hourly Average Base Rate (as described above) with no
further deduction of rostered overtime required.
Whereby an Employee does not take 190 hours of AL, the
balance of overtime underpaid under the AWS will be reimbursed at an agreed
annual anniversary date. Conversely if
AL over the course of the year exceeds 190 hours there will be a reduction in
the routine weekly overtime payment in the pay period concerned. For details of the reduction please refer to
the section headed Shift Allowance and Rostered Overtime.
New Employees, Employees with no accrued AL or Employees
with less than 190 hours accrued at the commencement of the AWS will also be
paid at the weekly average base rate.
Similarly these Employees will be reimbursed any shortfall on overtime
at the agreed anniversary date.
Pay weeks made up entirely of AL or part thereof will continue
to have the normal 5.428 or 5.429 hours deducted or added to arrive at the
standard 38 hours per week. AL
exceeding 190 hours will be paid at the Hourly Average Base Rate.
AL hours paid (as shown on the payslip) will reflect the
hours taken off their leave balance.
Employees leave balances will not be reduced until the leave is taken.
Sick Leave:
Employees are assumed to take 76 hours of SL each year. Each day of SL will consist of 10.857
hours. The first 76 hours will be paid
at the Hourly Average Base Rate (as described in Ordinary Hours above) with no
further deduction of shift allowance or rostered overtime required.
Whereby an Employee does not take 76 hours of SL, the
balance of overtime and shift allowance underpaid under the AWS will be
reimbursed at an agreed annual anniversary date. Conversely if SL over the course of the year exceeds 76 hours
there will be a reduction in the shift allowance and rostered overtime payments
in the pay period concerned. For
details of the reduction please refer to the section headed Shift Allowance and
Rostered Overtime.
Pay weeks made up entirely of SL or part thereof will
continue to have the normal 5.428 or 5.429 hours deducted or added to arrive at
the standard 38 hours per week. SL
exceeding 76 hours will continue to be paid at the Hourly Average Base Rate.
New Employees, Employees who have utilised their SL or have
less than 76 hours available at the commencement of the AWS will also be paid
at the Hourly Average Base Rate.
Similarly these Employees will be reimbursed any shortfall on overtime
or shift allowance at the agreed anniversary date.
SL hours paid (as shown on the payslip) will reflect the
hours taken off their leave balance.
Employees leave balances will not be reduced until the leave is taken.
Shift Allowance ("SA") and Rostered Overtime
("ROT")
SA is calculated on 30% of the weekly Base Rate (refer
above). SA will be paid in full whereby
an employee attends to commence his shift.
ROT payments are still based on the Ordinary Base Rate
(refer above). The first 1.143 hours of
an employees shift is deemed to be overtime with the remaining time being
ordinary hours. For example an employee
who retires sick after two hours of a 12 hours shift will receive 10 hours sick
leave and have 10 hours deducted from his SL accrual. No ROT would be deducted in this instance.
Each weeks payment of both SA and ROT will be recorded on
the payslip in units of days. The
standard week will consist of 3.5 units (days) of ROT and SA. Any adjustments to SA and ROT will be based
on the daily rate or a percentage of.
The daily rate is calculated as follows:
APS PAYSLIP
|
(4 DAY WEEK)
|
Payslip Nor./Adj.
|
A
|
-5.428
|
|
Payments
|
|
Units $
|
YTD Units
|
Ordinary Ann.
|
0
|
-
|
|
Annual Leave Ann.
|
0
|
-
|
x.xxx
|
Sick Leave Ann.
|
4
|
43.428
|
x.xxx
|
SA and ROT standard weekly payments will not vary except
where:
AL paid exceeds 190 hours for the year, 1 day of ROT
deducted per day (10.857hrs) of excess annual leave;
SL paid exceeds 76 hours for the year, 1 day of ROT and SA
deducted per day (10.857hrs) of excess sick leave;
Payment of Long Service Leave, 1 day of ROT and SA deducted
per day (10.857hrs) of Long Service Leave;
Leave without pay, 1 day of ROT and SA deducted per day
(10.857hrs) of leave without pay;
In general the above deductions are in line with current
practice with the exception whereby an Employee does not attend for any of the
total 3 or 4 shifts for the week due to AL, SA or LSL. In this instance the number of days absent
will continue to be deducted off the applicable ROT or SA.
For example where SL is taken for all 4 days of the week and
the Employees incidence of SL for the current year exceeds 76 hours, an
Employees ordinary wages will be reduced below the Weekly Average Base
Rate. This is a result of 4 days SA and
ROT being deducted from the standard 3.5 ROT and SA. Similarly in the example of a three day week where SL is taken
for all 3 days of the week, ROT and SA are deducted for 3 days. Hence an Employee will receive his Weekly
Average Base Rate plus half a days ROT and SA.
Please refer to Annexure 2 for a detailed example of both scenarios.
Long Service Leave ("LSL"):
LSL will be paid at the Hourly Average Base Rate. No SA or ROT will be paid when in receipt of
LSL. For example a days LSL will mean a
reduction in 1 days ROT and SA.
Pay weeks made up entirely of LSL or part thereof will
continue to have the normal 5.428 or 5.429 hours deducted or added to arrive at
the standard 38 hours per week.
Compassionate Leave:
Compassionate Leave will be paid at the Hourly Average Base
Rate. No SA or ROT will be paid when in
receipt of Compassionate Leave. For
example, a days Compassionate Leave will mean a reduction in 1 days ROT and SA.
Pay weeks made up entirely of Compassionate Leave or part
thereof will continue to have the normal 5.428 or 5.429 hours deducted or added
to arrive at the standard 38 hours per week.
Workers Compensation:
Workers Compensation will be paid as per the Workers
Compensation legislation as may be in place at such time.
Public Holidays:
Public Holiday payments of 7.6 hours per day to a total of
11 days have been totalled and are to be paid over the term of the year on a
weekly basis. These payments will
continue to be paid weekly regardless of the make up of the pay, including time
off without pay in the short term.
Beyond the short term, continuation of Public Holiday
payments will be at management discretion based on individual
circumstances. Management will review
this approach at completion of the trial period.
Other principles applying to Public Holidays are a follows:
Employees rostered off on a Public Holiday will receive payment
as per Award Clause 17.6 and 17.7, already being paid in weekly instalments.
Employees rostered to work will receive an additional 4.4
hours at single time based on the Ordinary Base Rate.
Employees engaged on a Public Holiday but not rostered to
work will be paid at time and a half for all hours worked, as per Award Clause
17.8 based on the Ordinary Base Rate.
Where a Public Holiday falls on a rostered day during an
employees period of AL, 10.857 AL hours will be paid and deducted from the
Employees accrual.
In the event of an additional Public Holiday being declared,
this will be paid during the corresponding pay week as follows:
Employees rostered off will receive payment as per Award
Clause 17.6, 7.6 hours at the Ordinary Base Rate;
Employees rostered to work will receive single time extra at
the Ordinary Base Rate for all hours worked as per Clause 17.7.
Leave Without Pay:
No ROT and SA will be paid when on leave without pay.
Anniversary Date Review:
Once a year at an agreed date Employees will have their year
to date leave reviewed and any outstanding payments will be reimbursed. These will include:
ROT where AL taken for the year is less than 190 hours.
ROT and SA whereby SL taken for the year is less than
76 hours.
Hourly Average Base Rate times the balance of hours
less than -22 hours on the Employees ordinary accrual. This may occur whereby an Employee changes
shifts during the year or works in a relieving position.
Similarly at this anniversary date the Company will recoup overpayments
to Employees. This will include:
Hourly Average Base Rate times the balance of hours greater
than 22 hours on the Employees ordinary accrual. This may occur whereby an Employee changes shifts during the year
or works in a relieving position.
Outstanding payments or reimbursements from Employees are to
be settled within one month of the anniversary date. This period is to allow sufficient time for the balance to be
calculated by the pay office as many anniversary dates will fall simultaneously.
Whereby an Employee finishes with the Company midway through
the year, any outstanding payments or overpayments will be settled in the
employees final pay.
30. Casual &
Temporary Employees
30.1 A Casual
Employee is an employee engaged for a minimum of four and a maximum of twelve
ordinary hours per day.
30.2 Casual
Employees may be engaged on any roster or shift system operating at the
workplace if he or she agrees in writing upon commencing with the Company.
30.3 When engaged on
roster or shifts Casual Employees receive the appropriate shift penalties based
on their ordinary hourly rate of pay for all ordinary hours.
30.4 A Casual
Employees’ ordinary hourly rate is 120% of a Weekly Employees’ hourly rate for
the grade job for which they are competent.
30.5 Ordinary hours
for a Casual Employee will be as per the rostered shift length he or she is
engaged upon.
30.6 Casual
Employees will work no more than 40 hours in a pay week.
30.7 A Temporary
Employee is one engaged for a specific period of at least 38 ordinary
hours. Where an employee is engaged on
a short term temporary basis, ie between 1 and 3 weeks duration, there shall be
a maximum of 5 such engagements per calendar year, unless agreed vacancies or
business needs require.
30.8 Union Delegates
and Management will monitor casual and temporary work on a regular basis.
30.9 As provided for
in the Annual Holidays Act 1944,
Casual Employees will be paid an additional 1/12th of their ordinary earnings
as pro-rata annual leave at the end of the period of engagement.
30.10 As provided for
in the Annual Holidays Act 1944,
Temporary Employees will accrue pro-rata annual leave entitlements. The balance of untaken leave shall be paid
at the end of the period of engagement.
31. Superannuation
As required by the Superannuation
Guarantee (Administration) Act 1992, the Company shall for each Employee,
contribute to a scheme, the appropriate amount as detailed in the Nestlé
Australia Ltd (Superannuation) Award 1987 and the Consent Order of 1990 (C No.
20238 of 1990). ie:
31.1 Weekly
Employees: The Company shall in respect of Weekly Employee contribute to a
Scheme, of which the employee is a member and to which the Company is bound to
contribute pursuant to the relevant Trust Deed of Adherence, an amount equal to
3% of the ordinary time earnings of such employee.
31.2 Casual
Employees: The Company shall in respect of each Casual Employee who has been
employed by the Company for at least 38 hours over a 6 monthly period
contribute to a general industry scheme of which the Employee is a member and
to which the Company is bound to contribute pursuant to the relevant Deed of
Adherence, an amount equal to 3% of the ordinary time earnings of such
Employee.
31.3 "Scheme"
means the Nestlé Australia Retirement Plan, the Meat Industry Employees
Superannuation Fund or any other fund or scheme that comply with the Australian
Governments Operational Standards for Occupational Superannuation Funds.
31.4 "Ordinary
Time Earnings" means the ordinary periodic salary wages or other
remuneration being paid by the Company to the Employee each week including,
where applicable, shift penalties, tool allowance and leading hand allowance,
but not including any bonuses, commission, payment for overtime or other
extraordinary payment, remuneration or allowance.
31.5 Choice of Fund:
Superannuation contributions made by the Company on behalf of the Employees
under this agreement may only be made to the Meat Industry Employees
Superannuation Fund or the Nestlé administered fund, NAGSF. Employees shall have the choice to have
contributions directed to an appropriate fund.
This choice may be exercised as a 1st January each year. The cost of any change will be the
responsibility of the Employee.
32. Redundancy
This Clause is applied in respect of Permanent Employees of
the Company who are employed in the classifications set out in this Award.
32.1 Consultation
and Process:
Prior to any redundancies occurring, there shall be
consultations in accordance with the relevant award/agreement to ensure all
circumstances have been considered and alternative opportunities examined.
Wherever possible, the Company shall endeavour to
minimise the need for redundancies by utilising:
(a) natural
attrition
(b) redeployment
of Employees into other roles/areas accompanied by necessary training
(c) utilisation of
Employees to provide relief cover for Employees on annual leave, long service
leave or undergoing training before voluntary redundancies are sought.
The Company will arrange, wherever possible, for an
Employee who is to be redeployed into another area within their current
location, to gain experience and/or commence training in the new area prior to
the permanent redeployment occurring.
Where confirmation has been given that the employment
of an Employee is to be terminated as a consequence of their job being
redundant, and a vacancy exists which would not normally constitute a suitable
alternative to the Employee’s previous position, an Employee may elect to trial
such position for a period no longer than the notice period.
If at the completion of the trial period the Employee
does not wish to continue in that position, then the Employee will be made
redundant.
Where redundancies are necessary, the Employees
directly affected will receive the first opportunity to accept a redundancy
package. This will be subject to the
Company retaining the experience and skills necessary to meet its business
requirements. Where there are more
volunteers than redundancies, Employees with longer service will have
preference in accessing a package.
If, during the term of this agreement, the Company has
to invoke a redundancy, the Union may seek further discussions with the Company
to ensure all aspects of such a move were fully addressed.
32.2 Redundant
Employees:
Where a decision is taken that a job currently being at
the Smithtown Factory is not to be done by anyone that job will become
redundant.
Where the employment of any Employee(s) to whom this
Agreement applies is terminated as a consequence of jobs being made redundant a
redundancy benefit shall become payable.
A redundancy benefit shall not become payable in the
following circumstances:
(a) Where an
Employee is dismissed for other than redundancy.
(b) Unless an
earlier date is agreed, where an Employee leaves of his/her own accord prior to
the Company nominated date of termination.
This clause does not apply in the case of Probationary
Employees, Casual Employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks.
32.3 Timing of
Departure:
Where the employment of an Employee is to be terminated
as a consequence of jobs being made redundant, the Employee concerned will, wherever
possible, receive confirmation of this two months prior to the nominated date
of termination.
Once the date of termination has been confirmed, should
the Employee request an earlier date of departure due to an offer of
alternative employment, the Company will endeavour, wherever reasonable to
facilitate this either through the use of casual, temporary or existing
permanent staff. If this is not
possible, the Employee should be notified at the earliest opportunity.
Where an earlier date of departure is agreed,
calculation of the redundancy benefit shall be to date of departure.
32.4 General
Assistance:
During the notice period, the Company will consult with
each Employee and provide relevant assistance.
Examples of this might include attendance at a job search and/or resumé
writing workshop; retirement seminar; financial or individual counselling;
skills expansion training. Employees
will be given a reasonable amount of time off to attend such programmes.
32.5 Redundancy
Benefit:
Each redundant Employee shall be entitled to a payment
equal to three weeks’ ordinary pay as a severance payment (see definition of
"ordinary pay" in Clause 32.6).
Each redundant Employee shall also receive a service
payment, which shall be calculated as follows:
A redundant Employee with 3 years service or less will
be paid on termination 3 weeks ordinary pay for each year of service or part
thereof.
A redundant Employee with more than 3 years service
will be paid 4 weeks ordinary pay for each year of service or part thereof.
An age allowance will apply to the above payments as
follows:
45 years of age, to 49 years
of age
|
an
additional 5%.
|
50 years of age, to 54 years
of age
|
an
additional 10%.
|
55 years of age, to 59 years
of age
|
an
additional 15%
|
60 years of age and above
|
an
additional 20%
|
Years of service will be calculated with any part year
treated as a whole year.
Where an Employee has had a break in service, years of service
will be calculated on actual service deemed to be continuous with the current
period of service according to the Long
Service Leave Act 1955 and the applicable award/agreement.
32.6 Ordinary Pay:
In this Agreement, "ordinary pay" means the
remuneration for the Employee’s normal weekly number of ordinary hours of work
calculated at the ordinary time rate of pay at the time of receiving notice of
their redundancy, including shift penalties.
The calculation of the shift penalties will be as
follows:
For the Employee on a fixed shift it would be the
appropriate shift penalties.
For an Employee on a rotating shift it would be the
average of the shift penalties over a normal cycle. In the absence of a normal cycle it will be the average over the
previous six (6) months.
In cases where the Employee has worked shift within the
past twelve (12) months but on the date of termination is not working shift and
therefore not in receipt of shift penalties the calculation is to consider the period
of time that shift was worked within the past twelve (12) months on a pro rata
basis.
32.7 Annual Leave:
Redundant Employees shall receive payment of pro rata
annual leave.
Redundant Employees shall receive the applicable annual
leave loading, as prescribed in their respective award, on all annual leave
both accrued and pro rata on termination.
32.8 Long Service
Leave:
Redundant Employees shall receive a pro rata payment,
which shall commence after one (1) year of continuous employment.
32.9 Superannuation:
Redundant Employees’ superannuation benefits shall be
calculated in accordance with the relevant Superannuation Trust Deeds and
relevant awards/agreements.
33. Trade Union
Training
A pool of ten (10) days in total, without loss of ordinary
pay, in any one calendar year will be allowed for Union Delegates to attend
Company approved Trade Union Courses at an agreed time. A request for leave is to be made at least
three months in advance unless otherwise mutually agreed.
34. Leave to Attend
Union Business
The Company may grant leave of absence without loss of pay
to Union members to attend Union business.
The Company will grant unpaid leave of absence to Union
members to attend Union business if it is advised 14 days prior to the leave the
intended duration of the absence, and the Company is satisfied as to the
relevance of the business to the Smithtown Factory.
Paid or unpaid leave to attend Union business shall be
granted to only one Employee at a time unless agreed between the parties.
35. Area Incidence
and Duration
This Award rescinds and replaces the Nestlé Smithtown
Enterprise Award 1998 published on 16 June 2000 (316 I.G. 574).
It shall apply to all employees of the classifications
specified herein.
It shall take effect on and from 17 October 2001 and shall
remain in force until 29 April 2004.
36. No Extra Claims
No claims will be pursued except where consistent with the
State Wage Case Principles current during the period covered by this agreement.
37. Grade Wage Rates
Table 1 - Grade Wage Rates
Grade 1
|
$564.57
|
Grade 2
|
$575.95
|
Grade 3
|
$593.34
|
Grade 4
|
$611.07
|
Grade 5
|
$653.07
|
Table 2 - Allowance
1. Emergency Team
Allowance
|
$5.67 per week
|
2. First Aid Allowance
|
$7.92 per week
|
3. Meal Allowance
|
$4.90 per meal
|
4. Team
Co-ordinator
|
$42.00 per week
|
Appendix 1
|
Stream
|
Module
|
Laboratory
|
Manufacturing
|
Packaging
|
Skill Level 1 -
Compulsory
|
|
|
|
Apply safe work procedures
|
50
|
50
|
50
|
Apply basic food safety
practices
|
20
|
20
|
20
|
Apply basic Q.A.
practices
|
20
|
20
|
20
|
Communicate in the
Workplace
|
20
|
20
|
20
|
Apply basic
mathematical concepts
|
20
|
20
|
20
|
|
130
|
130
|
130
|
Skill Level 2
|
|
|
|
Work in a team to achieve designated Goals
|
20
|
20
|
20
|
Locate industry & company products & processes
|
20
|
20
|
20
|
Manually clean &
sanitise equipment
|
|
10
|
10
|
Use manual handling
equipment
|
|
20
|
20
|
Shift materials safely
|
|
20
|
20
|
Operate a container
washing process
|
|
15
|
|
Apply sampling
techniques
|
20
|
|
|
Pack product manually
|
|
|
10
|
Conduct routine tests
|
30
|
|
|
|
220
|
235
|
230
|
Skill Level 3
|
|
|
|
Collect, present and apply workplace information
|
30
|
30
|
30
|
Implement OH&S principles and procedures
|
30
|
30
|
30
|
Implement the quality
system
|
30
|
30
|
30
|
Implement the food
safety plan
|
30
|
30
|
30
|
Participate in teams
|
|
20
|
20
|
Measure and calculate routine workplace data
|
30
|
|
|
Operate palletising
equipment
|
|
|
15
|
Conduct minor routine preventative maintenance
|
40
|
40
|
40
|
|
410
|
415
|
425
|
Skill Level 4
|
|
|
|
Implement environmental
procedures
|
30
|
30
|
30
|
Apply sampling
techniques
|
|
|
20
|
Pest prevention and
control
|
40
|
40
|
40
|
Operate a packaging
process
|
|
|
40
|
Participate in a HACCP
team
|
50
|
50
|
50
|
Diagnose and rectify
equipment faults
|
50
|
50
|
50
|
|
580
|
585
|
655
|
Skill Level 5
|
|
|
|
Plan to meet work
requirements
|
20
|
20
|
20
|
Analyse and convey workplace information
|
40
|
40
|
40
|
Facilitate teams
|
|
40
|
40
|
Calculate and present
statistical data
|
40
|
|
|
Food Chemistry
|
60
|
|
|
Food Microbiology
|
60
|
|
|
Manufacturing:
|
|
120
|
|
Malt
Extract/Milo/Nesquik
|
|
|
|
Conduct routine preventative maintenance
|
|
|
50
|
|
800
|
805
|
805
|
Appendix 2
(Effective 29.4.2001)
Cbt
|
Total Module Points
|
Current Employees
|
Employee $ Per
Point
|
Skill Level
|
For Skill Level
|
Lab
|
Manuf
|
Pack
|
Lab
|
Manuf
|
Pack
|
Induction
|
|
0
|
|
564.57
|
564.57
|
564.57
|
|
|
|
Level 1
|
|
130
|
|
576.57
|
576.57
|
576.57
|
0.092
|
0.092
|
0.092
|
|
Lab
|
Manuf
|
Pack
|
|
|
|
|
|
|
Level 2
|
220
|
235
|
230
|
|
|
|
0.043
|
0.043
|
0.043
|
Level 3
|
410
|
415
|
425
|
|
|
|
0.042
|
0.042
|
0.042
|
Level 4
|
580
|
585
|
655
|
|
|
|
0.041
|
0.041
|
0.041
|
Level 5
|
800
|
805
|
805
|
|
|
|
0.097
|
0.097
|
0.097
|
38. Signatures of
Parties
Signed on behalf of
|
|
Nestlé Australia Limited:
|
|
|
Date:
|
|
|
|
Witness:
|
Australasian Meat Industry
|
|
Employees Union:
|
|
|
Date:
|
|
|
|
Witness:
|
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.