MPG LOGISTICS PTY LTD (TRICON), WETHERILL PARK DRIVERS CONSENT AWARD,
COMMISSION OF NEW SOUTH WALES
Application by Mayne
Nickless Limited trading as MPG Logistics.
(No. IRC 5985 of 2000)
21 December 2000
Clause No. Subject Matter
2. Purpose of the Consent Award
3. Relationship to Other Awards and
4. Scope and Application
5. Period of Operation
6. Wage Rates
7. Payment of Wages
8. Payment for Meetings and/or Training
9. Public Holidays
11. No Extra
12. Spread of
25. Sick Leave
for the Prevention and Settlement of Disputes
32. Code of
Operational Efficiency Improvement
Vehicle Accident Prevention
Health and Safety Improvement
Table 1 - Permanent Employee
Base Hourly Wage Rates
Table 2 - Casual Employee
Base Hourly Wage Rates
Table 3 - Permanent Employee
Effective Hourly Wage Rates
Appendix - Tricon (Pepsico)
Drivers Effective Hourly Rate
SECTION 1 - INTRODUCTION
This Consent Award shall be titled the MPG Logistics Pty Ltd
(Tricon), Wetherill Park Drivers Consent Award, 2000.
2. Purpose of the
(i) Intent - This
document provides the Company and its employees the opportunity to develop
specific improvements and initiatives within the business. The Company, in conjunction with the Union
and its employees, intends to maintain stable and harmonious employee relations
within the business unit and site, through greater flexibility, a competitive
edge and improved efficiencies and quality services, including:
more dynamic and innovative working arrangements;
improved business and customer service;
new technologies and related initiatives;
opportunities for staff to participate in new
Improvement Activities - The Company and its employees are committed to
identifying and implementing ways to improve productivity and efficiency at the
enterprise level during the life of this document. To this end, the employees shall actively pursue the Company’s
‘Leading Change’ principles and the parties shall examine and mutually agree
specific productivity and efficiency initiatives including, but not limited to,
the introduction of key performance indicators, improved delivery services,
flexible work patterns, work roster modelling and workers compensation
Committee and Union Commitments - The Company and its employees shall maintain
a Consultative Committee to meet at least quarterly to ensure that the
consultative approach to workplace changes continues. The Committee shall monitor the Company’s critical key
performance indicators (KPIs), as well as the effectiveness of this document
and the progress of its jointly developed initiatives. The Company shall continue to set KPIs to
achieve forecast profitability and optimum customer service levels.
(iv) Management and
Staff Commitments - The parties agree that a participative consultation process
shall become more efficient and mutually beneficial by:
dealing honestly and fairly with each other in the
workplace, as well as with the Company’s customers, suppliers and the wider
ensuring that the needs of the business are a joint
consideration when assessing and implementing new initiatives;
ensuring that business and customer interests are not
compromised or impacted by industrial action outside of this document.
3. Relationship to
Other Awards and Agreements
This Consent Award shall be read and interpreted in
(a) the Mayne
Nickless (Pepsico) Wetherill Park Consent Award, 1996;
(b) the MPG
Logistics Pty Ltd - TWU (NSW Branch) Heads of Agreement (Employees A); and
(c) the NSW
Transport Industry (State) Award (as amended).
This Consent Award shall prevail to the extent of any inconsistency
between it and any of the above Agreements/Awards, and the parties shall refer
to the Agreements/Awards in the order listed above if uncertainty arises.
4. Scope and
The terms and conditions of this Consent Award shall apply
to MPG Logistics Pty Ltd located at 350 Victoria Street Wetherill Park
(hereinafter referred to as `the Company’), the Transport Workers Union of
Australia, New South Wales Branch (hereinafter referred to as `the Union’) and
the Company’s drivers and yard persons (seconded from Mayne Nickless Ltd)
engaged in transport and related duties in support of the Tricon contract
(hereinafter referred to as ‘the Employees’).
5. Period of
This Consent Award shall operate from the first full pay
period on and from 1 October 1999, and shall remain in force until 30 September
2002. Further negotiation shall
commence three months prior to the Consent Award expiration, but the document
shall stay in force until replaced.
This award made by the Industrial Relations Commission shall
take effect from the full pay period to commence on or after 21 December 2000.
SECTION 2 - WAGES AND RELATED MATTERS
6. Wage Rates
The employees shall have their base hourly rates of pay and
their effective hourly rates of pay adjusted as set out in Part B - Monetary
Rates, Tables 1 to 3.
Initial Wage Increase.
Rates of pay shall be increased by 3.5% from the first full pay period
on and from 1 October, 1999.
Second Wage Increase.
Rates of pay shall be increased by 3.5% from the first full pay period
on and from 1 October, 2000.
Final Wage Increase.
Rates of pay shall be increased by 3.5% from the first full pay period
on and from 1 October, 2001.
7. Payment of Wages
Employees shall be paid weekly by Electronic Funds Transfer
(EFT). The Company shall normally pay
wages to nominated accounts by the close of business each Wednesday, except
where Public Holidays or other circumstances outside the Company’s control
require that the payday varies, without penalty.
8. Payment for
Meetings and/Or Training
Employees shall normally attend meetings and/or training
sessions during normal working hours.
When required to attend meetings or training sessions outside normal
working hours, employees shall receive seven days notice (or as otherwise
agreed) and shall be paid at the Part B, Monetary Rates, Table 1 - Permanent
Employee, Base Hourly Wage Rates.
9. Public Holidays
The following Public Holidays shall be observed: New Year’s
Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday,
Labour Day, Christmas Day, Boxing Day and Union Picnic Day (which may be
recognised on Easter Saturday), plus any other day which may be gazetted by the
Employees not rostered to work on a public holiday that
falls between Monday and Friday shall be entitled to payment for 7.6 hours at
the Table 1 - Base Hourly Wage Rate.
Employees who work a Public Holiday shall be paid as at the Table 3
‘Public Holiday’ effective hourly rate.
For the avoidance of confusion, the Christmas Day effective hourly rate
shall only be paid to employees working on 25 December. The Company and its
employees may agree to transfer a public holiday to another day better suited
to the needs of the employee(s) and/or the business. The public holiday payment will then defer to the more suitable
An employee who is absent from duty on the days or part
thereof immediately before and/or after a Public Holiday, without the Company’s
permission, shall not be entitled to the Public Holiday payment, unless
providing an acceptable medical certificate or similar documented explanation
immediately upon returning to work.
10. Income Protection
The Company acknowledges that its employees shall have the
option to be covered by an approved Sickness and Accident Income Protection
Plan, and the Company shall support such payments as a ‘before tax’ deduction
and shall administer all deductions and remittances on behalf of the employees.
11. No Extra Claims
There shall be no further wage increases during the life of
this Consent Award, and wages paid pursuant to it are inclusive of State Wage
Case determinations, unless a decision of the Industrial Relations Commission
provides for an increase to flow on to this award or an over-award
payment. It is agreed that specific
productivity gains shall be paid only once.
As resolved by the Heads of award, a consultative committee
is to be established to review and measure the inflationary impact of Goods and
Services Taxation (GST) on wages in real terms, on or after 1st July 2001. The
review may, if appropriate, re-negotiate the wage structure of this Consent
Award only to offset any negative variation.
SECTION 3 - TERMS AND
CONDITIONS OF EMPLOYMENT
12. Spread of Hours
The Company and its employees accept the current site
starting times and, where those times are contrary to the Consent Award spread
of hours, agree that the site starting time shall be deemed to be the
commencement of the spread of hours.
The normal spread of hours may not always be appropriate to
the needs of the business, and greater flexibility may be periodically
required. Any variation to the normal
spread of hours shall be reviewed and agreed between the Company and its
employees, provided that sufficient notice is given to the employee(s) at the
completion of the previous shift(s) worked.
To enhance client needs and ensure effective operational
coverage, innovative working hours shall be maintained, and each employee shall
be prepared to commence duties at starting times to achieve route services in a
timely manner. Employees may exceed 7.6
ordinary hours per day while completing a route, but shall perform a minimum of
38 ordinary hours per week or 152 hours in a four-week period.
14. Flexible Start
To complement customer needs and efficiencies, start times
on routes may be adjusted to ensure a flexible and speedy service, provided
that employees are notified prior to the conclusion of the previous shift or as
15. Flexible Meal
To improve customer service and vehicle utilisation,
employees shall arrange their meal breaks to complement customer activities and
to otherwise eliminate in-transit down time.
Accordingly, meal breaks may be varied to ensure they are taken at a
more convenient time during the shift.
16. Route Reviews
The Company and its employees shall regularly review delivery
routes and route times, and ensure that each remains efficient, effective and
17. New Employees
Any new employee commencing driving duties at the Tricon
site shall enjoy terms and conditions no less favourable than those provided by
New employees shall be subject to a three month probationary
period and, while under probation, shall be paid at the relevant Part B,
Monetary Rates, Table 1 or Table 3 hourly rate for their classification, with
holidays, sick leave and all other entitlements to accrue from the initial
start date. Probationary employees shall receive appropriate supervised
training and induction, and their performances shall be reviewed and discussed
on an ongoing basis. Probationary
employees who are not satisfactory may be terminated by provision of one week’s
notice. Similarly, if the new employee
is not satisfied with any working arrangements, the employee may resign within
the probationary period on provision of one week’s notice. Probationary
employees who successfully complete the probationary period shall be classified
as permanent weekly employees.
19. Casual Employees
Casual employees, whether employed directly by the Company
or through an agency, shall be paid at the Part B, Monetary Rates, Table 2, or
at the Table 3, effective hourly rate plus 15% casual loading and disability
component, as appropriate. Casuals
shall not be eligible for recalls, public holidays, Union Picnic Days, sick
leave, annual leave, bereavement leave, jury service, redundancy or annual
leave loading. Casuals shall receive a
minimum payment of four hours for each start.
The Company may employ Permanent Part-time employees who are
permanently appointed to work fewer hours each week than other full-time
employees. The Company and its
Permanent Part-time employees shall agree the number of hours to be worked at
the relevant Table 1 or Table 3 hourly rate.
Permanent Part-time employees shall work up to the rostered ordinary
hours prescribed for full-time employees working on that shift and shall be
paid at the normal rate of pay. Hours
worked in excess of these hours may also be paid at the applicable overtime
rate. Permanent Part-time employees
shall be entitled to all other entitlements on a pro rata basis.
21. Abandonment of
Employees who are absent from work for three rostered days
without the consent of the Company and who fail to notify their supervisor,
shall be deemed to have abandoned their employment. After the Company has made reasonable efforts to contact the
absentee, the employee shall have his/her employment terminated, and their
entitlements paid up to the last day worked, unless particular reasons are
given within seven working days.
The parties agree that Management Operating Assistance (MOA)
shall apply when the situation is critical eg, when the failure of management
to handle product would cause the significant loss or deterioration of perishable
items or for essential health and safety reasons.
23. Housekeeping and
Employees shall ensure that their equipment and work areas
are maintained in a safe, clean, tidy and efficient state, and may be requested
to undertake other general yard cleaning and housekeeping duties as and when
directed. Drivers shall specifically
conduct Company vehicle and equipment
maintenance tasks, including daily vehicle Trucksafe checks and vehicle
fault reports, and shall ensure that their vehicles are regularly washed and
well presented and the cabin interiors of vehicles are kept clean, tidy and
24. Annual Leave
During normal business activity, a maximum of two employees
may proceed on Annual Leave at the same time from the operation. During reduced activity periods, employees
may be required to take leave to suit the needs of the business. Employees may
also be directed to take Annual Leave when they have accumulated entitlements
in excess of 20 days. Other annual
leave shall be by mutual agreement. The
submission of an Annual Leave request does not constitute the approval of the
leave, and the Company shall inform its employees within seven days of the
submission of the application of the approval or non-approval of the requested
25. Sick Leave
Absenteeism is a significant detrimental cost to the
business and customer service and, to reduce its incidence, the parties agree
that sick leave for two or more consecutive days must be supported with a
medical certificate. In addition, every
day of sick leave absence after a total of four days (from an employee’s sick
leave anniversary) has been taken during the year shall also need to be
verified by a medical certificate.
Failure to provide a certificate for such absences shall result in the
non-payment of wages for the period during which the employee was not at
work. Failure to provide the Company
sufficient prior notice of an absence may result in disciplinary action.
To remain cost-efficient and competitive, the Company must
retain the capacity to quickly and effectively relocate employees and equipment
from one site to another at short notice.
Employees willing to relocate shall be given priority, subject to
qualifications, capabilities and specific skill constraints. Otherwise, employees with the least time
working for the Company shall normally be relocated, subject to relevant
circumstances. Relocated employees
shall be subject to the new site’s Enterprise Agreement, so long as the relocation
is not financially detrimental to the employee. Employees seeking a transfer to a new site for their own
reason(s) shall agree to work to that site’s Enterprise Agreement.
Employees shall, as and when directed by the Company, make
themselves available to work in other activities within their skill, competency
and training, to gain experience in other tasks and functions associated with
the Company’s operational activities, and shall undertake any necessary
training to facilitate multi-skilling.
In particular, the employees may work in the warehouse to gain a
knowledge and better appreciation of product receiving, storage, picking and
28. Future Technology
The Company shall work closely with its customer to develop
new work processes, involving new technologies, to enhance customer service.
The Company and its employees agree that any change to work methods brought
about by process redesign and/or new technology shall be implemented in a
29. 'Leading Change'
The ‘Leading Change’ doctrine actively promotes management
inspiration, a strong leadership example, and effective personnel
decision-making participation, initiative and reward. The Company and its employees embrace these principles, and shall
actively foster the introduction of productivity improvement initiatives. The employees accept that the Company needs
to benchmark distribution performances and may alter work practices, systems
and processes to improve cube rate productivity through a consultative process.
The measurement of vehicle and driver performances and
driver technique is fundamental for competitiveness and employee occupational
health and safety such that, after a structured training programme, employees
shall be required to download their vehicle internal computer systems and to
regularly submit the output to their supervisor.
SECTION 4 - EMPLOYEE PROGRAMMES
31. Procedures for
the Prevention and Settlement of Disputes
The parties are committed to doing everything possible to
avoid an interruption to the operations of the Company and the customer. As such, it is a strict term of this award
that adherence to the dispute procedure shall occur and normal work shall
continue while the procedure is observed.
Disputes Avoidance Procedure -
following disputes avoidance procedure shall apply in the event that a
question, dispute or difficulty arises involving employees and the management
of the Company.
objective of the procedure is to facilitate the resolution of questions,
disputes or difficulties without disruption to the operations of the
Company. It recognises that the intent
of the parties is to support the timely and orderly closure of issues that
arise in the workplace from time to time.
Stage 1 - the matter shall first be discussed at the
workplace level between employees and relevant management. If an employee so requests, the TWU delegate
may be present during the discussions.
(After Stage 1 is completed, there is a 48 hours cooling off period
where the status quo is retained).
Stage 2 - if the matter is not settled, conferences
shall be held between the appropriate TWU official and management. (After Stage 2, there is a further 48 hours
cooling off period where the status quo is retained).
Stage 3 - if the matter is still not settled it shall
be discussed between the TWU Branch Secretary (or nominee) and the
Company. (After Stage 3, there is a
further 48 hours cooling off period where the status quo is retained).
Stage 4 - the matter is then referred to the Industrial
Relations Commission of New South Wales for conciliation. The IRC may make a
determination which is binding on the parties where there is no likelihood
that, within a reasonable period, conciliation or further conciliation will
result in agreement.
Safety issues shall be dealt with as determined with the
OH&S Committee or the relevant State OH&S body, as appropriate.
Essential Services - eg, blood and other medical supplies
and perishable items shall not be interrupted through industrial
disputation. Additionally, where
specific Agreement exemptions/priority services have been agreed, these shall
continue to apply.
Perishable items shall be defined as any produce that may
spoil if not delivered, despatched and appropriately warehoused within the
manufacturer’s guidelines for timing.
This shall include but not be limited to temperature controlled goods.
‘Status Quo’. ‘Status
quo’ is defined as the practice in place prior to the dispute. If the ‘status quo’ cannot be agreed, the
procedure is to ‘fast track’ to the IRC with no commitment given.
This settlement of disputes procedure shall apply to any
dispute or claim (whether it arises out of this award or not) as to the wages
or conditions of employment or employees employed by the Company.
32. Code of Conduct
The Company and its employees acknowledge that the Code of
Conduct principles and guidelines are to ensure that employees clearly
understand their responsibilities and obligations relating to acts of
dishonesty, Company policy and general discipline.
are required to:
effectively perform their duties in support of business
objectives and award/agreement policies, rules and procedures;
treat customers and colleagues with honesty, courtesy
attend work when required and report absences
perform consistently in a safe and healthy manner.
Acts of Dishonesty.
The following are examples of behaviour that employees recognise as
proven cases of theft and pilferage (stealing),
falsifying time sheet and similar documents to gain a
benefit (overtime) that the employee is not entitled to,
any malicious violence during Company time directed
towards the Company’s property, customers or their property, a member of the
public and/or a fellow employee,
refusal to carry out a lawful and reasonable request
given by a Company representative,
use or possession of illegal drugs, alcohol or other
substances in Company time and/or Company property, noting that prescription
drugs should be brought to the attention of the employee’s supervisor.
following are examples of behaviour that may lead to disciplinary action being
taken against the employee:
driving a vehicle in the yard complex at excessive
mishandling (throwing, kicking) and, thereby, causing
damage to freight;
inadequate vehicle checks (oil, water, tyres and fuel)
resulting in a breakdown, vehicle damage, or loss of productive time;
not approaching and treating employees in a reasonable
and civil manner;
failure to notify the Company when arriving at work
later (within one hour) than the normal starting time;
unacceptable attendance, continual lateness, patterned
absences, failure to notify the Company of a pending absence (prior to rostered
failure to wear Company uniform while representing the
Company while effecting deliveries and pick-ups;
failure to effectively perform duties;
under the influence of alcohol when reporting to work,
failure to work in a safe and healthy manner; and/or
failure to comply with operating procedures leading to
injury/damage to property/persons or productivity.
General Conduct. In
cases of serious misconduct, employees may be given a verbal warning, a written
warning or be dismissed, depending on the following criteria:
the circumstances and work relevance of the misconduct;
the seriousness of the misconduct;
the employee’s explanation of his/her conduct; and
the employee’s past conduct and personal situation.
Note 1: At the discretion of the Company, an employee
involved in misconduct (other than acts of dishonesty) may be stood down on
normal pay, pending a full investigation.
Note 2: Letters of Warning for misconduct (other than
acts of dishonesty) will remain on an employee’s file for 9 months (for First
Warning), 12 months (for Second Warning) or 24 months (for Final Warning). The employee will be required to sign
Letters of Warning to confirm that the content is understood.
Note 3: The employee has the right to have a witness of
choice present during all of the above steps.
The employee also has the right to have a union official and/or delegate
present during any phase of the disciplinary proceedings.
Operational Efficiency Improvement
The Company and its employees agree to discuss and implement
measures that shall assist to significantly improve operational efficiencies
and productivity and minimise wastage.
Such measures shall be developed in consultation with the Consultative
Committee and may include some form of incentive.
34. Motor Vehicle
The Company and its employees agree to discuss and implement
measures that will assist to prevent MVAs and otherwise minimise
vehicle-related damage. Such measures
shall be developed in consultation with the Consultative Committee and may
include some form of incentive. Failure to demonstrate appropriate driver
competencies and safe working practices shall be subject to disciplinary
action. Employees need to take care to
drive safely at all times, and within the limits imposed by law.
Health and Safety Improvement
The Company recognises the importance of preventing
workplace accidents and injuries, and shall commit substantial time, effort and
resources to heighten employee safety awareness and improve workplace systems,
resources and equipment safety. The
Company encourages the active participation of its employees in support of this
fundamental objective and shall consult with the Wetherill Park Health and
Safety Committee to develop appropriate measures that may incorporate some form
of incentive. These measures shall not
contradict safety principles or worker’s compensation regulations, particularly
those relating to the reporting of incidents and near misses.
The Company, Union and employees agree that the effective
hourly rate established shall not be used as a precedent or be pursued at other
MPG Logistics sites, and recognises the circumstances at Tricon (Pepsico) are
peculiar and isolated to this site only.
(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
(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
(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
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
(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.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
"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."
Table 1 - Permanent Employee Base Hourly Wage Rates
Table 2 - Casual Employee Base Hourly Wage Rates
Table 3 - Permanent Employee Effective Hourly Wage Rates
G7 - 1st 5 Night Shifts
G7 - 6th Shift Rate
G7 - Double Despatch Rate
G7 - Public Holiday Worked
G7 - Good Friday/Christmas Day
TRICON (PEPSICO) DRIVER EFFECTIVE HOURLY RATE
The Company and its employees agree that delivery routes
shall be operationally effective, incur minimum costs and provide the Company
with viable financial returns. When
allocating routes/drops, the Company shall, where feasible, avoid rostering
single day routes (excluding country routes) in excess of 13 tonnes to
individual drivers. In addition, routes
of 12.5 tonnes or more shall be carried on 12 metre vehicles and greater, and
routes under 12.5 tonnes shall be carried on either 8 or 10 metre vehicles.
‘effective hourly rate’ is to provide employees an appropriate incentive to
work and to perform efficiently and effectively. The following payment
principles shall apply:
employees shall be paid for the relevant route time for
each shift worked,
the ‘effective hourly rate’ shall be inclusive of the
Part B - Monetary Rates, Table 1 base rate, plus overtime, crib breaks,
allowances (excluding overnight stays), and weekend and shift premiums (as
the ‘effective hourly rate’ shall compensate employees
for irregular start times, manual unloading, unusual working conditions, for
working weekends and different routes, and similar,
employees are to work flexibly with vehicles and
equipment and be available for various work rosters and start times,
the ‘effective hourly rate’ shall be paid for the work
allocated or rostered which may be greater than 7.6 ordinary hours per day, and
average 152 ordinary hours in a four-week period,
the agreed route times shall make provision for truck
breakdowns and/or store lockouts (Note: employees shall substantiate such
delays to the Company before overtime in excess of the route time can be paid),
the ‘base hourly rate’ for casual personnel is shown at
Part B - Monetary Rates, Table 2, and
the ‘effective hourly rate’ for permanent employees is
shown at Part B - Monetary Rates, Table 3.
maximum vehicle payload for individual drivers on any given local route shall
not generally exceed 13 tonnes. With
non-security runs, drivers may be allocated routes of 13 tonnes or less without
a paid offsider so long as alternative arrangements have been considered (e.g.,
driver accepting a lesser route). With
routes in excess of 13 tonnes, the driver may elect to have an offsider for the
Sick leave, annual leave, long service leave and other sundry leave entitlements
shall be based on the 38 hour standard week and be paid at the Part B -
Monetary Rates, Table 1, base hourly rate.
By mutual agreement, the annual leave loading may be paid on and from
the anniversary date when the entitlement to annual leave falls due. Annual leave loading shall be paid at 37%
for night shift employees, but shall not otherwise be payable on termination.
Statutory/award superannuation payments shall be calculated on the Part
B - Monetary Rates, Table 1 base rate, plus shift premium where applicable.
Worker’s compensation shall be paid as per the relevant New South Wales
legislation i.e., 38 hours per week at the Part B - Monetary Rates, Table 1,
base hourly rate. Employees on rehabilitation shall be assigned appropriate
suitable duties and be paid up to 40 hours per week at the Part B - Monetary
Rates, Table 3 effective hourly rate).
Start Time. Due to
the unpredictable nature of routes and/or the need to complement the customer’s
needs, the Company may give 12 hours notice to any employee to change or
stagger start times to complement a transport service, provided no notice is
required or where there is agreement.
Route Reviews. The
Company and its employees shall endeavour to continuously improve routes and
cube rates, with new routes and their effective hourly rates to be reviewed
each month for the first three months. Agreed route times are inclusive of all
Offsiders. A cube
rate of 165 cube per hour shall apply with all routes where an offsider is
used. A cube rate of 112 cube per hour
shall apply where an offsider is not used.
Re-route to Daytime.
When a route is permanently changed from a night to a day route, the
employee shall receive seven days notice, and a new route / route timings shall
be developed, based on agreed methodologies.
Employees shall co-operate with such changes.
Work Rosters. The
Company shall establish rosters to allocate its employees to a four-day week
and to permit new rosters to be introduced with seven days notice.
Employees are to:
effectively maintain a high standard of Company vehicle
presentation, both internal and external,
using cleaning products provided by the Company,
manually unload the vehicles in a wide range of
different and adverse conditions,
act professionally and ethically at all times while
adhere to the Company’s dress standard and take pride
in personal appearance (ie, clean clothing and personal grooming),
maintain a strong level of service to minimise customer
complaints, as well as product and property
consistently maintain a temperature log of in-vehicle
frozen product temperature readings,
complete time sheets correctly, and
uphold the Company’s commitment to achieve at least 90%
Perfect Orders, 99.9% Delivery Compliance and 95% On-time Delivery KPIs.
Team Structure. The
employees shall participate in a team-based structure to improve work flows,
worker’s compensation, store accidents, vehicle accident claims, and similar.
Returns For Credit (RFCs).
To reduce RFCs, each employee shall be measured against an agreed
standard. Any employee who fails to
meet the standard on any given shift shall be paid the actual hours worked in
lieu of the route hours.
Employees who are allocated a route with an expected stay over shall be
provided with hotel or motel accommodation and a stay-over allowance of $10.00
for such stay over. If hotel or motel
accommodation is not available or not provided, a stay-over allowance of $29.48
shall be paid.
Employees From/to Other Yards. Drivers requested to work temporarily at the Tricon site shall continue to receive their existing
yard rate of pay for up to one month when they may become eligible for the Part
B - Monetary Rates, Table 3 effective hourly rate. Employees temporarily transferred to other sites shall be paid at
the Part B - Monetary Rates, Table 1 base hourly rate.
Effective Hourly Rate Calculation. The principal elements of the Part B - Monetary Rates, Table 3
effective hourly rate are: the Table 1 or Table 2 base rate, shift premium,
weekend premium, averaged overtime and the disability component.
Employees who are required to work a double despatch shall be paid at
the relevant Part B - Monetary Rates, Table 1 base hourly wage rate plus the
disability component, and that rate shall be paid at double time for the
allocated hours of the double despatch.
Sixth and Subsequent Routes. The Company and its employees shall endeavour to avoid sixth and
subsequent routes in any given week.
When required to work a sixth or subsequent route, employees shall be
paid for such routes at the Part B - Monetary Rates, Table 3 ‘Sixth Shift’
Public Holidays and Union Picnic Day. Employees to be paid for worked public
holidays and the Union Picnic Day shall be paid at time and a half for the
actual hours worked in addition to the day’s pay to which the employee is
entitled, to derive the Part B - Monetary Rates, Table 3 ‘Effective Hourly Rate
- Public Holiday Worked’ rate.
Christmas Day and Good Friday. Employees shall be paid for each Christmas and Good Friday worked
at double time for the actual hours worked in addition to the day’s pay to
which the employee is entitled, to derive the Part B - Monetary Rates, Table 3
‘Effective Hourly Rate - Christmas/Good Friday Worked’ rate.
No Precedent. No
part of this award shall be used as a precedent by either party on other
negotiations or proceedings with the Company, or as a claim/precedent at other
Signed for and on behalf of MPG Logistics Pty Ltd trading as
Mayne Logistics, dated 17 August 2000.
Signed by DAVID HAY, General Manager - Food Services and
Witnessed by DAVID BOWLES, Business Manager, Tricon.
Signed for and on behalf of Transport Workers Union of
Australia New South Wales Branch, dated 6 October 2000.
Signed by TONY SHELDON, Acting State Secretary.
Witnessed by JOE ARKUS, Official.
P. J. CONNOR, Commissioner.
Printed by the authority of the Industrial Registrar.