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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.B9934
Award Code 1571  
Date Posted06/12/2002

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Application by Mayne Nickless Limited trading as MPG Logistics.


(No. IRC 5985 of 2000)


Before Commissioner Connor

21 December 2000










Clause No.      Subject Matter


 1.        Title

 2.        Purpose of the Consent Award

 3.        Relationship to Other Awards and Agreements

 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

10.       Income Protection

11.       No Extra Claims

12.       Spread of Hours

13.       Hours

14.       Flexible Start Times

15.       Flexible Meal Arrangement

16.       Route Reviews

17.       New Employees

18.       Probationary Employees

19.       Casual Employees

20.       Permanent Part-time Employees

21.       Abandonment of Employment

22.       Management Operational Assistance

23.       Housekeeping and Maintenance

24.       Annual Leave

25.       Sick Leave

26.       Labour Portability

27.       Labour Flexibility

28.       Future Technology

29.       ‘Leading Change’ Improvements

30.       Computerisation

31.       Procedures for the Prevention and Settlement of Disputes

32.       Code of Conduct 

33.       Employee Operational Efficiency Improvement

34.       Motor Vehicle Accident Prevention

35.       Occupational Health and Safety Improvement

36.       Special Commitment

37.       Anti-Discrimination






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










1.  Title


This Consent Award shall be titled the MPG Logistics Pty Ltd (Tricon), Wetherill Park Drivers Consent Award, 2000.


2.  Purpose of the Consent Award


(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 initiatives.


(ii)        Continuous 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 strategies.


(iii)       Consultative 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 community;


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 conjunction with:


(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 Application


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 Operation


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.




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 Government.


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 day.


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.




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.


13.  Hours


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 Time


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 otherwise agreed.


15.  Flexible Meal Arrangement


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 flexible.


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 this award.


18.  Probationary Employees


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.


20.  Permanent Part-Time Employees


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 Employment


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.


22.  Management Operational Assistance


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 Maintenance


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 well maintained.


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 leave.


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.


26.  Labour Portability


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.


27.  Labour Flexibility


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 loading activities.


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 co-operative manner.


29.  'Leading Change' Improvements


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.


30.  Computerisation


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.




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 -


Application.  The 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.  The 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.


Process -


Dispute occurs:


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.


General.  Employees 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 and respect;


attend work when required and report absences immediately; and


perform consistently in a safe and healthy manner.


Acts of Dishonesty.  The following are examples of behaviour that employees recognise as dismissible offences:


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.


Misconduct.  The 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 speed;


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 starting time);


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.


33.  Employee 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 Accident Prevention


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.


35.  Occupational 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.


36.  Special Commitment


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.


37.  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.






(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."






Table 1 - Permanent Employee Base Hourly Wage Rates








Stage 1:



Stage 2:



Stage 3:



Grade 3





Grade 4





Grade 5





Grade 6





Grade 7





Grade 8






Table 2 - Casual Employee Base Hourly Wage Rates







Stage 1:



Stage 2:

3.5% 1/10/00

Stage 3:



Grade 3





Grade 4





Grade 5





Grade 6





Grade 7





Grade 8






Table 3 - Permanent Employee Effective Hourly Wage Rates


Grade /





Stage 1:



Stage 2:



Stage 3:



G7 - 1st 5 Night Shifts





G7 - 6th Shift Rate





G7 - Double Despatch Rate 





G7 - Public Holiday Worked





G7 - Good Friday/Christmas Day










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.


Objective.  The ‘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 applicable),


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.


Guidelines.  The 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 route.


Leave Entitlements.  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.


Superannuation.  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.  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 breaks.


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.


Driver Responsibilities.  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 working,


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  damage,


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.


Stay-overs.  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.


Double Despatch.  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’ rate.


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 sites.




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 Grocery. 


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.

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