WOODMASONS
COLD STORAGE ¾ MINTO
ENTERPRISE
AWARD 1998
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Australian Industry Group New South Wales
Branch, industrial organisation of employers.
(No. IRC 2193 of 1999)
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Before Commissioner O’Neill
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13 July 1999 and 15
December 2000
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AWARD
1. Award Title
The title of this Award shall be the Woodmason’s Cold
Storage ‑ Minto Enterprise Award 1998.
2. Arrangement
1. Award
Title
2. Arrangement
3. Application
4. Definitions
5. Part-time
employment
6. Contract
of employment (notification of change)
7. Disputes
procedure
8. Wage
rates and allowances
9. Payment
of wages
10. Hours and
shift work
11. Overtime
12. Meals and
meal breaks
13. Dressing
time
14. Sundays
and public holidays
15. Sick leave
16. Family
leave
17. Annual
leave
18. Annual
leave loadings
19. Bereavement
leave
20. Parental
leave
21. Long
service leave
22. Jury
service
23. Lateness
24. Training
25. Drug and
alcohol testing of employees
26. Right of
entry
27. Savings
provisions
28. Mixed
functions
29. Redundancy
30. Superannuation
31. Consultative
mechanism (workplace delegates)
32. Undertakings
32A. Anti-Discrimination
33. Date of
registration and duration
APPENDIX A ‑ Wage rates
APPENDIX B ‑ Allowances ‑ cold
temperatures, protective clothing, meals.
APPENDIX C ‑ Seven Day Continuous 12 Hour Shift
Employees
APPENDIX D ‑ Shift Roster
3. Application
This award shall apply to the employment of persons
classified in Clause 4, Definitions, herein by Woodmason Cold Storage Pty Ltd,
401 Pembroke Road, Minto, NSW, 2566.
4. Definitions
4.1 The following
definitions shall apply to this award:
(a) "The
Union" shall mean the Australasian Meat Industry Employees Union New South
Wales Branch.
4.2 The following
employee classifications structure shall apply:
(a) A Grade 8
employee shall be a Senior Leading Hand who will be appointed to reflect the
higher level of responsibility expected of an employee.
(i) Such
appointments, and the number of Grade 8 employees required on individual sites,
will be at the discretion of the employer.
(ii) A Grade 8 may
be the operator to whom a Grade 7 reports.
(iii) Grade 8
employees shall be capable of and may perform any duties of Grades 2‑7.
(b) A Grade 7
employee is one who is appointed as a Leading Hand and is responsible for the
routine operation of a warehouse/cold store or a large section of a
warehouse/cold store.
(i) Shall possess
a highly developed level of interpersonal and communication skills.
(ii) Shall
supervise and provide job direction and guidance to other employees, assistance
in induction and "on the job" training, and attend to matters of
safety and occupational health as well as the disciplining and counselling of
employees under his/her charge.
(iii) May be in
charge of any number of employees as designated by the employer.
(iv) Shall implement
quality control techniques and procedures.
(v) Shall have
appropriate VDU/keyboard skills.
(vi) Shall be
competent to perform the following skills:
• liaising with
management, suppliers and customers with respect to store operations
• maintain
control registers including inventory control and be responsible for the
preparation and reconciliation of regular reports of stock movements,
dispatches etc.
(vii) Shall exercise
discretion within the scope of this grade.
(viii) Grade 7
employees shall be capable of and may perform the duties of Grades 2‑6.
(c) A Grade 6
employee is one who:
(i) Shall have
the knowledge to identify the correct use of cartons in respect of various
export markets.
(ii) Shall be able
to place correct port markings on export cartons and containers.
(iii) Shall be able
to mark and collate individual weights of cartons of export and local
catchweight product.
(iv) Shall attend to
carcass weight procedures and identification of product as defined by
management.
(v) Grade 6
employees shall be capable of and may perform any duties of Grades 2‑5.
(d) A Grade 5
employee is an employee who is wholly or principally engaged in the checking
goods in and out of storage or containers on the employers premises and who may
be required by the employer to perform other duties from time to time.
(i) Shall have
appropriate VDU/Keyboard skills.
(ii) Shall have
basic literacy and numeracy skills.
(iii) Shall be
capable of and may perform any duties of Grades 2-4.
(e) A Grade 4
employee is an employee who is principally engaged in operating machinery for
which a certificate of competency is required (e.g., fork lift operation, fixed
track pallet, stacker crane operation etc.). and:
(i) Shall be
responsible for unloading vehicles.
(ii) Shall attend
to outloading procedures.
(iii) Shall attend
to pallet consolidation, product tying and shrink wrapping if required.
(iv) Shall attend to
battery maintenance and recharging procedures;
(v) Shall carry out
running repairs of a mechanical nature with appropriate training.
(vi) Shall be
involved in scanning operations.
(vii) Shall be
capable of and may perform duties of Grades 2‑3.
NOTE: Employees operating forklifts shall hold the
required certificate of competence pursuant to Section 17 of the Construction
and Safety Act (NSW) as amended.
(f) A Grade 3
employee is an employee who spends not less than two thirds of his working time
performing the function of order picking by carton, and
(i) Shall possess
appropriate VDU keyboard skills.
(ii) Shall be
capable of and may perform any duties of Grade 2.
(g) A Grade 2
employee means an employee handling products or goods received to be
refrigerated, including going into loose trucks or containers and who may be
required to carry/transport products or goods into or out of refrigerated
storage or processing rooms, and:
(i) Shall be
required to operate manual, mechanical or electrical equipment for which no
licence is required.
(ii) Shall stack
or consolidate pallet loads.
(iii) May attend to
battery maintenance and recharging procedures for pallet transporters.
(iv) May be required
to operate an electric scrubber and attend to basic non‑trade
maintenance.
(v) Shall attend to
store cleaning duties of a general nature.
(vi) After proper
training, shall:‑
• be
responsible for the quality of his own work subject to detailed direction;
• work
in a team environment and/or under supervision;
• undertake
duties in a safe and responsible manner;
• possess
basic interpersonal and communications skills;
(vii) Shall be
competent to perform one or more of the following tasks/duties or a combination
thereof:‑
• storing and
packing of goods and materials in accordance with appropriate procedures and/or
regulations;
• preparation
and receipt of appropriate documentation including liaison with suppliers
• allocating
and retrieving goods from specific store areas
• basic
VDU/Keyboard skills
• periodic
housekeeping and stock checks
(h) A Grade 1
employee shall mean a new employee who will remain a trainee for a period of up
to three months, and:
(i) Shall perform
routine duties associated with the operation of a warehouse/store under direct
supervision and requiring minimal judgement.
(ii) Shall receive
in‑house training as may be required.
5. Part-Time
Employment
Due to the exigencies of this service industry part‑time
employment is essential for the future growth of this industry.
5.1 "Permanent
Part‑time employee" means a weekly employee who is employed by the
week to work a minimum of 20 hours and less than 38 hours per week.
5.2 An employee
so engaged shall be paid per hour one thirty‑eighth of the weekly rate
prescribed in Clause 8, Wages for the grade in which the employee is engaged.
5.3 An employee
engaged on a part‑time basis shall be entitled to payments in respect to
annual leave, sick leave, public holidays and bereavement leave, on a
proportionate basis subject to the provisions of the appropriate Clauses of the
award.
5.4 Any part‑time
employee will be given preference for any suitable permanent position in the
Company that may become available.
6. Contract of
Employment
6.1 Employees
shall be employed on a weekly or casual basis.
Where an employee is engaged on a weekly basis the employment may be
terminated by the employee by one weeks notice or forfeiture of a weeks wages
in lieu of such notice or by the employer by giving notice in accordance with
Section 170CM of the Australian Workplace
Relations Act 1996, as amended or by the payment thereof in lieu of such
notice. The scale for notice is:
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Employee’s period of Continuous Service
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Period of Notice
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Not more than 1 year
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At least 1 week
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More than 1 year but not more than 3 years
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At least 2 weeks
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More than 3 years but not more than 5 years
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At least 3 weeks
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More than 5 years
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At least 4 weeks
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The period of notice is increased by 1 week if the
employee is over 45 years old and has completed at least 2 years continuous
service with the employer .
6.2 The employer
shall have the right to deduct payment for any day or portion thereof during
which the employee is stood down as the result of refusal of duty, malingering,
inefficiency, neglect of duty or misconduct on the part of the employee or to
deduct payment for any day which, the employee cannot be usefully employed
because of any strike or through any breakdown of machinery or due to any cause
for which the employer cannot be reasonably be held responsible.
6.3 The employer
shall have the right to dismiss an employee, without notice, for refusal of
duty, malingering, inefficiency, neglect of duty, or misconduct, and in such
cases the wages shall be payable up to the time of dismissal only.
6.4 "Casual
employees" shall mean an employee engaged and paid by the hour. Casual employees may be employed for not
less than four hours at each start and shall be paid at the hourly rate of one‑thirty
eighth of the weekly wage for an appropriate Grade plus a loading of 15 per
centum. The said loading shall compensate
casual employees for sick pay.
NOTE: A casual
required to work on a Saturday and/or a Sunday will be paid the appropriate
loading as set out in Clause 10 of this Award prior to application of the 15%
loading. Furthermore, the rate
prescribed by this clause for casual employment is exclusive of the one‑twelfth
prorata annual holiday entitlement due to casual employees under the terms of
the Annual Holiday Act 1944.
6.5 A
"fixed term employee" shall mean an employee engaged on a weekly
basis for a specified period.
6.6 All new
weekly employees shall serve a probationary period of three (3) months from the
date of commencement of employment with the employer. Provided that any employment as a casual employee which runs
consecutively with the above weekly employment shall be deemed to be part of
the three month period.
6.7 In order to
promote labour flexibility in the industry the following employee duties shall
apply to all employees employed under this award after proper training:
(a) Employees
shall perform such work as is reasonable and lawfully required of them by the
employer including accepting instructions from authorised personnel such as job
superintendent, supervisor or leading hand or from nominated technical
personnel;
(b) Employees
shall comply with all reasonable requests to transfer, or change jobs.
Where the company has made a definite
decision to introduce major changes in warehousing and distribution systems,
procedures, organisations, structure and/or technology that are likely to have
significant effects on the employees, the company shall endeavour to discuss
the relevant issues with the union delegates and notify the AMIEU official/s
prior to any changes being introduced with the relevant employees;
(c) Employees
shall accept responsibility for the quality, accuracy and completion of any job
or task assigned to the employee within the employee’s Grade;
(d) Employees
shall keep in good working order any equipment or materials they are supplied
with;
(e) Employees
shall not impose or continue to enforce existing demarcation barriers between
the work of employees provided that it is agreed that the work lies within the
scope of the skill and competence of the employee concerned;
(f) Employees
shall not impose any limitations or continue to enforce any limitations on ‑
supervisors or technical personnel demonstrating the use of new equipment or
machinery or in emergency situations;
(g) Employees
shall not impose any restrictions or limitations on the measurement and/or
review of work methods or standard work times;
(h) Employees and
the employer shall comply with the relevant Occupational Health and Safety
procedures and the relevant Act.
7. Disputes
Procedure
7.1 Should a
dispute of any nature arise, in the future, at the works of an employer
specifically, the following procedure shall apply:
(a) there shall
not be a cessation of work, which includes the holding, of a stop work meeting;
(b) the dispute
shall forthwith be submitted to the management by the Union delegate;
(c) in the first
instance, the grievance should be dealt with quickly and effectively between
the job delegate/s and the management should there be no resolution, further
discussions will be arranged between the President or Secretary of the Union or
other official(s) designated by the Union and the Company;
(d) During these
discussions, a ‘status quo’ shall remain and work shall proceed normally and,
in a manner that existed prior to the dispute;
(e) if unresolved,
the dispute may be referred to the Industrial Relations Commission of New South
Wales for determination.
7.2 Should a
dispute of any nature arise, in the future, that applies to the industry
generally, the following procedure shall apply:
(a) there shall
not be a cessation of work, which includes the holding of a stop work meeting;
(b) the dispute
shall forthwith be submitted to the Senior Management by the Union;
(c) the Senior
Management shall discuss the dispute with the President or Secretary of the
Union or other official(s) designated by the Union.
(d) failing
agreement the dispute may be referred to the Industrial Relations Commission of
New South Wales for determination.
7.3 In any
event, products shall never be exposed to temperature deterioration.
7.4 Disciplinary
Leave
(a) In lieu of
dismissal for an action other than wilful misconduct the employer and
employees’ representative may agree to direct the employee concerned on
disciplinary leave. Such leave shall be
without pay and shall be for a period of not less than one (1) working day and
not more than 20 working days.
(b) This option
may only be exercised once in any 12 month period for an individual employee.
8. Wage Rates
and Allowances
The minimum rates of pay for each classification and work
related allowances are set out in APPENDICES ‘A’ & ‘B’, attached to this
Award.
9. Payment of
Wages
9.1 Wages shall
be paid by electronic funds transfer, cheque or cash, the method for which is
at the employers discretion.
9.2 Wages may be
paid weekly, fortnightly or monthly by agreement with employee or employer.
9.3 Casual
employees shall be paid weekly.
10. Hours and
Shift Work
10.1 Dayworkers
(a) The ordinary
hours of work shall be an average of 38 hours each week, Monday to Sunday,
worked no more than 5 consecutive days as set out in sub‑clause
10.3. The spread of hours will not
exceed 12 hours, set‑by agreement between the company and appropriate
employee between a range of from 5:00 am and 6:00 pm.
(b) Where ordinary
time is worked on a Saturday, a pay rate equivalent to time and one half [T1½]
of the ordinary pay rate will be paid for all ordinary time worked and for
ordinary time worked on a Sunday, a pay rate equivalent to time and three
quarters [T13/4] of the ordinary pay rate.
(c) An employee
shall not be required to work more than five hours without an unpaid meal break
for lunch except six hours may be worked without a break for a meal by
agreement between the employer and appropriate employee[s]:
(i) Where
employees are working in accordance with the provisions of subclause
10.3(c)(ii); or
(ii) Where a
casual or part‑time employee is engaged to work, no more than 6 hours in
any one day.
10.2 Shift Workers
(a) Definitions:
(i) "Afternoon
shift" means any shift finishing after 7:00 pm and on or before midnight,
Monday to Sunday.
(ii) "Night
Shift" means any shift which finishes after midnight and on or before 7:00
am Monday to Sunday.
(b) Shift
Allowances:
Afternoon shift 20%
Night shift 30%
(c) A paid crib
break of 20 minutes shall be allowed during any afternoon or night shift which
shall be considered the employee’s meal break.
(d) Any overtime
worked on an afternoon shift or night shift shall be paid at the rate of double
time.
(e) Shift workers
rostered on a shift the major portion of which is performed on a Saturday,
Sunday or public holiday shall be paid as follows:
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(i) Saturday:
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At the rate of
double time
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(ii) Sunday:
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At the rate of
double time
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(iii) Public
Holiday:
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At the rate of
double time and a half
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The penalty rates prescribed by this subclause for work on a
Saturday or Sunday shall be payable in lieu of the shift allowances prescribed
in subclause 10.2 (b) hereof.
10.3 Dayworkers and
Shift Workers
(a) The 38 hour
week shall be worked on one of the following basis:
(i) Thirty‑eight
ordinary hours of service shall constitute a week’s work
(ii) The ordinary
hours may be worked in any of the following ways by agreement:
• Five equal
days
• Nineteen
equal days in twenty
• Four equal
days and one short day per week
• Four equal
days per week
• Three equal
days over 5 weeks and four equal days in the sixth week
• Any other
agreed method of implementation which may include an accrual system for a
rostered day off to a pattern determined by the employer with up to 5 days of
accrual.
(iii) Such hours
shall be worked on consecutive days during each week in shifts of not less than
four and not more than twelve consecutive hours, unless agreed between the
employer and the employee[s].
(b) The employer
reserves the right to discuss the flexibility of the rostering of hours with
employees during the life of this Award and furthermore, to withdraw by
agreement between the company and such new employee the provision of rostering
ordinary hours of work around a regular RDO system for employees commencing
employment after the date of registration of this award.
(c) The method or
methods of operating not less than 7.6 hours per day may be any of the
following to be implemented at the discretion of the employer in consultation
with Employee/Union:
(i) by employees
working less than 8 ordinary hours each day; or
(ii) by employees
working less than 8 ordinary hours on one or more days; or
(iii) by rostering
employees off on various days of the week during a particular work cycle so
that each employee has one day during that cycle, where the employee is
rostered to work no more than 8 ordinary hours on each shift of day; or
(iv) by rostering
employees off an various days of the week during a particular work cycle so
that each employee is rostered off on one or more days during that cycle;
(v) Circumstances
may arise where different methods of operating the 38 hour week apply to
different groups or sections of employees with the business of an employer.
(d) Where the
method of implementation is organised in accordance with paragraph (b)(3) and
(b)(4) agreement may be reached between an employer and the employees concerned
to accrue up to a maximum of eight (8) rostered days off.
(e) By agreement
with employees/union concerned, payout of RDOs may occur with a minimum payment
of 5 days and a maximum of 12 days with payout to be a current rates. An employer may postpone the taking of an
RDO (where that is the method of implementation) to another day in the case of
a breakdown in machinery or a failure or shortage of electric power or to meet
the requirements of the business in the event of rush orders or some other
emergency situation. The substituted
day shall be agreed between the employer and the employees/union concerned.
(f) Starting and
ceasing times may be alterable by no less than 48 hours notice. This can be varied where there is agreement
between an employer and the employee(s) concerned.
10.4 Seven day
Continuous 12 Hour Shift Employees
The hours of work, conditions relating to shiftwork, meal
breaks, overtime.
The conditions of service for seven day continuous 12
hours shift employees in respect of hours of work, shiftwork, meal breaks,
overtime and public holidays are detailed in Appendix C of this Award.
11. Overtime
11.1 Except as provided
for in Appendix C ‑ Seven Day Continuous 12‑Hour Shift Employees,
overtime at the rate of time‑and‑one‑half for the first two
hours and double time thereafter shall be paid in the following circumstances:
(a) Where daily
hours exceed the prescribed ordinary hours for the day.
(b) Where the
hours exceed the prescribed ordinary hours for the week.
(c) Before or
after agreed starting and finishing times.
11.2 An employee
called upon to work overtime on a Saturday, Sunday or Public holiday shall be paid
a minimum of four (4) hours except where overtime is worked in conjunction with
the ordinary Rostered hours of work on such days when normal overtime or public
holiday provisions will apply.
12. Meals and Meal
Breaks
12.1 Lunch for
dayworkers shall not be less than half an hour and not more than one hour
between the hours of 11:00 am and 2:00 pm.
Other arrangements as to the lunch time may be made between the employer
and the employee.
12.2 Unless
otherwise agreed to between the employee and the employer, an employee called
upon to work more that one and a half hours after his normal ceasing time shall
be allowed a meal break of not less that one half hour or more than one hour.
This break will be taken by mutual agreement at the end
of his normal ceasing time or at the conclusion of the period of overtime.
12.3 Subject to
subclause 12.2 of this Clause, if no meal hour or less than the prescribed meal
hour is allowed employees shall be paid double the rates awarded for that day
for the difference between the time which they have been allowed off and that
which they should have been allowed off.
12.4 An employee
required to work overtime for more than one and a half hours after the normal
ceasing time shall be paid the amount set out in Schedule B subclause (c)(ii)
of this award for each further four hours worked.
12.5 An employer
may implement measures to enable the employer:
(a) to require the
alteration of a scheduled meal break for one or more employees if the employer
considers such alteration is necessary in order to meet a requirement for
continuity of operations;
(b) to stagger the
taking of meal breaks and rest breaks to meet operational requirements.
When at the date of the 38 hour week coming into
operation, where smokos and time out are provided as part of the agreed breaks,
then smokos shall be deleted for all purposes.
13. Dressing Time
On commencing work for the day, a ‘freezer hand’ employee
shall be allowed ten minutes in which to dress for his work and such time shall
count as time worked.
14. Sundays and
Public Holidays
14.1 The following
days shall be recognised as holidays in the industry: New Year’s Day, Australia
Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day,
Christmas Day, Boxing Day, all proclaimed public holidays for the State and the
annual AMIEU picnic day of which one month’s notice shall be given by Union to
employers.
14.2 For all
overtime worked on a Sunday, double rates shall be paid with a minimum payment
of four hours at such rate.
14.3 Time worked
on holidays defined in this clause shall be paid at the rate of double time and
one‑half with a minimum payment of 4 hours at such rate.
14.4 All weekly
employees shall be paid for the holidays specified in this clause: Provided that such employees do not absent
themselves from work on the working day preceeding or the working day
succeeding such holiday and have not ceased work without permission before the
normal time of ceasing work in either or both of these days.
14.5 When such holidays
fall on consecutive days and employee who works either the working day
preceeding or succeeding such holiday, but not on both shall be entitled to
payment for such holiday closest to the said day on which he works provided he
has not ceased work without permission, on such said day.
14.6 The employers
consider it appropriate that a review of provisions concerning public holidays
and the picnic day occur so as to improve efficiency by increasing flexibility
in this area. The following areas
should be reviewed by agreement with the employee(s) concerned:
(a) Substituting
of days in lieu of the taking of public holidays (including picnic day) during
peak periods;
(b) Where
substitution does occur the day or days may be taken in half day lots by agreement;
(c) No notice
required for the working of a public holiday if it is required for reasons of
an emergency situation or where it is agreed by the employee concerned;
(d) Minimum
payment of 4 hours on public holidays.
14.7 Where an
employee’s work roster does not provide for work on a gazetted public holiday
or union picnic day, the employee shall be entitled to payment for the day at
the appropriate classification rate.
15. Sick Leave
An employee who, after not less than three months continuous
service in employment is unable to attend for duty during the ordinary working
hours by reason of personal illness or personal incapacity (excluding illness
or incapacity resulting from an injury within the Workers’ Compensation Act,
1987, as amended), received in the said employment (not due to personal serious
or wilful misconduct) shall be entitled to to paid for such non‑attendance
the ordinary rate, of pay, subject to the following:
15.1 Where an
employee is absent from duty by reason of incapacity due to injury arising out
of or in the course of his employment and is receiving compensation under the
Workers’ Compensation Act, 1987, as amended, the employer shall pay to such
employee, if he so requests, in addition to such compensation, the difference
between the amount of the compensation and the ordinary time rate of pay
(exclusive of overtime and other penalty payments) with a minimum payment not
exceeding the balance, if any, of entitlement to paid leave of absence under
this Clause.
15.2 An employee shall
where practicable prior to and shall within two (2) hours of the commencement
of such absence (where possible) inform the employer of an inability to attend
for duty and, as far as possible, state the nature of the illness or incapacity
and the estimated duration of absence.
15.3 for the
purpose of ascertaining whether or not an employee is or has been ill and the
particulars thereof (including, where applicable, the estimated duration of his
absence) the employer through any person appointed by it to interview employees
for the purpose state (such appointment being notified to the Union), shall
have the right to interview any employee who is or has been absent from
duty. Where a person so appointed is a
legally qualified medical practitioner the right to interview an employee shall
include the right to examine the employee.
15.4 The employee
shall prove to the satisfaction of the employer an inability on account of such
illness or incapacity, to attend for duty on the day or days for which payment
under this Clause is claimed.
Notwithstanding the above, for absences before or after
public holidays and rostered days off proof by way of medical certificate shall
be supplied, irrespective of the length of absence.
15.5 An employee
shall be entitled in respect of any year of continuous service to sick pay and
pay, supplementary to Workers’ Compensation, in accordance with the following:
(a) In the
first year of service
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After 3 months continuous service
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2 days
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After 6 months continuous service
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further 2 days
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After 9 months continuous service
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further 2 days
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After 1 years continuous service
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further 2 days
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Total paid days sick leave entitlement ‑ 8 days
(b) In the second
and subsequent years of service:
Total paid days sick leave entitlement ‑ 10 days.
(c) Any period of
paid sick leave or pay, supplementary to Workers’ Compensation, allowed by the
employer to an employee, in any such year, shall be deducted from the period of
leave which may be allowed or carried forward under this clause in respect of
such year.
15.6 An employee
shall not be entitled in respect of any year of continued employment to sick
pay and pay supplementary to Workers’ Compensation for more than a total amount
equivalent to payment for eight days in the first year (A employment and ten
days in the second and subsequent years.
Any period of paid sick leave or pay supplementary to Workers’
Compensation allowed by the employer to the employee, in any such year, shall
be deducted from the period of leave which may be allowed or carried forward
under this Clause in respect of such year.
No payment shall be due for illness or incapacity for less than one day.
15.7 The rights
under this Clause shall accumulate from year to year so long as the employment
continues with the employer, so that any part of eight days or ten days which
has not been allowed in any year, may be claimed by the employee and shall be
allowed by the employer, subject to the conditions prescribed by this Clause,
in a subsequent year of such continued employment. Any rights which accumulate, pursuant to this subclause, shall be
available to the employee whilst the employee remains in the employ of the
employer.
15.8 An employee,
who unreasonably refuses the interview or unreasonably refuses or prevents the
examination specified in subclause 14.3 of this clause, shall not be entitled
to payment for the period during which there was an absence from duty.
15.9 For the
purpose of this Clause continuous service shall be deemed not having been
broken:
(a) any absence
from work on leave granted by the employer.
(b) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee); provided that any time
so lost shall not be taken into account in computing the qualifying period of
three months.
15.10 Provided that
once an employee has had three months’ continuous service with the employer a
payment, within the entitlement, shall be made for any absence owing to illness
that occurred during the three months of service.
15.11 Service before
the date of coming into force of this Clause shall be counted as service for
the purpose of qualifying thereunder.
15.12 This Clause
does not apply to casual employees.
16. Family
16.1 Use of Sick
Leave
(a) An employee
with responsibilities in relation to a class of persons set out in subclause
30(c)(ii) below who needs their care and support shall be entitled to use, in
accordance with this subclause, any sick leave entitlement which accrues after
1 June 1997 for absences to provide care and support for such persons when they
are ill.
(b) The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(c) The
entitlement to use sick leave in accordance with this sub‑clause is
subject to:
(i) the employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being either:
1. a spouse of
the employee; or
2. 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 that 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
3. a child or an
adult child (including an adopted child, a step child, a foster child or 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
4. a same sex
partner who lives with the employee on a bona fide domestic basis; or
5. a relative of
the employee who is a member of the same household, where for the purpose of
this paragraph:
A. "relative"
means a person related by blood, marriage or affinity;
B. "affinity"
means a relationship that one spouse, because of marriage has to blood
relatives of the other; and
C. "household"
means a family group living in the same domestic dwelling.
(d) The employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practical for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
16.2 Unpaid leave
for Family Purposes
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care to a family
member who is ill.
16.3 Annual Leave
(a) To give effect
to this clause, but subject to the Annual
Holidays Act, 1944, an employee may elect, with the consent of the
employer, to take annual leave not exceeding five days in any calendar year at
a time or times agreed between them.
(b) Access to
annual leave, as prescribed in paragraph (a) (i) above, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(c) An employee
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.
16.4 Time off in
Lieu of Payment for Overtime
(a) A employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) An employer shall,
if requested by an employee, provide payment, at the rate provided for the
payment of overtime in the award, for any overtime worked under paragraph (a)
(i), of this subclause where such time has not been taken within four weeks of
accrual. Notwithstanding anything
contained elsewhere in the subclause, on notice from the employer, and employee
must elect within six months of accrual, whether to take overtime worked as an
overtime payment or as time off work at the ordinary time rate of pay.
16.5 Make‑up
Time
An employee may elect, with the consent of their
employer, to work make‑up time, under which the employee takes 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.
16.6 Grievance
Process
In the event of any dispute arising in connection with
any part of this clause, such a dispute shall be processed in accordance with
the dispute settling provisions of this award.
17. Annual Leave
17.1 See Annual Holidays Act, 1944
17.2 See Appendix
C in respect of Seven Day Continuous 12 Hour Shift Employees.
18. Annual Leave
Loading
18.1 In this
Clause the Annual Holidays Act, 1944
is referred to as "the Act".
18.2 Before an
employee is given and takes his annual holiday, or, where by agreement between
the employer and employee the annual holiday is given and taken in more than
one separate period, then before each of such separate periods, the employer
shall pay his employee a loading determined in accordance with this Clause.
NOTE: (This obligation to pay in advance does not apply
where an employee takes annual holiday wholly or partly in advance ‑ see
subclause 18.6).
18.3 The loading
is payable in addition to the pay for the period of holiday given, and taken and
due to the employee under the Act and this Award.
18.4 The loading
is to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled under the Act and this Award (but
excluding days added to compensate for public holidays or special holidays
worked or public or special holidays falling on an employee’s rostered day off
not worked), or where such a holiday is given and taken in separate period,
then in relation to each such separate period.
18.5 The loading
is the amount payable for the period or the separate period, as the case may
be, stated in subclause 17.5 of this Clause, at the rate per week of 33.1/3 per
cent of the appropriate ordinary weekly time rate of pay as prescribed by this
Award for the classification in which the employee was employed immediately
before commencing his annual holiday but shall not include any other
allowances, penalty rates, shift allowance, overtime rates or any other
payments prescribed by this Award.
18.6 No loading is
payable to an employee who takes an annual holiday wholly or partly in advance:
Provided that, if the employment of such an employee continues until the day
when he would become entitled under the Act to an annual holiday, the loading
then becomes payable in respect of the period of such holiday and is to be
calculated in accordance with subclause 17.1 of this Clause applying the Award
rates of wages payable on that day.
18.7 Where, in
accordance with the Act the employer’s establishment or part of it is
temporarily closed down for the purpose of giving annual holidays or leave
without pay to the employees concerned:
(a) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such holiday shall be paid the loading calculated in accordance with subclause
17.6 of this Clause.
(b) An employee is
not entitled under the Act to an annual holiday and who is given and takes
leave without pay shall be paid in addition to the amount payable to him under
the Act such proportion of the loading that would have been payable to him
under this Clause if he had become entitled to an annual holiday prior to the
close down as his qualifying period of employment in completed weeks bears to
52.
18.8
(a) When the
employment of an employee is terminated by the company, for a cause other than
misconduct and at the time of termination the employee has not been given and
has not taken the whole of an annual holiday to which he becomes entitled,
he/she shall be paid a loading calculated in accordance with subclause 17.6 of
this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of employee’s employment.
19. Bereavement
Leave
19.1 An employee
shall, on the death of the wife, husband, father, mother, child or step‑child,
brother, sister, mother‑in‑law or father‑in‑law of the
employee, be entitled to leave up to and including the day of the funeral of
such relation. Such leave shall for a
period not exceeding 16 working hours be without loss of any ordinary pay which
the employee would have earned if he had not been on such leave.
19.2 The right to
such leave shall be dependent on compliance with the following conditions:
(a) The employee
shall give the employer notice of intention to take such leave as soon as
reasonably practicable after the death of such relation.
(b) The employee
shall furnish proof of such death to the satisfaction of the employer.
(c) The employee
shall not be entitled to leave under this Clause during any period in respect
of which he had been granted any other leave.
19.3 For the purpose
of this Clause the words wife or husband shall not include a wife or husband
from whom the employee is separated but shall include a person who lives with
the employee as a de facto wife or husband.
19.4 This Clause
does not apply to casual employees.
20. Parental Leave
See Chapter 2, Part 4, of the NSW Industrial Relations Act, 1996.
21. Long Service
Leave
See Long Service Leave
Act, 1955
22. Jury Service
An employee on weekly hiring required to attend for Jury
Service during the ordinary hours of work shall be re‑imbursed by the
employer an amount equal to the difference between the amount paid in respect
of the attendance for such jury service and the amount of wage the employee
would have received in respect of the ordinary time worked had there not been a
requirement for jury service.
An employee shall notify the employer as early as possible
of the date upon which there is a requirement to attend for jury service,
further, the employee shall give to the employer proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
23. Lateness
Where an employee is late for work, the employer shall have
the option of sending the employee home without pay by taking into account such
factors as:
(a) reason for
lateness;
(b) whether the
employer has hired a replacement casual employee.
24. Training
24.1 Workplace
(a) The parties to
this Award recognise that in order to increase the efficiency, productivity and
international competitiveness of the industry, a greater commitment to training
and skill development is required.
Accordingly, the parties’ commitment themselves to:
(i) developing a
more highly skilled and flexible workforce;
(ii) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(iii) removing
barriers to the utilisation of skills required.
(b) Through
consultation with the employees or through the establishment of a training
committee, the employer shall develop a training program consistent with:
(i) the current
and future skill needs of the enterprise;
(ii) the size,
structure and nature or the operations of the enterprise; and
(iii) the need to
develop vocational skills relevant to the enterprise.
24.2 Union
Employees shall be entitled to paid trade union
training leave in accordance with the following provisions:
(a) Leave is to be
confined to workplace delegates or persons who have been elected as workplace
representatives and who have held such similar positions for a period of not
less than 3 months, which may include broken periods of employment;
(b) the company is
to be consulted before the nature and content of the particular course to be
attended is finalised;
(c) leave is to be
confined to 5 days per year for each employee and is not to be cumulative;
(d) The courses
for which leave is granted are those which are conducted by the union (or its
agent) and approved by the union and the company as being relevant to the
industry;
(e) the leave
shall be paid for in accordance with clause 8 of this Award, for the relevant
skill level;
(f) applications
for leave must be made to the company at least two weeks before the course commences;
(g) the union may
nominate no more than eight persons, or half the number of delegates or
representatives whichever is the lesser number, who shall be entitled to leave
at the same time;
(h) the leave may
only be granted where the courses to be attended are such as to improve the
employee’s knowledge of industrial relations or related issues.
25. Drug and
Alcohol Testing of Employees
In keeping with Occupational Health and Safety requirements,
it has been agreed to by the parties to this Award that they will work towards
and acceptable procedure for counselling employees suspected of drug or alcohol
abuse where such abuse may contribute toward workplace safety.
26. Right of Entry
In accordance with Section 297 and 298 of the Industrial Relations Act, 1996, as
amended, an officer of the union duly authorised may enter the premises of any
employer party to this Award. Provided
that such officer shall not wilfully hamper or hinder the employees during ‑
their working time and may interview employees or converse with them in any
lunch‑time or non‑working time.
In all other respects Section 296‑302 of the Industrial
Relations Act, 1996, as amended, shall apply.
27. Savings
Provisions
No employee shall, as a result of the operation of this
award, suffer any loss of wages or other benefits which the employee enjoyed
prior to the operation of the commencement of this award.
28. Mixed
Functions
28.1 Should any
employee engaged at a higher paid class of work be transfixed temporarily to a
lower paid class of work, he shall continue to receive the higher rate during
such transferred temporary employment.
28.2 An employee,
who is required to do work carrying a higher rate than his ordinary
classification for 2 hours or more on any day or shift shall be paid at the
higher rate for the whole day or shift.
28.3 Subject to
subclause (22.2), of this clause, an employee who, on any day or shift, is
required to do work of a higher paid classification for at least one hour shall
be paid the rate prescribed for such work whilst so engaged.
28.4 While
employees are under training and supervised, they will retain existing wage
rates for a training period as a guide of 152 hours (or 4 weeks) (and paid
freezer allowance if working in freezers) in any one job.
29. Redundancy
29.1 Definitions
(a) "Redundancy"
is when an actual reduction in the number of permanent employees employed in
the work area shall occur as a result of economic downturn or technological
change and where alternative employment cannot be found.
(i) Where an
employer initiates a reduction in the number of permanent employees required,
redundancy shall apply; or
(ii) The employer
ceases to carry on the business at the current location and does not offer
transfer and continuing employment at a new location.
(b) "Business"
includes a part of a business.
(c) This Award
shall apply to the permanent weekly work‑force of the Company. Casual employment shall not be included for
the purpose of this Award.
(d) "Ordinary
rate of pay" means that normal weekly payment received by an employee for
the ordinary hours of work at the date of redundancy and shall be determined at
average rate paid for annual leave. It
shall include industry allowances normally paid, such as Leading Hand
allowances, First Aid Allowance, but excludes any shift allowance or overtime
penalty payments.
29.2 Notice of
Redundancy
Where the Company proposes to terminate the employment
of an employee on account of redundancy it shall:
(a) Advise its
employees of the intention to cease operations at least one month in advance
and will give individual employees notice of redundancy. Not withstanding the above, each employee
will be given maximum practicable notice of termination of service.
(b) Any employee
who terminates their employment on a date prior to having received the formal
notice of redundancy hereof will not be eligible for any redundancy payment.
29.3 Seniority
Employees made redundant shall be retrenched after
carefully considering length of service, occupational skills and qualifications
and satisfactory work record. The
selection of employees will be made on the basis of retaining those who best
service the commercial needs of a continuing business. The union will be kept fully informed.
Initially, redundancy may commence on a voluntary basis
but if not enough employees take up voluntary redundancy then the above
criteria will be used to provide sufficient flexibility into this area of
selection.
29.4 Consultation
Where an employer has made a definite decision to introduce
major changes in production, program, organisation structure or technology that
are likely to have significant effects on employees, the employer shall notify
the employees who may be affected.
The employer shall provide to the employees concerned all
relevant information about the changes proposed, and the expected effects of
the changes on employees.
29.5 Redundancy
Payments
For under 12 months weekly service ‑ Nil
At the completion of each 12 months weekly service ‑
as per attached schedule with an overall maximum of 36 weeks base pay.
Completed Years Weekly
Pay
|
1
|
3
|
|
2
|
6
|
|
3
|
9
|
|
4
|
12
|
|
5
|
15
|
|
6
|
18
|
|
7
|
21
|
|
8
|
24
|
|
9
|
27
|
|
10
|
30
|
|
11
|
33
|
|
12
|
36 Maximum
|
29.6 Redundancy
Payments on Termination
In the event of the Company terminating the employment
of an employee on account of redundancy, it shall give the employee a detailed
statement of entitlements where practicable, at least two weeks prior to the
date of termination, together with a statement of service setting out the
employment record and reason for termination of employee. Anyone accepting redundancy shall not be
entitled to be re‑engaged in less than six months.
29.7 Notification to
the CentreLink
Where a decision has been made to terminate the
employment of employee, the employer shall notify Centre Link thereof as soon
as possible, giving relevant information including a written statement of the
reasons for the terminations, the number and categories of the employees likely
to be affected and the period over which the terminations are intended to be
carried out.
29.8 Time off to
Seek a Job
The employee on notice of retrenchment shall be
entitled to time off as per the following scale without loss of pay, in order
to seek other employment, proof of which may be required by the employer.
(a) Employees up
to 3 years, 2 days paid leave to seek other employment.
(b) Employees up
to 5 years, 4 days paid leave to seek other employment.
(c) All other
employees 5 days paid to seek other employment.
29.9 Superannuation
Superannuation shall be paid in accordance with the
relevant trust deed.
29.10 Exceptions
Redundancy shall not apply where employment is
terminated as a consequence of conduct that justified instant dismissal
including malingering, in efficiency, or neglect of duty. Redundancy shall not
apply to casual employees, or for persons engaged to complete a specific task
or tasks.
Redundancy shall not apply where an employee advised of
a pending redundancy, elects to terminate his or her services prior to the date
nominated by the employer.
Employees with less than 12 months weekly service at
the time of retrenchment are not entitled to a severance payment.
29.11 Legal
Entitlements
All legal entitlements will be paid out, such as:‑
(a) Long Service
Leave, after 5 years service;
(b) Annual Leave
and Annual Leave Loading as legally required in New South Wales.
29.12 Access to
Company Facilities
The company shall allow any employee who has been given
notice, and subject to the approval of his supervisor, reasonable access to the
Company's facilities to contact prospective employers and arranging interviews.
29.13 Leaving
Employment During Period of Notice
The company shall permit the employee who has been
given notice to leave employment during that period by giving one weeks pay in
lieu and still receive the redundancy payment prescribed by Clause 5 of this
Redundancy Award in this situation redundancy payments will be calculated up to
ante including the date of termination of employment.
29.14 Review
Whilst the terms for redundancy as contained in this
award are applicable during the terms of the Award, there is agreement between
the parties that on‑going discussions may be held in relation to
redundancy principles.
30. Superannuation
The employer will provide superannuation benefits in
accordance with the requirements of the Superannuation
Guarantee (Administration) Act, 1992.
31. Consultative
Mechanism
31.1 Consultation
Principles
Each plant, enterprise or depot shall establish a
consultative mechanism and procedures appropriate to its size, structure and
needs for consultation and negotiation on matters affecting its efficiency and
productivity.
31.2 Workplace
Delegates
An employee elected as a union delegate shall, upon
notification to the company by the union, be recognised as the accredited union
representative and shall by mutual agreement be allowed necessary time during
working hours to interview employees and or relevant company representatives on
matters affecting the employees of the company.
The union delegate shall with the agreement of the
company, be afforded time to hold union meetings to discuss industrial issues
affecting the employees of the company.
31.3 Union
Recognition
On commencement, all employees are made aware that the
Australian Meat Industry Employee's Union is the site union. All employees shall be provided with an
application form to join the union at the point of recruitment.
31.4 Union
Membership
The company will, upon appropriate employee
authorisation, deduct union membership dues, as levied by the union and in
accordance with its rules, from the pay of the employee who are members of that
union. Such dues collected shall be
forwarded to the union at the beginning of each month together with all necessary
information to enable the reconciliation of subscriptions to members accounts.
32. Undertakings
The parties to this award acknowledge that wage adjustments
granted as a result of negotiations leading to the registration of this award
are based on past productivity gains (up to and including June 1998) and there
is a commitment to continue discussions during the life of this award as either
group of companies or on a company by company basis to further improve
productivity and efficiency.
Furthermore, that whilst the terms of this Award may not
form part of the actual conditions of employment at the employees place of work
at the time or registration, such conditions as set out within the terms of
this Award may me introduced into the workplace at any time during its term and
provided that reasonable and appropriate notice has been given by management to
the affected employees.
32A. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
33. Date of
Registration and Duration
This Award shall be for a nominal period of up to 31 July
2001 and be effective from the first pay period to commence on or after 12
July, 1999 as determined in the NSW Industrial Relations Commission. It rescinds and replaces the Woodmasons Cold
Storage - Minto Enterprise Award 1997 published 22 May 1998 (304 I.G. 1252).
Appendix A
Wage Rates
The minimum Award weekly rate of pay for 38 ordinary hours
per week for each classification shall be adjusted by the specified percentages
from the beginning of the first pay period to commence on or after the below
mentioned dates shall be:
|
|
1/6/97
$
|
3%
Increase
$
|
31/7/98
$
|
3%
Increase
$
|
31/7/99
$
|
2%
Increase
$
|
31/7/2000
$
|
|
Grade 1
|
474.30
|
14.20
|
488.50
|
14.70
|
503.20
|
10.10
|
513.30
|
|
Grade 2
|
474.30
|
14.20
|
488.50
|
14.70
|
503.20
|
10.10
|
513.30
|
|
Grade 3
|
488.70
|
14.70
|
503.40
|
15.10
|
518.50
|
10.40
|
528.90
|
|
Grade 4
|
500.60
|
15.00
|
515.60
|
15.50
|
531.10
|
10.60
|
541.70
|
|
Grade 5
|
509.60
|
15.30
|
524.90
|
15.70
|
540.60
|
10.80
|
551.40
|
|
Grade 6
|
509.60
|
15.30
|
524.90
|
15.70
|
540.60
|
10.80
|
551.40
|
|
Grade 7
|
539.10
|
16.20
|
555.30
|
16.70
|
572.00
|
11.40
|
583.40
|
|
Grade 8
|
552.10
|
16.60
|
568.70
|
17.10
|
585.80
|
11.70
|
597.50
|
Note: The above increases to the rates of pay will apply to
the corresponding classifications or the CPI (NSW) increase reflecting the
preceding year immediately prior to the date of the increase, whichever is the
greater.
Appendix B
Allowances
(a) Freezer
Allowance: An employee performing work in a freezing chamber shall be paid on
the following basis for each hour so worked:
|
Temperatures
* ‑
18°C
* Between
19°C to ‑25°C
* In excess
of ‑25°C
|
Per Hour
$
0.87c
0.92c
1.32
|
(b) The employer
will supply and launder the following protective clothing suitable to the
nature of each employees work: overalls, boots, gloves, or if working in a
freezer room, blanket suit, gloves, freezer boots, suitable head covering and
overalls if requested.
Provided that an employee shall receive a laundry allowance
in lieu of the employer being able to provide laundering for the said
protective clothing as follows:
Overalls $3.24
per week
Freezer suits $8.08
per month
Where employers are providing the above, employees
shall owe a duty of care to the employer of all protective clothing and
equipment supplied to the employee during the course of duty and if the
employee damages or loses the issue wilfully or negligently, the employee shall
reimburse the employer.
(c) Meal Allowance
For the first meal $7.40
For an additional meal $4.65
Refer to sub‑clause 12.4 of clause 12 for the
application of the above allowances.
(d) First Aid
Allowance
Employees holding a current accredited First Aid
Certificate will be paid an allowance of $10.00 per week.
(e) Each of the
Allowances in (a) ‑ (d) above, shall be increase on 31 July each year
commencing 1999 to reflect movements in the CPI (NSW) over the previous 12 months.
Appendix C
Seven Day Continuous 12 Hour Shift Employees
1. HOURS OF WORK
1.1 The ordinary
hours of work shall be 12 hours of work per day/shift and not exceed an average
of thirty‑eight per week.
1.2 The average
hours for day/shift employees will be fixed at the plant level by agreement
between the Company, the Union and the majority of affected employees in a work
section or sections, and may be determined in accordance with a roster
arrangement which provides for the average hours to be calculated over a number
of weeks, or over the duration of the roster, as appropriate.
1.3 The ordinary
hours of work may be worked on any day or all days of the week, Monday to
Sunday. Payment for work performed on
Monday to Friday will be at the rate of ordinary time; payment for work
performed at Saturday will be at the rate of double time, and for work
performed on Sunday at the rate of double time, subject to the provisions of
Clause 11 ‑ Overtime.
1.4 In accordance
with production requirements, seven‑day continuous employees may be
employed on a six day/shift or a five day/shift week, provided that they shall
be employed on an average of 38 hours per week.
2. BREAKS
2.1 Meal Breaks
(a) An employee
shall not be required to work for more than four hours without taking a crib
time unless as mutually agreed.
(b) Each shift of
twelve hours’ duration shall include a total paid crib time and rest period of
seventy minutes made up of two 20‑minute crib breaks and two rest periods
of 15 minutes, which shall be taken and staggered so as not to interfere with
the operation of the plant.
2.2 Rest Period
(a) The rest
period of ten minutes shall be allowed to all employees in the first half of
each day or shift, at a time fixed by the Company, provided that the time of
taking the rest period may vary at the option of the Company as agreed between
the employees.
(b) Suitable
facilities shall be provided by the Company conveniently located in the area
where rest time is to be taken.
3. Overtime
3.1 Payment for
Overtime
For all work outside an employee’s ordinary working hours or
in excess of the normal duration of an employee’s shift, overtime shall be paid
at the rate of double time, except in cases where such overtime is worked by
arrangement between the employees and themselves. Provided that:
(a) where an
employee is given notice to work on his/her rostered day off and the notice is
cancelled within sixteen hours of the time due for the employee to commence,
the employee shall be paid four hour ordinary pay.
(b) there shall be
a paid 10 minute break between the end of the shift and commencement of
overtime.
(c) where an
employee is given notice to work the succeeding shift and the notice is
cancelled, and as a consequence of the notice the employee has remained on the
premises until the prescribed starting time, the employee shall be paid four
hours ordinary pay.
(d) for every two
hours of overtime worked there shall be a paid ten minute paid crib break.
3.2 Reasonable
Overtime
(a) The Company
may require an employee to work reasonable overtime at overtime rates.
(b) Shift
employees recognise their obligation to assist the Company to avoid double
shifts or other overtime caused by the failure to relieve fellow workers by
using every endeavour to notify impending absence from work immediately they
are aware that they will be unable to report for duty as rostered.
4. Shift Work
4.1 Definitions
"Day Shift" means any shift commencing not earlier
than 6:00 am and finishing no later than 6:00 pm.
"Night Shift" means any shift finishing after
midnight and not later than 8:00 am.
"Permanent night shift" shall mean a shift which
is applicable to an employee who:
(a) during a
period of engagement works night shift only; or
(b) remains on
night shift for a longer period than four consecutive weeks; or
(c) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give the employee at least one third of their working time off
night shift cycle.
"Continuous Work" means work carried on with
consecutive shifts throughout the 24 hours of each day of the week (ie 168
hours per week) on a roster arrangement which requires employees to work on any
day of the week including Saturdays, Sundays and Public Holidays.
Provided that the commencement and finishing times of the
shifts as defined may be varied by mutual agreement between the Company, the
Union and the employees.
4.2 Shift
Allowances
(a) An employee
engaged on continuous shift work shall be paid 15% of their classification wage
rate per shift worked on any shift Monday to Friday.
4.3 Weekend
Premiums
(a) Seven days
continuous shift workers for work done on a rostered shift, the major portion
of which is performed on a Saturday, shall be paid a the rate of double time. Such extra rate shall be in substitution for
and not cumulative upon the shift premium elsewhere prescribed.
(b) Seven day
continuous shift workers for work done on a rostered shift, the major portion
of which is performed on a Sunday, shall be paid at the rate of double
time. Such extra rate shall be in
substitution for and not cumulative upon the shift premium elsewhere
prescribed.
4.4 Public Holiday
Premiums
(a) The following
days shall be recognised as holidays in the industry, New Year’s Day, Australia
Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day,
Christmas Day, Boxing Day, all proclaimed public holidays for the State and the
annual AMIEU picnic day of which one month’s notice shall be given by Union to
employers.
(b) Seven day
continuous shift workers for work done on a rostered shift, the major portion
of which is performed on a public holiday, shall be paid at the rate of double
time and a half. Such extra rate shall
be in substitution for and not cumulative upon the shift premium elsewhere
prescribed.
An employee who is not normally rostered to work on a
Public Holiday shall be entitled to to paid at the rate of twelve hours
ordinary pay.
4.5 Summer Time
(Daylight Saving)
Notwithstanding anything contained elsewhere in this
Award in any area where by reason of the legislation of a State, "summer
time" is prescribed as being in advance of the standard time of that State
the length of any shift:
(a) commencing
before the time prescribed by the relevant legislation for the commencement of
a summer period; and
(b) commencing on
or before the time prescribed by such legislation for the termination of a
summer period, shall be deemed to be the number of hours represented by the
difference between the time recorded by the clock in each case to be set to the
time fixed pursuant to the relevant State legislation.
In the sub-clause the expressions "standard
time" and "summer time" shall bear the same meaning by the
relevant State legislation.
4.6 Shift Work
Arrangements
Shift work arrangements shall be agreed between the
Company, employees and the Union in the section or sections concerned.
The agreements reached will reflect those arrangements
best suited to the work of the section or sections concerned and with due
regard to the employees’ health and safety, including:
(a) Roster
arrangements
(b) Supervision
(c) Health
counselling and monitoring
4.7 Shift Changes
(a) An employee
may be required to change from one shift to another, provided that:
(i) The employee
shall be given at least forty‑eight hours’ notice of such change, or
shall be paid at the rate of double time for all ordinary time worked after
such change until the expiration of forty‑eight hours notice.
(ii) Where such
change requires that the employee shall work on a day which otherwise would
have been a rostered day off, the employee shall be paid at the rate of double
time for all time worked on that day unless the employee has received at least
fourteen days’ notice of such requirement.
(iii) Where notice
of a change of shift is cancelled within sixteen hours of the due time of
commencement, the employee concerned shall receive four hours’ ordinary pay.
4.8 Substitution
for Rostered Shifts
An employee may substitute rostered shifts of work with
another employee on the following basis:
• there
is prior arrangement between the employees; and
• the
shifts that are substituted attract the same rate of pay; and
• the
employees concerned have similar skills; and
• two
weeks notice is provided to the employee’s supervisor prior to the
substitution; and
• the
supervisor has approved the substitution;
• where
the substitution occurs there will be no charge to either of the employees’
rate of pay.
5. Annual Leave
5.1 Annual Leave
Entitlement
(a) After
completion of each twelve months’ continuous service with the Company (less
period of annual leave), an employee shall be entitled to five weeks annual
leave for seven day continuous shift employees during ordinary working hours.
(b) An employee
who has worked for part of the year as a shift worker (other than on continuous
shift), and for part of the same year as a continuous shift worker, shall be
entitled to a pro‑rata number of hours calculated to the nearest one
hour.
5.2 Payment for
Annual Leave
Unless requested otherwise each employee, prior to
going on annual leave, shall be paid their earnings to date, and in addition
shall be paid for the period during which annual leave has been allowed.
5.3 Annual Leave
Loading
An employee who is proceeding on annual leave shall be
entitled to the payment of an annual leave loading of 33.3%, or in the case of
a shift worker, the higher of the loading or the average shift earnings on
ordinary rostered time.
5.4 Time of Taking
Annual Leave
(a) As detailed in
the Roster in Appendix D of this Award or such other roster as provided, seven
day 12‑hour continuous shift employees shall take their leave in three
equal parts of 63.3333 hours (or 1.6666 weeks) annually.
(b) Annual leave
shall be given and taken as required by the Company in accordance with the
roster, or as agreed between the employee and the Company.
6. Calculation
of Annual Salary
6.1 Continuous
seven day shift employees shall be paid their average weekly wages as on an
annual basis as per the hours worked in accordance with the Shift Roster ‑
Appendix D of this Award.
All entitlements have been converted to ordinary hours of
pay. Further the roster pattern of Crew
1 as detailed in the Shift Roster ‑ Appendix D of this Award shall be
used as a basis of the following calculations.
|
6.2 (a) Total Hours
Worked
|
(51 weeks)
|
1,920.00
|
|
Converted to 52.14 weeks
|
|
1,962.91
|
|
(b) Total Ordinary
Hours Pay
|
(Including Penalties
Saturday & Sunday) (51 weeks)
|
2,448.00
|
|
Converted to 52.14 weeks
|
|
2,502.72
|
|
(c) Overtime Number of Hours
|
|
|
|
Total Hours Worked
|
|
1,962.91
|
|
Less Required Hours
|
|
|
|
47.14 x 38
|
|
1,791.32
|
|
Overtime Hours
|
|
171.59
|
|
(d) Annual Leave
|
= 5 weeks @ 38 hours =
|
190 hours
|
|
(e) Annual Leave Loading
|
= 190 hours @ 33.3% =
|
63.33 hours
|
|
(f) Shift Allowance
|
|
|
|
Monday ‑ Friday
|
116 shifts (51 weeks)
|
|
|
|
116 shifts x 12
hours =
|
1,392.00 hours
|
|
|
Less overtime
|
171.59 hours
|
|
|
=
|
1,220.41 hours
|
|
|
15% of 1,220.41 =
|
183.06 hours
|
|
|
|
|
|
Summary
|
|
Annual
|
|
Loaded Ordinary Hours
|
|
|
|
(Including Saturday & Sunday Pen.
|
|
2,502.72
|
|
Overtime
|
|
171.59
|
|
Annual Leave
|
|
190.00
|
|
Annual Leave Loading
|
|
63.33
|
|
Shift Allowance
|
|
183.06
|
|
|
|
3,110.70
|
6.3 An employee
is to be paid 3,110.70 hours multiplied by the hourly rate as per Appendix A
for their classification rates as stated in clause 4 of this Award, per annum.
6.4 In the event
of the implementation of a different shift roster, the Company, the employees
and their Union shall hold discussions as to any revised method of the
calculations of an employee’s annual salary.
7. Payment of Wages
7.1 Wages shall
be paid weekly (unless otherwise agreed) into an account nominated by the
employee with a bank or other financial institution recognised by the Company.
7.2 On or prior
to pay day, the Company shall state to each employee in writing the amount of
wages to which the employee is entitled, the amount of deductions made
therefrom and the net amount being paid to the employee.
7.3 Wages due to
an employee upon termination shall be paid on the day of termination or as soon
as practicable thereafter.
7.4 Deductions
from wages shall be made for an employee’s contributions to medical funds,
superannuation and union contributions or for any other purpose for which the
written consent of the employee concerned has been obtained.
8. Other Conditions
of Service
Except as provided in Clause 1‑7 of this Appendix C of
this Award, all other provisions of the Award shall apply to seven day 12‑hour
continuous shift employees.
B. W. O'NEILL,
Commissioner.
__________________
Printed by the authority of the Industrial Registrar.