LHMW AND TIP
TOP BAKERIES (NSW) ENTERPRISE AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application
by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New
South Wales Branch, industrial organisation of employees.
(No. IRC 4012 of 2000)
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Before Mr Deputy President Grayson
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25 August 2000
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AWARD
PART A
1. Arrangement
PART A
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Clause No.
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Subject Matter
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1.
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Arrangement
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2.
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Savings Provisions
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3.
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Definitions
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4.
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Contract of Employment
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5.
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Apprentices
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6.
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Classifications
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7.
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Wages
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8.
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Allowances
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9.
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Ordinary-time Hours of Work
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10.
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Broken Shifts - Merchandisers Only
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11.
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Meals Breaks
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12.
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Shift and Weekend Loadings
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13.
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Overtime
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14.
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Casual Loadings
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15.
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Redundancy
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16.
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Annual Leave
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17.
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Long Service Leave
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18.
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Flexible Leave
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19.
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Sick Leave
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20.
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Family Leave
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21.
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Jury Service
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22.
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Shortage of Money or Bread
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23.
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Occupational Superannuation
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24.
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Occupational Health and Safety
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25.
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Labour Hire Employees
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26.
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Disputes Procedure
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27.
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Rights of Union Members
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28.
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Area, Incidence and Duration
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PART B
MONETARY RATES
Table 1 - Weekly
(38-Hour) Rates for Full-time Employees
Table 2 - Allowances
Appendix A - Country
Region - Merchandiser Reduced Minimum Start
Appendix 1 -
Classification Level Indicators
2. Savings Provisions
2.1 Doughmaker -
An employee who was employed as a doughmaker on 3 January 1990 and who has been
receiving an additional annual holiday per year, shall continue to receive that
annual holiday whilst ever engaged in that capacity.
2.2 Pre-existing
Rate of Pay - Notwithstanding any other provision of this award, no employee to
whom this award applies who was employed by the Company in the pay week
preceding 3 January 1990 and who has been continuously employed by the Company
since that date, shall be paid an amount per week which is less than the
employee was paid for the employee's ordinary weekly hours of work plus shift
penalty (if any) for that pay week.
2.3 Disputes Re
Matters Not Expressly Provided For - in the event that a dispute arises between
the parties to this award over a matter not expressly provided for under this
award, as introduced and/or as varied from time to time, then if such matter is
expressly provided for under the provisions of the Bread Industry (State) Award
published 20 October 2000 (319 I.G. 505), as varied, (or any successor award to
that award), then the provisions of that award shall apply to the issue in
dispute. To the extent, and for the
time necessary, the matters which this savings provision applies to shall
include (but not be limited to) award coverage, Classification structure,
Merchandisers travel allowance and Redundancy.
3. Definitions
3.1 Full-time
Employee means an employee appointed on a continuing basis for a specified
number of rostered ordinary-time hours each eight weeks, in the range 304 hours
to 320 hours.
3.2 Part-time
Employee means an employee appointed on a continuing basis for a specified
number of rostered ordinary-time hours each week, being less than 38 hours per
week.
3.3. Casual
Employee means an employee who is engaged by the hour for less than 38 hours in
any one week, who is offered work on an intermittent or irregular basis to meet
emergency requirements for staffing, including fluctuations in demand and
leave, who may either accept or reject that offer and who does not acquire, as
a consequence of any engagement, any entitlement to be offered any further
work.
3.4 Company
means George Weston Foods Limited (ACN 008 429 632) trading as "Tip Top
Bakeries".
3.5 Union means
the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South
Wales Branch, industrial organisation of employees.
4. Contract of Employment
4.1 Type of
Engagement - Employees employed under this award may be engaged on either a
full-time, part-time or casual basis, in accordance with the definitions of
those terms as provided under clause 3, Definitions of this Award. All new full-time and part-time employees
employed by the Company shall be given a letter of appointment by the Company
which specifies the type of engagement for which the employee has been employed
and the period of probation (if any) which will be applied, together with a
brief description of the type of work which the employee will be required to
perform and (where relevant) the details of any specific purpose or project for
which the employee has been engaged.
4.2 Probationary
Appointment - A new employee (other than a casual employee) may be appointed on
a probationary basis for a period of up to 13 weeks, subject to the following
provisions:
4.2.1 Assessment -
During any probationary period applied by the Company the probationary
employee's performance will be monitored and any deficiency will be reported to
the employee in writing, together with clear advice as to what changes are
required in his/her performance in order to correct that deficiency.
4.2.2 Termination
of Employment - The employment of a probationary employee may only be
terminated in accordance with the provisions of subclause 4.3 of this clause,
except that where a probationary employee has previously been advised of a
deficiency in the performance of his/her duties but has unreasonably failed to
correct that deficiency, then such employee's employment may be terminated by
the Company with one day's notice or by the payment of one day's pay in lieu of
such notice.
4.2.3 Other
Conditions - Except as is provided by this subclause, the provisions of this
award shall apply equally to probationary employees as to other employees.
4.3 Termination
of Employment - Full-time and Part-time Employees -
4.3.1 Termination
by the Company -
4.3.1.1 An employee
may be summarily dismissed for serious misconduct, being conduct by the
employee of such a nature as would constitute a repudiation by the employee of
his or her contract of employment, including, but not limited to, serious or
wilful misconduct, dishonesty, drunkenness, insubordination, or other similar
major breach of the employee's obligations as an employee. In such cases the employee shall be entitled
only to all wages and holiday pay due to the employee up to the time of such
dismissal.
4.3.1.2 Except in the
case of summary dismissal for misconduct as provided for in subparagraph
4.3.1.1 above, and/or except in the case of dismissal of a probationary employee
for unsatisfactory performance of work as provided for in paragraph 4.2.3
above, and/or (in the case of redundancy) except to the extent that more
beneficial entitlements arise under any redundancy agreement or award
applicable to the employee, the Company will give the following notice of
termination to continuing employees:
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Period of Continuous Service
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Period of Notice
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Less than 1 year
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1 week
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1 year but less than 3 years
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2 weeks
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3 years but less than 5 years
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3 weeks
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5 years and over
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4 weeks
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Provided that where an employee has had greater than two
years continuous service with the Company and is over 45 years of age, an
additional one week's notice will be provided.
4.3.1.3 Payment may be
made in lieu of all or part of the notice prescribed in subparagraph 4.3.1.2
above.
4.3.2 Termination
by Employee - Where a full-time or part-time employee terminates his/her
employment at his/her own discretion, then the employee shall provide the
Company with one week's written notice of termination or shall forfeit one
week's pay in lieu of the said notice.
4.4 Termination
of Employment - Casual Employees - Either party may terminate the employment of
a casual employee by giving not less than one hour's notice, or by the payment
or forfeiture (as the case may be), of one hour's pay in lieu of the said
notice.
4.5 Use of
Available Skills - The Company may direct an employee to carry out such duties
as are reasonably within the limits of the employee's skill, competence and
training, and to use such tools and equipment as may be required, provided that
the employee has been properly trained in the use of such tools and equipment.
4.6 Junior
Employees - Junior employees may be employed by the Company, subject to a limit
of one junior employee per 10, or part thereof, employees 18 years of age or
over.
5. Apprentices
5.1 Employment
of Apprentices - Apprentices shall be employed in accordance with the
provisions of the Industrial and
Commercial Training Act 1989 and the provisions of this award. The period of apprenticeship for persons
entering the trade of bread manufacturing shall be as set out in his/her Deed
of Indenture, the nominal term being four years.
5.2 Fees and
Expenses - The Company shall co-operate with the college in the training of an
apprentice in the manner recommended by the technical college, shall pay the
college fees for instruction of each apprentice for each year of the trade or
correspondence course, and shall reimburse an apprentice for all fares
reasonably incurred in attending the college.
5.3 Training at
College - An apprentice whose place of work and of residence are so situated
that it is reasonably practicable for him/her to attend a college which
conducts the trade course, shall attend such college for study in the trade
course for the period necessary for him/her to qualify in the course and shall
repeat any stage or any subject in a stage of the course which he/she has
failed to complete satisfactorily; provided that an apprentice who, due to
circumstances beyond his/her control, fails in any subject of the course may
continue with the course beyond the normal duration of the course if reports
from the college show that satisfactory progress is being made; and provided
further that an apprentice who fails in any stage of the course may progress to
the next stage of the course if permitted to do so by the college under an
arrangement approved by the Department of Technical and Further Education. Any apprentice who is given time off during
ordinary working hours for the purpose of attending at a college for
instruction and fails to do so shall not be paid for such time off.
5.4 Training by
Correspondence - An apprentice who is not obliged to attend the trade course in
accordance with subclause 5.3 of this clause shall study the trade course by
correspondence, as conducted by the College of External Studies of the
Department of Technical and Further Education.
For the purpose of taking full advantage of the instruction by
correspondence, the apprentice to whom this subclause shall apply, during
ordinary working hours, shall study to carry out assignments of this course for
two hours each week, and the Company shall pay such apprentice his/her wage and
shift penalty rates during such time.
During each stage of the correspondence course the apprentice shall
attend a technical college for training for such period as is required from
time to time by TAFE, provided that satisfactory progress has been made with
correspondence lessons. Such
attendances shall not be undertaken during the period of annual leave, and the
Company shall pay all fees, fares and reasonable accommodation expenses in
connection with the training for each period of four weeks not otherwise made
by the Government of New South Wales.
5.5 Wage Rate on
Completion of Training - An apprentice who passes all stages of the trade
course in the period normally required for its completion and whose workshop
performance is satisfactory shall, during the last six months of apprenticeship
or the balance of apprenticeship, whichever is the less, be paid at the rate,
including shift penalty rates, prescribed for a tradesperson under this award.
6. Classifications
6.1 Competency
Based - It is the intention of the parties to develop a competency-based
classification structure to apply throughout the bread baking and sales
operations of Tip Top Bakeries, and to apply to the Industrial Relations
Commission of New South Wales to vary this award so as to incorporate that new
structure once it is developed. Until
such variation is made, the current classification structure provided for under
clause 4 of the Bread Industry (State) Award shall continue to apply.
6.2 Implementation
of Current Classifications - To ensure that the current classification
structure is applied consistently and fairly, the parties have developed a set
of "Level Indicators" which are intended to provide additional
guidance to employees and supervisors as to an employee's proper classification
level. These "Level
Indicators" are intended to clarify the rights and obligations arising
from the current classification structure, but not to alter those rights and
obligations (see Appendix 1).
7. Wages
7.1 Applicable
Tables - For the purposes of this clause, all references to Table 1 and Table 2
shall be read as references to Table 1 and Table 2, respectively, of Part B,
Monetary Rates, of this.
7.2 Basic Wage -
This award, in so far as it fixes rates of wages for adult employees, is made
by reference and in relation to the adult basic wage as set out in Part B, Monetary
Rates. The said basic wage may be
varied by the Industrial Relations Commission of New South Wales under
subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings,
Transitional and Other Provisions, of the Industrial
Relations Act 1996.
7.3 Minimum
Rates - The minimum adult weekly (38-hour) rate of pay for each classification
is as set out in Table 1. These rates
of pay include the $12 per week arbitrated safety net adjustment payable under
the State Wage Case - June 2000 decision.
7.4 Part-time
Employees - shall be paid an hourly rate of pay calculated by dividing the
weekly (38-hour) award rate for the appropriate classification as set out in
Table 1 by 38 and (where applicable) by applying the loadings specified by
clauses 12 and 13 of this award, with a minimum payment of 10% of the said
weekly (38-hour) award rate for each day on which the employee is rostered to
work ordinary hours, and with a minimum payment of 30% of the said weekly
(38-hour) award rate for each week of employment.
7.5 Casual
Employees - shall be paid an hourly rate of pay calculated by dividing the
weekly (38-hour) award rate for the appropriate classification as set out in
Table 1 by 38 and by applying the loadings specified by clause 14 of this
award, with a minimum payment of 7% of the said weekly (38-hour) award rate for
each engagement. Casual employees shall
be engaged and paid by the hour.
7.6 Apprentices
- shall be paid a percentage of the award rate for a Bread Industry Employee
Level 3 as follows:
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Apprenticeship
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Percentage of Level 3 Rate
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1 Year
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54%
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2 Year
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62%
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3 Year
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71%
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4 Year
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85%
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7.7 Junior
employees, other than apprentices, shall be paid a percentage, according to
age, of the award rate for the appropriate classification for the work being
performed, as set out in Table 1, as follows:
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Age
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Percentage of Appropriate Classification Rate
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Under 17 Years of age
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71%
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At 17 Years of age
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85%
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At 18 years of age
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100%
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Provided that the weekly wage for junior employees under
this subclause shall be calculated to the nearest 10 cents.
7.8 Unauthorised
Absence From Work - Except in the case of employees who are absent from work on
paid leave, an employee not attending for his/her rostered ordinary-time hours
of work shall lose pay for the actual time of such non-attendance.
7.9 Pay Period -
The Company shall fix a pay period which shall be common to all of the
Company's employees except for production supervisors. Once fixed, such pay period shall not be
altered without 14 days notice. In the
event that the Company alters the pay period, then employees shall receive an
additional pay covering all work performed during the interval between the end
of the previously established pay period and the commencement of the new pay
period.
7.10 Payment on
termination of Employment - When employment is terminated all wages and any
other payments due shall be paid at the completion of the last week of
employment.
7.11 Pay Day -
Employees shall be paid on Thursday of each week, in accordance with subclause
7.9 above. Any employee who is not paid on such day shall be paid overtime
rates for all time subsequently worked until payment is made if the
circumstances giving rise to such delay are caused by the company.
7.12 Errors in
Payment of Wages - Should a pay be miscalculated or incorrectly shown on a pay
slip, the right to claim waiting time shall be waived provided that the
employee has been paid the ordinary base rate of pay and provided further that
such underpayment or error is corrected within 24 hours of notification by the
employee to the pay office of the employer concerned. Where such underpayment
or error is not corrected within 24 hours then waiting time as provided by
subclause 7.11 shall apply.
8. Allowances
8.1 Meal
Allowance - An employee required to work overtime for 2 hours or more without
being notified the day before that the employee will be so required to work,
shall be paid a meal allowance as set out in Item 1 of Table 2.
8.2 First-aid
Allowance - An employee who has been trained to render first-aid and who is the
current holder of appropriate first-aid qualifications such as a certificate
from the St. John Ambulance or similar body, and who is appointed by the
Company to perform first-aid duty, shall be paid the amount per week set out in
Item 2 of Table 2.
8.3 Leading
Operator's Allowance - A leading operator, other than a Bread Industry Employee
Level 1, who is responsible for a group of employees, the achievement of their
work task, and on-the-job training, shall be paid, when responsible for a group
of:
8.3.1 up to four
employees - the amount per week set out in Item 3 of Table 2.
8.3.2 more than
four employees - the amount per week set out in Item 4 of Table 2.
8.4 Heavy
Vehicle Driving Allowance - Employees required to drive a vehicle shall be paid
an Allowance in accordance with the Licence required as follows:
Light Rigid (LR) as set out in Item 5 of Table 2 Allowances
of Part B.
Medium Rigid (MR) as set out in Item 6 of Table 2 Allowances
of Part B.
Heavy Rigid (HR) as set out in Item 7 of Table 2 Allowances
of Part B.
Heavy Combination as set out in Item 8 of Table 2 Allowances
of Part B.
8.5 Boiler
Allowance - Where an employee is appointed to be in charge of firing a boiler
and is appropriately certificated by the Department of Industrial Relations,
the employee shall be paid a weekly allowance as set out in Item 9 of Table 2.
8.6 Apprentice's
Allowance -
8.6.1 An apprentice
who gains a pass at the Stage 1 examination of the trade or correspondence
course shall, commencing from the first pay period in the calendar year
following the examination and continuing for the remainder of his/her term of
apprenticeship, be paid a weekly margin as set out in Item 10 of Table 2.
8.6.2 An apprentice
who successfully completes his/her full course in the bread manufacturing trade
or correspondence course of technical training shall, in addition to the margin
prescribed by paragraph 8.6.1 above, commencing from the first pay period in
the calendar year following the examination and continuing for the remainder of
his/her term of apprenticeship, be paid a weekly margin as set out in Item 11
of Table 2.
8.7 Merchandising
Travelling Allowance -
8.7.1 Vehicle
Allowance - Merchandisers shall be paid a daily "Fixed Charges"
Vehicle Allowance for each day on which work is performed (whether as ordinary
time or overtime), and also for each rostered working day on which the
Merchandiser is absent on paid leave, of the amount provided under Item 12 of
Table 2 (as varied in accordance with subparagraph 8.7.2.5).
8.7.2 Travel
Allowance - Merchandisers shall be paid for all distance travelled from arrival
at the first work site to arrival at the last work site during each shift, the
amount per kilometre provided under Item 13 of Table 2.
8.7.3 Adjustment of
Rates - The rates payable for all allowances provided for under Items 12 and 13
of Table 2 of this award shall be adjusted upward by the percentage variation
(if any) in the NRMA rates for a Toyota Camry up to 5 years of age travelling
15,000 kilometres per year, on 14 April each year by the percentage variation
during the 12 months up to 1 January of the same year in the NRMA rate
previously specified.
8.7.4 Home to Work
Travel - Except as provided under subparagraphs 8.7.2.5 and 8.7.2.6, the per
kilometre rates payable under this clause are not payable for distance
travelled by Merchandisers from their home to the first work site serviced
during a shift of work, nor for distance travelled from the last work site
serviced during a shift of work to the Merchandiser's home.
8.7.5 Home to Work
Travel - Change in Merchandiser's Work Sites - If a Merchidser's established
work site/s are altered by the Company in order to meet the needs of the
Company and/or of its clients, and if such alteration is put into effect
without the agreement of the Merchandiser, then any additional distance
travelled by the Merchandiser from home to work and/or from work to home as a
result of that change shall be paid for by the Company at the rate provided for
travel between work sites.
8.7.6 Home to Work
Travel - Relieving Merchandisers - An employee who is appointed as a Relieving
Merchandiser and who is required to carry out work on any day such that her/his
total "home to first site" and "last site to home" travel
exceeds 25 kilometres will be paid for all kilometres in excess of 25 at the
amount per kilometre provided under Item 13 of Table 2.
9. Ordinary-time Hours of Work
9.1 Full-time
Employees -
9.1.1 Average
ordinary-time hours per week - The quantum of ordinary time to be worked (or
taken as paid flexible leave) by a full-time employee shall be specified in the
employee's contract of employment, within the range of not less than 38 hours
nor more than 40 hours per week averaged over each 8-week period, and the hours
so specified shall not be varied without the agreement of both the employee and
the Company. Such ordinary time shall
be worked according to a roster for which the employee has been given at least
2 weeks notice in writing, and any time worked outside of an employee's
rostered ordinary hours shall be paid for as overtime, unless such change to
rostered ordinary hours of work is agreed to by the employee.
9.1.2 Spread of
hours - Full-time employees may be rostered to work ordinary time during any
hour of the day or night, and on any day of the week.
9.1.3 Hours per
shift - Full-time employees shall be rostered to work ordinary-time shifts of
not less than 6 hours nor more than 10 hours per shift. Such shifts shall be unbroken except for an
unpaid meal break taken in accordance with the provisions of this award.
9.1.4 Shifts per
day - Employees shall be rostered to work so that there shall be a break of not
less than 12 hours between the end of each rostered ordinary-time shift and the
start of the next rostered ordinary-time shift.
9.1.5 Shifts per
Roster Cycle - Rosters shall include no more than an average of 5 ordinary-time
shifts per week over a roster cycle of no more than 8 weeks. Within that limit, rosters shall include
groups of up to 5 sequential ordinary-time shifts with each such group of
sequential ordinary-time shifts to be followed by a long break of no less than
48 hours; provided further that by agreement between the Company and all of the
employees affected, a roster may be introduced in a particular workplace (or
section of a workplace) in which there are (across the whole roster cycle) an
average of at least 48 hours per week included within long breaks that are
themselves each of at least 48 hours in duration.
9.1.6 Shift Rotation
- Shifts may be rotated. Different
methods of rotation may apply in respect of particular groups or sections of
employees in a bakery. Where shifts
rotate, the rotation may be weekly, fortnightly, four-weekly or at such other
interval as may be agreed from time to time between the Company and a majority
of employees affected.
9.1.7 12-Hour
Shifts - Leave is reserved to the parties to apply as they may be advised in
relation to the introduction of 12-hour shifts.
9.2 Part-time
Employees -
9.2.1 Ordinary-time
hours per week - Employees working less than 38 hours per week on a regular
basis shall be engaged as part-time employees and each such employee's contract
of employment shall specify the number of hours per week to be worked as
ordinary time (or taken as paid flexible leave) by that employee. Such ordinary time shall be worked according
to a roster for which the employee has been given at least 2 weeks notice in
writing, and any time worked outside of an employee's rostered ordinary hours
shall be paid for as overtime, unless such change to rostered ordinary hours of
work is agreed to by the employee.
9.2.2 Spread of
hours - Each part-time employee's contract of employment shall specify the
spread of hours in which the employee may be rostered to work ordinary hours of
work, provided that there shall not be more than 14 hours between the time
specified as the minimum start time and the time specified as the maximum
finishing time.
9.2.3 Hours per
shift - Part-time employees shall be rostered to work ordinary-time shifts of
no more than 10 hours per shift, provided that where any unbroken shift exceeds
5 hours in duration, then an unpaid meal break shall be taken in accordance
with the provisions of this award.
9.2.4 Spread of
days - Part-time employees shall be rostered to work not more than one
ordinary- time shift (whether as a broken shift or otherwise) on not more than
5 sequential days per week.
Furthermore, for each part-time employee who is engaged to work less
than 28 ordinary-time hours per week the employee's contract of employment
shall specify a number of named days of the week on which the employee will not
be rostered to work, depending on the number of ordinary-time hours per week
for which the employee is engaged, as follows:
9.2.4.1 Less than 28
hours but not less than 20 hours - not to be rostered on 1 named day.
9.2.4.2 Less than 20
hours but more than 12 hours - not to be rostered on 2 sequential named days.
9.2.4.3 Up to and
including 12 hours - not to be rostered on 3 sequential named days.
9.2.5 Part-time
hours of work in writing - Each part-time employee's contract of employment
shall be in writing, signed by the employee and the Company, and shall specify
the total ordinary hours per week to be worked by the employee, the spread of
hours in which the employee may be rostered to work ordinary hours of work, the
days (if any) on which the employee will not be rostered to work ordinary
hours, and (in the case of merchandisers) whether or not the employee will be
required to work broken shifts. This
contract of employment may be varied by agreement between the employee and the
Company, subject to the Company informing the employee that he/she is entitled
to seek advice from the Union prior to agreeing to any change. Provided that the arrangement of working
hours of current part-time employees shall be committed to writing by the
Company and, subject to the agreement of the employee, the matters so committed
to writing shall thereafter constitute the employee's initial contract of
employment under this award.
9.2.6 Country
Region - Merchandiser Reduced Minimum Start
Notwithstanding any other provisions of this Award, by
agreement between the employer and employee, and the secretary of the Union,
merchandisers may work a minimum start of not less than 2 hours. Arrangements made pursuant to this clause
relate exclusively to Merchandisers engaged in remote Country regions. Such
arrangements shall be subjected to a written and signed agreement in the terms
set out in Appendix A of this Award.
9.3 Casual
employees may be engaged to work not more than one ordinary-time shift per day
of no more than 10 hours per shift, provided that where any unbroken shift
exceeds 5 hours in duration, then an unpaid meal break shall be taken in
accordance with the provisions of this award.
10. Broken Shifts -
Merchandisers Only
10.1 Definition -
For the purposes of this award, a broken shift is a single shift in which the
employee's ordinary daily hours of work are worked in two parts that are separated
by a break period of more than one hour, during which the employee is not
required to perform duties and in which the second part of the shift is
completed no more than 12 hours after the start of the first part of the shift.
10.2 Application
of Clause - A merchandiser who is engaged on either a part-time or casual basis
may be required under the terms of his/her contract of employment to work
broken shifts.
10.3 Minimum
Payment for a Broken Shift - A merchandiser who is required to work broken shifts
shall be paid for the total ordinary-time work performed during each such shift
an amount which is not less than 14% of the weekly (38-hour) award rate, such
payment to be in addition to the break period payment prescribed under
subclause 10.4 below.
10.4 Payment for
Break Period - The break period included in a broken shift shall be paid for as
time worked to the extent of 0.6 of one hour plus 15% of the duration of the
break, such payment to be in addition to the minimum broken shift payment
prescribed under subclause 10.3 above, provided that the employee shall not be
paid for any kilometres travelled during the break period.
11. Meal Breaks
11.1 Period of
Meal Break - An employee working a shift of more than 5 hours in duration must
be given and must take an unpaid meal break of not less than 30 minutes and not
more than one hour, to commence not less than 3 hours and not more than 5 hours
after the start of the shift.
11.2 If Meal Break
Not Given - Where a meal break is not given by the Company within 5 hours of
the start of a shift, then the employee concerned shall be paid at the rate of
1.7 times the ordinary-time rate for the period from 5 hours after the start of
the shift until the meal break is given, with a minimum of one half hour's pay
at such rate, provided that an employee may agree to forego payment of the
penalty loading prescribed by this subclause where the continuation of work is
required because of emergency circumstances such as the breakdown of plant or
equipment or the non-scheduled delivery of materials.
11.3 Continuity of
Work - The meal breaks prescribed in this clause shall be given and taken so as
not to interfere with the continuity of work and at times mutually agreed
between the employee and the Company.
11.4 Crib Breaks
for Delivery Drivers - Where an employee is engaged as a Delivery Driver, hours
of work shall be rostered to provide for a paid crib break of not less than
twenty minutes, which shall be counted as time worked.
12. Shift and Weekend Loadings
12.1 Night Shift -
An employee whose ordinary hours of work are between midnight Sunday and
midnight the following Friday and who are rostered within the hours of 6.00
p.m. one day and 5.00 a.m. the following day, shall be paid a shift loading of
20 per cent of the ordinary hourly rate of the employee's classification for
each hour so worked.
12.2 Saturday
Shift - An employee working ordinary hours of work between midnight Friday and
midnight Saturday shall be paid a shift loading of 30 per cent of the ordinary
hourly rate of the employee's classification for each hour so worked.
12.3 Sunday Shift
- An employee working ordinary hours of work between midnight Saturday and
midnight Sunday shall be paid a shift loading of 70 per cent of the ordinary
hourly rate of the employee's classification for each hour so worked.
13. Overtime
13.1 Loading -
Except as provided by subclause 13.2 below, a continuing employee who works
overtime shall be paid at the ordinary hourly rate for the employee's
classification plus a loading of 40% for the first two hours worked and a
loading of 90% for all hours worked thereafter, provided that all overtime
worked between midnight Saturday and midnight Sunday shall attract a loading of
90%.
13.2 Overtime on
Public Holidays - A continuing employee who works overtime between midnight at
the start and midnight at the end of New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Queen's Birthday, Anzac Day, Eight-hour
Day, Christmas Day and Boxing Day, together with any other days proclaimed or
gazetted as a public holiday for the State, shall be paid at the ordinary
hourly rate for the employee's classification plus a loading of 110% for all
hours so worked.
13.3 Call Back -
Where an employee works overtime on any day and such overtime does not
immediately precede or follow ordinary hours of work, then the employee shall
be paid for a minimum of four hours overtime at the appropriate rate.
13.4 Rest Period
After Overtime - An employee who works so much overtime between the termination
of his/her work on one day and the commencement of his/her ordinary work on the
next that he/she has not had at least 10 consecutive hours off duty between
those times, shall either:
13.4.1 be directed by
the Company to remain off duty following the completion of such overtime until
he/she has had 10 consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence;
or
13.4.2 be paid at the
ordinary hourly rate plus a loading of 90% for all ordinary time worked until
he/she is released from duty by the Company for a period of 10 consecutive
hours off duty, with no loss of pay for any ordinary working time occurring
during any such absence.
14. Casual Loadings
14.1 Ordinary Time
- A casual employee engaged to carry out ordinary-time work covered by the
provisions of this award shall be paid at the ordinary hourly rate for the
employee's classification plus the loadings specified below, which shall be in
substitution for all other loadings and leave entitlements under this award and
which shall also include the payment in lieu of annual leave specified for
casual employees under the provisions of the Annual Holidays Act 1944:
14.1.1 Casual Day
Shift - For ordinary time within the hours of 4.00 a.m. and 6.00 p.m. on Monday
to Friday, the loading is (1.15 x (1/12+1.0)-1) x 100 = 25%.
14.1.2 Casual Night
Shift - For ordinary time between midnight on Sunday and midnight on the
following Friday, and within the hours of 6.00 p.m. one day and 4.00 a.m. the
next day, the loading is (1.15 x (1/12+1.2)-1) x 100 = 48%.
14.1.3 Casual
Saturday Shift - For ordinary time between midnight Friday and midnight
Saturday, the loading is (1.15 x (1/12+1.3)-1) x 100 = 60%.
14.1.4 Casual Sunday
Shift - For ordinary time between midnight Saturday and midnight Sunday, the
loading is (1.15 x (1/12+1.7)-1) x 100 = 105%.
14.1.5 Casual Public
Holiday Shift - for ordinary time between midnight at the start and midnight at
the end of New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Queen's Birthday, Anzac Day, Eight-hour Day, Christmas Day, Boxing Day,
together with any other days proclaimed or gazetted as a public holiday for the
State, the loading is (1.15 x (1/12 + 2.1) - 1) x 100 = 151%.
14.2 Overtime - A
casual employee engaged to carry out ordinary-time work covered by the
provisions of this award and who, in the course of carrying out that work,
undertakes further work such as would be payable at overtime rates if it were
performed by an employee employed on a continuing basis, shall be paid at the
ordinary hourly rate for the employee's classification, plus the loadings
specified below, which shall be in substitution for all other loadings and
leave entitlements under this award.
14.2.1 Casual
Overtime - First two hours - For the first two hours of overtime worked between
midnight on Sunday and midnight on the following Saturday the loading is (1.15
x 1.3 - 1) x 100 = 49.5%.
14.2.2 Casual
Overtime - Other hours - For all other overtime except overtime on a public
holiday the loading is (1.15 x 1.7-1) x 100 = 95.5%.
14.2.3 Casual Public
Holiday Overtime - For overtime between midnight at the start and midnight at
the end of New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Queen's Birthday, Anzac Day, Eight-hour Day, Christmas Day and Boxing
Day, together with any other days proclaimed or gazetted as a public holiday
for the State, the loading is (1.15 x 2.1-1) x 100 = 141.5%.
15. Redundancy
Where the Company has made a definite decision that it no
longer wishes the job an employee has been doing done by anyone and this is not
done through the ordinary and customary turnover of labour, and that decision
leads to the termination of employment of the employee i.e. excess to
requirements, the employee shall be entitled to the following redundancy
payments:
- Four (4)
weeks notice or the payment of the balance between the actual notice given and
four (4) weeks.
- Four (4) weeks payment for each year
of service and uncompleted years will be payed on a pro-rated basis.
- The maximum
redundancy payment to any employee shall be 52 weeks.
This clause shall not apply to Casual employees, Apprentices
or employees engaged for a specific period of time or for a specific task/s.
Furthermore, this clause shall not apply where employment is terminated as a
consequence of serious misconduct that justifies dismissal without notice.
16. Annual Leave
16.1 Quantum of
Annual Leave - Employees other than casual employees shall accrue an entitlement
to paid annual leave at the rate of (4 x 60)/52.18 = 4.6 minutes for each hour
of rostered ordinary-time work (or paid leave).
16.2 Payment while
on Annual Leave - Employees other than casual employees shall be paid, while
absent from work on paid annual leave, whichever is the greater of:
16.2.1 the
ordinary-time pay (including all shift and/or weekend penalties) which they
would have otherwise earned during the period of the leave; or
16.2.2 an hourly rate
for each hour of leave calculated by dividing the weekly (38 hour) award rate
for the appropriate classification as set out in Table 1 of Part B of this
award by 38 and adding 17.5 per cent.
16.3 Amount Used -
For each absence on annual leave the employee's accrued annual leave
entitlement shall be reduced by the number of ordinary-time hours which the
employee would normally have worked during the period of that absence.
16.4 Other
Provisions - All other provisions governing annual leave shall be in accordance
with the provisions of the Annual
Holidays Act 1944, provided that the amount prescribed by that Act as
payable to casual employees in lieu of annual leave shall be encompassed within
the loadings for casual employees provided under clause 14 of this award.
17. Long Service Leave
17.1 Quantum of
Long Service Leave - Employees other than casual employees shall accrue an
entitlement to paid long service leave at the rate of (60 x 52.18/6)/(52.18 x
10) = 1 minute for each hour of rostered ordinary-time work (or paid leave).
17.2 Access - Accrued
long service leave shall become available to the employee after ten years
service with the Company or otherwise in accordance with the provisions of the
Long Service Leave Act 1955 governing access to long service leave.
17.3 Payment while
on Long Service Leave - Employees other than casual employees shall be paid,
while absent from work on paid long service leave, the ordinary-time pay
(including all shift and/or weekend penalties) which they would have otherwise
earned during the period of the leave.
17.4 Amount Used -
For each absence on long service leave the employee's accrued long service
leave entitlement shall be reduced by the number of ordinary-time hours which
the employee would normally have worked during the period of that absence.
Other Provisions - All other provisions governing long
service leave shall be in accordance with the provisions of the Long Service Leave Act 1955, including
the provisions of that Act governing long service leave for casual employees.
18. Flexible Leave
18.1 Purpose - The
Flexible Leave System has been introduced to provide continuing employees with
an opportunity to organise their individual working arrangements so as to give
them the best possible balance between their earning capacity and their need
for time away from work for personal needs and/or for family responsibilities.
18.2 Flexible
Leave Bank - At the commencement of this award any existing entitlements to
rostered days off and/or deferred public holidays (which were accrued under
provisions of the Bread Industry (State) Award) will be converted to a money
amount in accordance with the number of accrued hours multiplied by the hourly
rates payable under this award. A
Flexible Leave Bank will be established for each employee and any money amount
due to an employee in relation to these pre-existing entitlements shall be paid
into that employee's Flexible Leave Bank.
18.3 Ongoing
Accumulation - Company's Contribution - The Company shall pay into each
employee's Flexible Leave Bank each pay day an amount equal to 9.6% of the
employee's total earnings for ordinary time worked during that pay period,
including all shift and/or weekend penalties and/or all ordinary-time
allowances paid on a per shift or per week basis, provided that this
contribution shall be increased to 10% from 24 months after the date of
introduction of this award. This
payment shall be in addition to the employee's ordinary-time earnings and shall
be in full substitution for the following matters:
18.3.1 Public Holiday
Payments - Continuing employees shall not be entitled to any additional penalty
loadings for either ordinary time or overtime work on a public holiday beyond
those penalty loadings (if any) which apply generally on that day of the week,
nor shall they be entitled to any payment from the Company for a public holiday
on which they are not required to work.
18.3.2 Shift Workers
Leave - Continuing employees may be required to work shift work but shall only
be entitled to the four weeks annual leave which is prescribed by the Annual Holidays Act 1944.
18.3.3 Restricted
Sick Leave - Continuing employees shall only be entitled to the one week's sick
leave prescribed as a minimum entitlement under Section 26 of the Industrial Relations Act 1996, and such
sick leave shall only be available to employees for absences of two or more
sequential working days which are due to the employee's personal illness or
incapacity and which are supported by a medical certificate for each such
absence.
18.3.4 Bereavement
Leave/Family Leave, etc. - Continuing employees who require time off work in
order to undertake family responsibilities shall be granted such time off in
accordance with the notice requirements as provided under paragraph 18.8.2, but
the payment for that leave shall be drawn from the employee's Flexible Leave
Bank.
18.4 Ongoing
Accumulation - Employee's Contribution - A deduction of 5% shall be made from
each employee's total earnings for ordinary-time worked during each pay period,
including all shift and/or weekend penalties and/or all ordinary-time
allowances paid on a per shift or per week basis, and this amount shall be paid
into the employee's flexible leave Bank, in addition to the Company's
contribution provided for under subclause 18.3 above. The flexible leave accumulated under this subclause shall be in
full substitution for all rights in relation to paid rostered days off
previously provided for under the Bread Industry (State) Award.
18.5 No
Accumulation During Paid Leave - The Company shall not be required to make any
contribution to any employee's Flexible Leave Bank in relation to any payments
made to an employee who is absent on any form of paid leave (including flexible
leave), nor shall any employee’s contribution to his/her Flexible Leave Bank be
made from any such payments for paid leave.
18.6 Payment While
Absent on Flexible Leave - An employee who is absent from work on accrued
flexible leave, in accordance with the notice requirements provided under
subclause 18.8 below, shall be paid the full amount which would have been
payable for the ordinary time that he/she would normally have worked during the
period of that absence, including all shift and/or weekend penalties and/or all
ordinary-time allowances paid on a per shift or per week basis. The amount so paid shall be deducted from
the employee's Flexible Leave Bank.
18.7 Public
Holidays - Flexible Leave On Company's Direction - An employee who is not
required to perform his/her normal duties on a public holiday may be given no
less than one week's notice by the Company that he/she is required to take
accrued Flexible Leave equal to the ordinary time he/she would have otherwise
worked on that day, and if such notice is given then the payment made to the
employee for such absence shall be deducted from the employee's Flexible Leave
Bank. Provided that where an employee
has insufficient credit in his/her Flexible Leave Bank to cover such absences,
then he/she may be directed to take leave without pay for that period.
18.8 Notice
Requirements for Taking Flexible Leave - An employee and his/her supervisor may
mutually agree to the taking of accrued flexible leave at any time, for any
purpose, and over any desired period.
Where such agreement cannot be reached then the employee shall be
granted such leave subject to the following notice requirements:
18.8.1 Absence due to
personal illness or incapacity - If possible prior to, but in any case no later
than 2 hours after, the start of any such absence the employee will inform the
Company of his/her inability to attend for duty, and, as far as practicable,
shall state the nature of the injury or illness and the estimated duration of
the absence. In such cases of leave
without prior written notice the employee may be required to prove to the
satisfaction of the Company that the leave was genuinely necessary due to
his/her personal illness or incapacity, but provided that a medical certificate
shall not be required in relation to the first two such single-day absences in
any one year. Provided further that the
notice requirements in this subclause shall not be enforced where the employee
is unable to give such notice as a result of his/her illness or incapacity.
18.8.2 Absence due to
family responsibility - An employee shall be entitled to take accrued flexible
leave to undertake responsibilities associated with the care and support of a
person who lives in the same domestic dwelling as does the employee and who is
the spouse, de facto spouse, same sex partner, child or relative of the
employee. In such cases the employee
shall, as soon as possible but in any case no later than 2 hours after the
start of any such absence, give the Company notice of the intention to take
flexible leave, the name of the person requiring care and the nature of that
person's relationship to the employee, and the reasons for taking such leave
and the estimated duration of the absence.
If it is not practicable for the employee to give prior notice of
absence, then the employee shall notify the Company by telephone of such
absence at the first opportunity on the day of the absence. The employee shall, if required by the
Company, establish the illness of the person needing the employee's care by
production of a medical certificate or statutory declaration.
18.8.3 Single-day
absences for other purposes - Subject to paragraph 18.8.5 below, an employee
shall be allowed to take accrued flexible leave for a single-day absence where
he/she gives the Company one week's notice of his/her intention to do so.
18.8.4 Multiple-day
absences for other purposes - Subject to paragraph 18.8.5 below, an employee
shall be allowed to take accrued flexible leave of more than one day where
he/she gives the Company two weeks' notice of his/her intention to do so.
18.8.5 Minimum
staffing levels - The Company may refuse to allow an employee to take accrued
flexible leave under paragraphs 18.8.3 and 18.8.4 above, where allowing such
leave would result in the number of employees being absent on paid leave from a
particular section of the bakery to be more than the number of employees as
provided for under paragraph 18.8.6 below, provided that any employee who is
refused leave under this subclause shall be given preference for access to
leave once the staffing level in his/her section recovers. Provided further that employees who are
absent on workers compensation leave or leave without pay shall not be counted
as being absent on leave for the purpose of applying the relevant minimum
staffing levels.
18.8.6 The number of
employees referred to in paragraph 18.8.5 above shall be whichever is the
greater of either one employee or a percentage of employees as agreed between
the Company and the employees in the particular workplace or section, provided
that if agreement cannot be reached as to the percentage applicable under this
subclause then the percentage shall be 15% of the employees employed in that
workplace or section.
18.9 Cashing Out
of Flexible Leave - An employee may draw amounts credited to his/her Flexible
Leave Bank as money rather than as paid leave, or as a combination of paid
leave plus additional money, subject to the following provisions:
18.9.1 Maximum
cash-out - At least 25% of the total money amount paid into an employee's
Flexible Leave Bank must be taken by the employee as paid leave.
18.9.2 Notice
required - The Company may require up to two weeks' notice of an employee's
wish to withdraw money amounts from his/her Flexible Leave Bank.
18.9.3 Minimum amount
- The minimum amount which an employee may withdraw from his/her Flexible Leave
Bank on any one occasion shall be 50% of the total ordinary-time wages
(including all shift and/or weekend penalties and/or all ordinary-time
allowances paid on a per shift or per week basis) which are normally earned by
the employee for one week's work.
18.10 Recording of
Flexible Leave - Flexible Leave System will be administered by the Pay
Department and the amount recorded in each employee's Flexible Leave Bank shall
be updated once each pay period. The
money amount available to each employee as accrued Flexible Leave shall be
shown on the employee's pay slip each pay day.
18.11 Maximum Annual
Carry Over of Flexible Leave - Subject to the restriction imposed by paragraph
18.9.1 of subclause 18.9 of this clause, on the first pay day in June each year
each employee will be paid out any accrued flexible leave credit which exceeds
the amount of ordinary-time wages (including all shift and/or weekend penalties
and/or all ordinary-time allowances paid on a per shift or per week basis)
which are normally earned by the employee for two weeks' work.
18.12 Payment on
Termination - If an employee ceases to be employed by the Company for any
reason whatsoever, then any accrued flexible leave credit owing to that
employee shall be paid to the employee.
This payment shall not be counted for the purposes of any other payment
due to the employee on termination.
19. Sick Leave
19.1 Quantum of
Sick Leave - Employees other than casual employees shall accrue an entitlement
to paid sick leave at the rate of (60 x 1)/52.18 = 1.15 minutes for each hour
of rostered ordinary-time work (or paid leave).
19.2 Access to
Accrued Paid Sick Leave - Employees (other than casual employees) who are
absent from work on account of personal illness or incapacity shall be entitled
to paid sick leave up to the quantum accrued by the employee, provided that
paid sick leave shall not be available to an employee:
19.2.1 during the
employee's first three months of service;
19.2.2 for absences
of less than one sequential working days;
19.2.3 if the
employee fails to provide the Company with an appropriate medical certificate
for the whole period;
19.2.4 if the
employee fails to notify the Company of his/her inability to attend for duty
and/or fails to (as far as practicable) state the nature of the injury or
illness and the estimated duration of the absence. Such notification is to be given if possible prior to, but in any
case no later than 2 hours after, the start of any such absence, provided that
the notice requirements in this subclause shall not be enforced where the
employee is unable to give such notice as a direct result of his/her illness or
incapacity.
19.3 Payment While
on Sick Leave - Employees other than casual employees shall be paid, while
absent from work on paid sick leave, the ordinary-time pay (including all shift
and/or weekend penalties) which they otherwise would have earned during the
period of the leave.
19.4 Amount Used -
For each absence on sick leave the employee's accrued sick leave entitlement
shall be reduced by the number of ordinary-time hours which the employee would
normally have worked during the period of that absence.
19.5 Accumulation
From Year to Year - Any sick leave entitlement which has not been taken in any
year of employment shall accumulate from year to year and may be claimed by the
employee and shall be allowed by the Company (subject to the conditions
prescribed by this clause) in any subsequent year of continuous
employment. For the purpose of this
subclause, service includes any period of absence on paid leave and continuous
service shall be deemed not to have been broken by any period of unpaid leave
granted by the Company or by any unpaid absence from work by reason of personal
illness, injury, or other reasonable cause (proof of which in each case shall
be upon the employee), provided that any such unpaid leave shall not be taken
into account in computing the total period of service for accrual purposes.
19.6 Access Prior
to Approval of Workers Compensation - Employees who have made an application
for payment pursuant to the Workers
Compensation Act 1987, shall be entitled to access accrued sick leave, up
to quantum accrued by the employee, provided that such payment shall be
adjusted with the employer in the event the employee is entitled to workers
compensation payments, so as to ensure that neither the employer or the
employee does not receive both sick leave and workers compensation for the same
period of time.
20. Family Leave
20.1 Entitlement -
In addition to the leave provided under paragraph 18.8.2 of subclause 18.8 of
clause 18, Flexible Leave, but subject in all cases to the agreement of the
Company, an employee (other than a casual employee) who is responsible for the
care and support of a person who lives in the same domestic dwelling as does
the employee and who is the spouse, de facto spouse, same sex partner, child or
relative of the employee, may, for the purpose of undertaking those
responsibilities, elect to:
20.1.1 take unpaid
leave;
20.1.2 take accrued
annual leave not exceeding five days in any calendar year;
20.1.3 take time off
in lieu of payment for overtime worked, at a time or times agreed with the
Company. In such cases the amount of
time allowed off shall be equal to the amount of time worked as overtime. Where
time off in lieu under this provision has not been sought by the employee and
allowed by the Company within 4 weeks of the overtime having been worked by the
employee then the employee shall be paid for the overtime worked at the
overtime rates provided under this award;
20.1.4 take time off
work and then work the same amount of additional time on a later date, at the
ordinary-time rate of pay for the hours so worked, even where the additional
hours so worked would otherwise attract payment at overtime rates under other
provisions of this award.
20.2 Not Limiting
- It is to be understood that paragraphs 20.1.1, 20.1.2, 20.1.3 and 20.1.4 are
intended to be facilitative only, and are not to be read as limiting any rights
and/or obligations of employees and/or of the Company in relation to absences
from work for purposes other than for family leave.
21. Jury Service
21.1 Entitlement -
An employee, other than a casual employee, shall be allowed leave of absence
during any period when required to attend for jury service.
21.2 Payment
During Jury Service - During any leave of absence for jury service an employee
shall be paid the difference between the jury service fees received and the
employee's normal rate of pay.
21.3 Proof - An
employee shall be required to produce to the Company proof of jury service fees
received and proof of requirement to attend and attendance on jury service and
shall give the Company notice of such requirement as soon as practicable after
receiving notification to attend for jury service.
22. Shortage of
Money or Bread
22.1 Loading Slips
- An employee shall be supplied with a copy of the loading slip for each load
taken during the day.
22.2 Notification
- where a shortage of money or bread appears on the face of the employee's book
or statement of delivery and such shortage appears to the Company to be the
result of the employee's negligence or failure to properly carry out his/her
duties then the employee shall be notified of such shortage by the Company, and
given an opportunity of checking same, within 48 hours after the day on which
the entry in the book or statement has been made. Saturdays, Sundays, and
holidays are not to be reckoned in the said 48 hours.
Provided further that an employee shall not be held to be
responsible for moneys stolen by other person/s unless the employee has failed
to properly utilise such method of ensuring the safekeeping of money held in
the Company's vehicle as may be provided by the Company.
Deductions - Where the employee is notified of the shortage
within the period prescribed by sub clause 2 of this clause, the Company may,
each week, until the whole shortage is satisfied, deduct an amount on account
thereof from the wages due to the employee:
provided that the employee is paid a gross sum not less than
two-thirds of the pay prescribed for the employee's classification by this
award;
provided further that in the case of dishonesty or in the
case of termination of services, me full amount of the wages due may be
retained by the Company.
Deductions in respect of shortages notified in accordance
with the provisions of this clause shall commence within 3 months of such
notification and then continue each week until the shortage is repaid,
otherwise the right to deduct shall be forfeited.
22.4 Carry Over of
Overs and Shortages - Employees shall be notified each week of the overs and
shortages. Any overs are to be credited to the employee and shall be available
to meet subsequent shortages; provided that any credit at the end of any
accounting quarter may be forfeited, except that shortages and overs in the
last two weeks of any quarter may be offset against overs or shortages in the
first two weeks of the next quarter.
22.5 More Than One
Employee on a Run - For the purpose of this clause, where more than one
employee is regularly employed delivering on any bread run from one vehicle or
conveyance, each shall be supplied by the Company with a book in which the
employee shall enter daily, the amount of bread that the employee delivers to
each customer served by the employee and any cash received. This subclause shall not apply to an
employee learning the run.
22.6 Responsibility
for Other Deliveries - Unless an employee is furnished with a list of bread and
bread rolls delivered to customers and cash received on the employee's run by
some other person the employee shall not be responsible for the booking
thereof.
23. Occupational Superannuation
Contributions made by the employer in accordance with this
clause, shall be made as follows:
23.1 The employer
shall offer each employee a choice between the Australian Retirement Fund (ARF)
and the George Weston Foods Retirement Fund.
23.2 The employee
shall nominate the fund into which contributions shall be made.
23.3 Contributions
shall comply with legislative and trust deed requirements.
24. Occupational Health and
Safety
24.1 The safety
and health of employees is of great concern to the Company. The Company aims to conduct all its
operations with full regard to the health and safety of employees, customers
and the community and with the utmost consideration for the environment. The
parties to this award recognise the responsibility of all employees of working
in a safe manner at all times in compliance with statutory and local
requirements. The responsibilities of
the Company and all employees are set out in both the George Weston Foods
Limited Safety Policy and the Tip Top Bakeries Safety Strategy.
24.2 Protective
Equipment - The Company shall provide a waterproof cape or coat to employees
when they are required to work outdoors during wet weather and shall provide
all necessary protective clothing so as to ensure the health, safety and
welfare of its employees in accordance with the requirements of the
Occupational Health and Safety Act
1983. The company will provide suitable
protective gloves, masks, ear muffs or ear plugs, footwear and work outer
clothing where the process so requires. An employee who is supplied with any of
the protecting equipment specified herein shall wear or use, as the case may
be, such protective equipment in such a way as to achieve the purpose for which
it is supplied. Such requirements may
be varied to accommodate a certificate from the company’s occupational
physician.
24.3 Bakehouse
Clothing - The Company shall provide and maintain in good order and condition,
for the use of every person engaged in the bakehouse in a manufacturing
process, a sufficient supply of clothing consisting of a suitable head covering
and either an overall or a bib apron or short trousers, provided that short
trousers shall not be provided for the use of any person unless he/she agrees
to wear short trousers. All such
overalls, bib aprons and short trousers shall be of light coloured washable
material and all such head covering shall be of light coloured washable or
disposable material. Each such person
shall be provided with clean clothing at least twice weekly.
24.4 Baskets -
Basket and basket covers, where they are required by the Company to be used,
shall be supplied by the Company. Such baskets shall be washed and basket
covers laundered by the Company.
24.5 Money Bag -
The Company shall provide an employee handling cash with a money bag, if it is
required by the employee.
24.6 Care of
Equipment - Employees are responsible for the care and safekeeping of all
issued equipment and clothing and shall return each article to the Company on
request or on termination of their employment; in default, the Company may
deduct from wages due an amount equal to its replacement value less reasonable
depreciation, having regard to the condition of the item.
25. Labour Hire Employees
The following shall govern conditions under which the
company will engage a labour hire firm:
25.1 The company’s
preference is to carry out as much of the site’s operations as possible with
company employees.
25.2 Notwithstanding
the above, there may be occasions which require the use of a labour hire firm.
Generally, the need for a labour hire firm would occur either because.
(i) A permanent
vacancy has arisen; or
(ii) A
non-permanent vacancy has arisen of a short term.
(iii) An
emergency situation of a short term nature has arisen where customer or
operational requirements have changed
25.3 Where a
permanent vacancy arises, the company may utilise a labour hire firm to recruit
new employees. These employees shall
remain employees of the labour hire firm for no longer than one month. At the completion of that month those same
employees shall be employed by the Company as casual employees for a period to
be not longer than three months for such time that they commenced employment at
the Company. At the completion of the
three month period the said employee shall be made a permanent employee.
25.4 Where a
non-permanent, short-term vacancy arises then the Company may engage the use of
a labour hire firm only where it is agreed that;
(i) existing
employees of the Company, either full-time or casual, are unable to perform the
work to be done; and
(ii) that all
other avenues available have been exhausted by the company to cover the
additional work; and
(iii) that the
company employees who have voluntarily elected to go on the overtime list, have
been asked to cover the vacancy;
(iv) the company
will inform the LHMU delegate/s of the causes giving rise to the engagement of
a labour hire firm;
(v) the
employment of a labour hire firm will not continue for more than one month or
they will become a company casual employee.
25.5 Where a
long-term, non-permanent vacancy arises the Company will;
(i) Offer the
position to an existing Company casual; or
(ii) Where no
existing casual seeks the position the company may offer the position firstly
to an existing labour hire employee or to a newly recruited labour hire firm
employee. The said labour hire employee
will only remain at Tip Top as a labour hire firm employee for no longer than
one month, or for a period mutually agreed between the relevant Department
Manager and the Site LHMU Delegate. Labour Hire employees shall only be engaged
for periods in excess of one month, where such employee is relieving for
absences caused by long service leave, extended annual leave or undefined
periods of workers compensation or sick leave. In the event that the above
categories do not meet particular circumstances, parties may mutually agree on
other arrangements. Following the completion of that month, or agreed period,
the employee will become an employee of the Company as a Fixed Term Employee
pursuant to Clause 4e of this Agreement.
25.6 Where a
company engages a labour hire firm the company’s contract with the labour hire
firm will include the following provisions:
(i) Casuals
will be paid according to the terms and conditions of this Agreement.
25.7 In accordance
with the above, it is also accepted that where a vacancy arise either permanent
or short-term on shift work, the first opportunity to fulfil this vacancy will
be given to existing permanent day shift employees of the Company provided that
the duties as are within the employee's skills and competence.
26. Disputes Procedure
26.1 Any question,
dispute or difficulty arising out of the operation of this Agreement shall be
dealt with in the following manner.
26.2 The employee
involved shall refer the matter to his or her immediate Supervisor/Manager for
resolution. The Supervisor/Manager will, in normal circumstances, provide an
answer within 24 hours.
26.3 Notification
- The employee, or Union on the employees behalf, is required to notify the
Company (in writing or otherwise) as to the substance of the grievance or
dispute, to request a meeting with the Company for joint discussions and to
state the remedies which are sought.
26.4 Graduated
Process - A grievance must initially be dealt with as close to its source as
possible. If the matter is not then resolved the employee may confer with his
or her Union representative within working hours and together the matter will
be discussed with representatives of the Company. There shall be further
discussions and resolutions at higher levels of authority, and responsible time
limits must be allowed for discussions at each level of authority. During this process the employee may be
represented by an officer of the Union.
26.3 Finalisation
- If the matter has not been resolved to the employee's satisfaction by these
discussions, then the Company must provide a written response to the employee's
grievance, including reasons for not implementing any proposed remedy.
26.4 Reference to
Commission - Nothing in this clause shall be taken as limiting either party's
right to refer a matter in dispute to the Industrial Relations Commission of
New South Wales.
26.5 In the event
of a dispute, normal work must continue until an agreement is reached or the
dispute is otherwise resolved.
26.6 The above
procedure will also apply in respect of disputes, questions or difficulties
which relate to more than one employee.
27. Rights of Union Members
27.1 Members - The
Company recognises the right of all employees to become a member of the Union
and to inform the Union of any alleged breach of this award and/or of any
industrial legislation, and to receive the assistance of the Union in claiming
any benefit to which the employee is entitled under this award and/or under any
industrial legislation. Moreover, the Company's standard "application for
employment form" shall contain a section expressly authorising the Company
to forward to the Union such details as are required for an application for
membership of the Union, and also expressly authorising the Company to deduct
such amount by way of Union subscriptions as may apply from time to time under
the rules of the Union, and to remit such subscriptions to the Union.
27.2 Delegates -
The Company shall recognise any duly accredited delegate(s) of the Union where
it is advised by the Union that the person concerned has been elected/appointed
as a delegate in accordance with the rules of the Union, and shall afford such
delegate(s) reasonable assistance in carrying out their Union duties and
functions. In electing delegate(s)
employees shall be mindful of the percentage representation of women within the
bakery workforce and, where possible, shall ensure that women delegate(s) are
encouraged to nominate for such a position. The Union shall supply a list of
all authorised delegates.
28. Area, Incidence and
Duration
28.1 Coverage -
This award shall be binding on the Company in respect of all its employees
employed within the State of New South Wales, who come within the jurisdiction
of the Baking Industry (State) Industrial Committee and/or who are apprentices
to the trade of bread manufacturing, and it shall, except as provided for under
subclause 2.3 of clause 2, Savings Provisions, of this award, rescind and
replace the Bread Industry (State) Award published 20 October 2000 (319 I.G.
505), as varied, to the extent of that coverage.
28.2 This award
rescinds and replaces the Miscellaneous Workers and Tip Top Bakeries (NSW)
Enterprise award published 22 October 1999 (311 I.G. 734).
28.3 Operation -
This award shall take effect from the first pay period to commence on or after
25 August 2000 and shall remain in effect thereafter for a period of 12 months.
PART B
MONETARY RATES
Table 1 - Weekly (38-Hour) Rates for Full-time Employees
|
|
Ordinary-time Rate
of Pay per 38-hour Week
|
|
Classification
|
From 1/8/2000 $
|
|
Level 1
|
643.70
|
|
Level 2
|
588.60
|
|
Level 3
|
561.05
|
|
Level 4
|
520.05
|
|
Level 5
|
492.60
|
|
Level 6
|
463.60
|
Table 2 - Allowances
|
Item No.
|
Brief Description
|
Amount Payable $
|
|
1
|
Meal Allowance (two or more hours overtime without notice)
|
8.40 per meal
|
|
2
|
First-aid (when appointed by Tip Top as first-aid officer)
|
10.90 per week
|
|
3
|
Leading Operator: supervision of up to 4 employees
|
12.30 per week
|
|
4
|
Leading Operator: supervision of more than 4 employees
|
24.40 per week
|
|
5
|
Light Rigid Vehicle Allowance
|
24.85 per week
|
|
6
|
Medium Rigid Vehicle Allowance
|
32.75 per week
|
|
7
|
Heavy Rigid Vehicle Allowance
|
41.00 per week
|
|
8
|
Heavy Combination Vehicle Allowance
|
59.25 per week
|
|
9
|
Boiler Allowance (when appointed in charge of firing a
boiler)
|
10.50 per week
|
|
10
|
Apprentices' Allowance: for stage 1 pass
|
4.70 per week
|
|
11
|
Apprentices' Allowance: on completion of course
|
13.30 per week
|
|
12
|
Merchandising Vehicle Allowance
|
14.10 per day
|
|
13
|
Merchandising Travel Allowance: all travel on rostered
days
|
0.25 per km
|
Appendix 'A'
LHMU and Tip Top Bakeries 2000 (NSW) Enterprise Award
1. The
following arrangement is made pursuant to clause 9.2.6 - Country Region -
Merchandiser Reduced Minimum Start - of the Award, in regard to the following
work locations:
(Location(s) of Establishment)
2. It is
agreed between the parties that the following arrangement for a Country Region
- Merchandiser Reduced Minimum Start for the above location is as follows:
3. This
agreement shall take effect from the beginning of the first full pay period to
commence on or after__________________[insert date] and shall remain in force
for a period of_____________________ being a period no longer than 24 months.
4. Signed on
behalf of George Weston Foods Pty Ltd trading as Tip Top
Signed By:___________________ Name : ________________________
(please
print)
____________________________ Name
: ________________________
(Employee to sign) (please
print)
Signed on behalf of the Australian Liquor Hospitality and
Miscellaneous Workers Union (where required pursuant this Award):
___________________________ Name
: ________________________
(Union Secretary) (please
print)
APPENDIX 1 - Classification Level Indicators
|
BAKEHOUSE
|
Levels
|
|
Responsible for total production
|
1
|
|
Responsible for production line
|
2
|
|
Weighing and mixing of doughs (by hand or electronics)
|
2
|
|
Holder of OBC/trade certificate, or an employee operating
a proofer and/or oven
|
3
|
|
Operating a dough divider
|
4
|
|
Performing tin or tray change or cleaning duties only, and
new employees with less than
|
|
|
6 months and more than 3 months experience
|
5
|
|
New employees with no experience
|
6
|
|
BREADROOM
|
|
|
Responsible for total production/shift
|
1
|
|
Responsible for production area, i.e., slicing area or
loading dock
|
2
|
|
Employee capable of performing duties related to the
operation of more than one slicing
|
|
|
area (i.e., bread and rolls) and loading dock
|
3
|
|
Performing the duties of a slicing operator and/or related
duties, or performing the duties
|
|
|
of making up loads and/or related duties
|
4
|
|
Performing crate washing, or performing the duties of
cleaning the loading dock and/or
|
|
|
slicing area, and new employees with less than 6 months
and more than 3 months
|
|
|
experience
|
5
|
|
New employees with no previous experience
|
6
|
|
DRIVERS
|
|
|
Employee who develops new business opportunities,
understands promotional operations
|
|
|
and understands the sales operations, and who is
responsible for a sales section
|
|
|
|
1
|
|
Employee who is capable of performing more than one bread
run and is called upon to
|
|
|
do so at short notice, or an employee who is classified as
a run supervisor (Vendor relief)
|
|
|
|
3
|
|
Employee who is capable of performing a bread run without
supervision and/or who
|
|
|
performs a single bread run without supervision and/or who
is a Bulk Driver who is
|
|
|
responsible for ordering bread and allied products
|
4
|
|
Bulk Transfer Driver/Bulk Delivery Driver, and/or an
employee who performs a bread
|
|
|
run under supervision, including recording and maintaining
basic records and making
|
|
|
simple written reports
|
5
|
|
New employees with no experience
|
6
|
|
MERCHANDISERS
|
|
|
Employee who is responsible for the co-ordination,
rostering and wages of
|
|
|
Merchandisers and liaises between Merchandisers and
drivers, i.e., Merchandiser Co-
|
|
|
ordinator
|
1
|
|
Employee who performs duties of Levels 4 and 5 and who is
able to advise other
|
|
|
employees on the proper placement of product and of
company fixtures, and who is
|
|
|
responsible for training new employees
|
3
|
|
Employee who performs the duties of Levels 4 and 5 and who
is capable of performing
|
|
|
those duties in more than one run territory and who
assists with on-the job training and
|
|
|
who is expected to be able to change areas at short notice
and to be responsible for
|
|
|
ordering product in a new area, with no previous knowledge
of the area and without
|
|
|
supervision
|
3
|
|
Employee who performs the duties of Level 5 and is called
upon to do more than one
|
|
|
retail outlet at short notice and without supervision
and/or who is responsible for the
|
|
|
ordering of any product and/or who is responsible for
placement of product and
|
|
|
Company fixtures (stands, bins, etc.)
|
4
|
|
Employee who performs the duties of merchandising without
supervision, including
|
|
|
recording and maintaining basic records and making simple
written reports, counting of
|
|
|
bread and allied returns, removal of returns, packing of
products on to stands and general
|
|
|
tidying up, including a new employee who performs these
duties without supervision
|
|
|
|
5
|
|
New employees performing duties under supervision (for a
maximum of up to 3 months)
|
|
|
|
6
|
J. P. GRAYSON,
D.P.
____________________
Baking Industry (State) Industrial Committee
Industries and Callings
Bread salespersons and all persons engaged in or in
connection with the selling and/or delivery of bread or bread rolls or baked
goods (including persons so engaged who are deemed to be employees pursuant to
subclause (e) of Schedule 1 of the Industrial Relations Act 1991), breadroom
hands, and all persons employed in bakeries in or in connection with the
slicing and/or wrapping of bread, loaders, grooms, stablepersons and
yardpersons, employed in connection therewith in the State, excluding the
County of Yancowinna; and
Machine and hand bakers and assistants in the State,
excluding the County of Yancowinna;
excepting -
Engine drivers and firepersons, greasers, trimmers, cleaners
and pumpers engaged in and about the driving of engines, and electrical crane,
winch and motor drivers.
____________________
Printed by the authority of the Industrial Registrar.