INNOXA PTY LTD CONSENT AWARD 1997
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of award pursuant to Section 19 of the Industrial Relations Act 1996 and
application by the Shop, Distributive and Allied Employees' Association, New
South Wales, industrial organisation of employees
(Nos. IRC 5613 of 1999 and 4415 of 2000)
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Before The Honourable
Justice Kavanagh
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7 September 2000
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REVIEWED AWARD
PART A - AWARD
FORMALITIES
1.
Title
This Award shall be known as the INNOXA PTY LTD CONSENT
AWARD 1997.
2.
Table of Contents
1. Title
2. Table of Contents
3. Area, Incidence
and Parties Bound
4. Date and Period
of Operation
5. Relationship to
Parent Award
6. Aim of Award
7. New Employees
8. Award to be Displayed
9. Workplace
Consultative Committee
10. No Extra Claims
PART B -
CLASSIFICATIONS AND CAREER PROGRESSION
11.1 Classifications
11.2 Utilisation of
Skills and Labour Flexibility
11.3 Progression/Career
Development
11.4 Backfilling
11.5 Transition
Arrangements
PART C -
REMUNERATION
12. Pay Increases
13. Allowances
Part D - Hours Of Work
14. Ordinary Hours
15. Casual Employees
16. Contract
Employees
17. Rest Periods And
Meal Intervals
PART E - LEAVE
18. Annual Leave
19. Annual Leave
Loading
20. Sick Leave
21. Personal Carer's
Leave
22. Long Service
Leave
23. Bereavement
Leave
24. Parental Leave
25. Jury Service
26. Holidays
PART F - OTHER
CONDITIONS
27. Payment of Wages
28. Training
29. Grievance and
Dispute Settlement Procedures
30. Anti-Discrimination
31. Best Practice
32. Productivity
Improvements
33. Overtime
34. Redundancy
35. Conditions
Relating To Union Activities
PART G -
DECLARATION AND SIGNATORIES
36. Declaration
SCHEDULE 1
REDUNDANCY AGREEMENT
3.
Area, Incidence and Parties Bound
This Award shall be binding upon INNOXA PTY LTD, located at
6/106 OLD PITTWATER ROAD, BROOKVALE, NEW SOUTH WALES, and employees of INNOXA
PTY LTD engaged in or in connection with the manufacture and distribution of
cosmetics and cosmetic products.
4.
Date and Period of Operation
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Innoxa Pty Limited Consent Award 1997 published 25
September 1998 (306 I.G. 961) and all variations thereof.
The award published 25 September 1998 took effect on and
from 25 June 1997 and the changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 I.G. 307) take effect on and from 7 September 2000.
The award remains in force until varied or rescinded, the
period for which it was made having already expired.
5.
Relationship to Parent Award
Where the terms and conditions of this Award do not
specifically cover a particular matter then this Award shall be read and
interpreted in conjunction with the following awards:
Drug Factories (State) Award; or
Metal and Engineering Industry (NSW) Interim
Award; or
Warehouse Employees Drug (State) Award.
Where the terms and conditions of this Award are in conflict
with any of the terms and conditions of the above Awards then this Award shall
prevail to the extent of the inconsistency.
6. Aim of Award
It is the objective of the parties to this Award to
implement workplace practices so as to provide for more flexible working
arrangements, which improve the efficiency and productivity of the business,
enhance skills and job satisfaction and assist positively in ensuring that the
company becomes a more profitable enterprise.
The parties agree that the objectives of this Award are to
facilitate:
(a) flexible
working hours;
(b) workplace
productivity;
(c) the development
and maintenance of good workplace relations.
The parties also agree that the objectives will not be
limited to the measures set out at subclause 6 (a)-(c). It is recognised that an important factor in
reaching the above objectives is the development of a working environment where
all parties are involved with the decision-making process. Both management and employees are committed
to cooperating positively to implement work practices that are flexible and
meet the requirements of the company.
7.
New Employees
The parties agree that any employee who is engaged by the
employer after the commencement of this Award shall be bound by the Award and
be entitled to all benefits and obligations of this Award.
8. Award to be Displayed
Copies of this consent Award shall be displayed in a clearly
visible place and be accessible to all parties covered by the Award.
9.
Workplace Consultative Committee
The parties covered by this Award shall establish a
consultative mechanism with equal representation of employer and employee(s)
together with the union, with procedures appropriate to its size, structure and
needs, for consultation on matters affecting the efficiency and productivity of
the enterprise and to ensure better communication between management and its
employees.
The Committee has no power to vary any matter in this Award.
This Committee shall be a forum for open discussion and
shall meet on a regular basis with additional meetings on an as required basis.
The Rules and Constitution of the Committee, once developed
and agreed upon, are to become an appendix to this Award.
10.
No Extra Claims
The union and employees bound by the Award will not pursue
any further claims, award or over award, for the life of this Award including
increases arising from award variations to the relevant parent awards or from
decisions from the Commission other than increases which are consistent with
and provided for in the terms of the Award, except from decisions from State or
Federal wage cases. Where however any
variation to the parent awards increases the entry level rate above the rate
set out in this award, then such entry level rate shall be adjusted
accordingly.
PART
B - CLASSIFICATIONS AND CAREER PROGRESSION
11.1
Classifications
The parties agree to develop through the workplace
consultative committee and as a matter of priority, a classification structure
that is competency based around principles of multi-skilling. Pending the development of a classification
structure the following minimum rates of pay shall apply and no employee shall
have their current pay reduced as a result of the making of this award: -
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Entry level
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[3 months probation and confirmed at Level 1]
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$437.18 per week
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Level 1 *
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Warehouse/factory processor and cleaner
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$477.28 per week
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Level 2A
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Storeperson
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$507.74 per week
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Level 2B
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Linesetter
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$611.82 per week
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Level 3
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Senior Supervisor
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$533.77 per week
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Level 4
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Chief Supervisor
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$563.56 per week
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Level 5A
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Compounder
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$632.06 per week
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Level 5B
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Senior Compounder
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$696.74 per week
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Level 6
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Fitter
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$711.99 per week
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In addition, an allowance of .758 cents per hour is payable
while the person performs the duties of Senior Supervisor, Level 3.
11.2
Utilisation of Skills and Labour Flexibility
Employees shall be employed to carry out such duties as may
be directed by the employer from time to time subject to the limits of their
skills, competence and training.
Employees shall therefore perform such work as is reasonable
and lawfully required of them by management including accepting instructions and
directions from authorised personnel.
Employees, working in teams, shall perform a wider range of
functions and duties, including all reasonable requests to transfer between the
warehouse and factory areas of the business, or to perform any work covered by
this Award including any work which is incidental or peripheral to their main
tasks or functions.
In carrying out duties, employees shall ensure and take all
necessary steps to ensure that the quality, accuracy and completion of any job
or task is maintained to the satisfaction of management. Employees shall not impose any restriction
or limitations on the measurement and/or review of work methods or the
utilisation of labour under the terms and conditions of this Award.
Any employee may, at any time, carry out such duties and use
such tools and equipment as may be directed by the employer provided that the
employee has been properly trained in the use of such tools and equipment.
Any direction given by the employer in accordance with the
terms of the clause shall be consistent with the employer's obligations under
the Occupational Health and Safety Act
1983.
11.3
Progression/Career Development
All employees will be encouraged and assisted to progress to
the highest level personally attainable consistent with the needs of the
company.
11.4
Backfilling
When a new employee enters at a level above the base rate
due to particular skill requirements, the employee must become familiar with
the skills required at lower levels as soon as practicable to ensure full
flexibility of labour.
11.5
Transition Arrangements
Where the adoption of this Award and the development of a
classification structure through the Workplace Consultative Committee creates
individual situations where an employee's rate of pay and skill level does not
fit the Award, the following principles will apply:
(a) No employee
will lose pay because of the transition;
(b) Some
employees may need to develop skills required at a lower level and must
undertake to do so as soon as practicable.
PART
C - REMUNERATION
12.
Pay Increases
A 4% pay increase is payable on the current rate of pay with
effect from first pay period on or after 1st April, 1997,and a further 4% pay
increase is payable on or from the first pay period on or after 1st April,
1998. The Award includes all pay rises
up to and including 31 December 2000.
13.
Allowances
Allowances shall continue to be paid in accordance with the
relevant parent Award.
PART D - HOURS OF
WORK
14.
Ordinary Hours
Hours of work are a 38 hour week, with a rostered day off
each month. The ability of the Company
in order to meet its production and distribution requirements to require
employees to work rostered ordinary hours between 7am and 7pm Monday to Friday
with staggered starts and finishes on a mutually agreed fixed shift basis. The abolition of the afternoon, three minute
rest break is to allow for an earlier finishing time.
By mutual agreement an employee may defer taking up to five
rostered days off each year which may be taken as part of annual leave or at
such other mutually convenient time.
15.
Casual Employees
The hourly rate for casuals includes in addition to the
ordinary hourly rate a 17.5% casual employment loading and 1/12th pro rata
loading for annual leave.
The Company may use additional casuals where overtime has
been offered and refused by permanent staff.
The engagement of any casual employee shall be limited to a continuous
period of 12 months. If the employee
remains in employment at that time, such employee shall be offered a full time
position if work is available. As a
guide, seniority of such casual staff shall determine the order of merit.
16.
Contract Employees
The Company may engage employees on a short fixed term
contract as and when necessary to cover peak periods.
17.
Rest Periods and Meal Intervals
Rest Periods
In every period of ordinary daily hours, two rest periods of
at least 3 minutes shall be allowed at a time to be mutually arranged so that
there is no complete cessation of work (if this is necessary). All rest periods shall be paid, and tea,
coffee, milk and sugar shall be supplied free of charge by the employer, for
consumption on the premises during these breaks. As a guideline, a paid break should be allowed every two and a
half hours in prolonged overtime situations.
Mealtime Intervals
Except where work can be completed in an extra half hour, no
employee shall be required to work for more than four and a half hours
continuously (exclusive of rest periods) without an interval of at least half
an hour. Such intervals shall be
unpaid.
PART
E - LEAVE
18.
Annual Leave
Annual leave entitlement shall be in accordance with annual
leave provisions under the Annual
Holidays Act 1944 and any amendments to that Act.
19.
Annual Leave Loading
(a) In this
clause the Annual Holidays Act 1944
is referred to as "the Act".
(b) Before an
employee is given and takes an 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 the employee a loading determined in accordance with this clause.
(c) The loading
is payable in addition to the pay for the period of holiday given and taken
when due to the employee under the Act and this Award.
(d) The loading
is 25 per cent of the appropriate ordinary weekly time rate of pay prescribed
by this Award for the classification in which the employee was employed
immediately before commencing the annual holiday together with any all purpose
allowances where applicable.
(e) Employees
who take annual leave in advance shall be paid a pro rata amount of annual
leave loading as if the annual leave had fully accrued, provided that if the
employee leaves employment with the company for any reason prior to the accrual
of the annual leave, the loading that was paid in advance shall be deducted by
the company from any moneys owing to the employee.
(f) Where in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned any employee who is entitled to take
such a holiday shall be paid the loading calculated in accordance with
subclause (d) of this clause.
20. Sick Leave
An employee who is unable to attend for duty during their
ordinary working hours by reason of personal illness or personal incapacity
(including incapacity resulting from injury within the Workers' Compensation Act, 1987), not due to the employee's own
serious and wilful misconduct, shall be entitled to be paid at ordinary time
rate of pay for the time of such non-attendance subject to the following:
(a) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to compensation under the Workers' Compensation Act 1987.
(b) The employee
should within four hours where practicable, and in any case shall within
twenty-four hours, of the commencement of such absence, inform the employer of'
the employee's inability to attend for duty and, as far as practicable, state
the nature of the injury or illness and the estimated duration of the absence.
(c) The employee
shall prove to the satisfaction of the employer, by the production of a medical
certificate or other satisfactory evidence, that the employee was unable, on
account of illness or injury, to attend for duty on the day or days for which
sick leave is claimed.
(d) Any medical
certificate dated after the taking of sick leave shall not be accepted for the
purpose of determining sick leave entitlements.
(e) Subject to
the other provisions of this clause, an employee shall be credited with 76
hours paid sick leave in respect of each year of service. Sick leave granted with pay shall be
deducted from such credit.
(f) Sick leave
entitlements not claimed in any one year shall accumulate from year to year so
long as the employment continues with the employer.
(g) Service
before the coming into force of this Award shall be counted as service for the
purpose of qualifying thereunder.
(h) The payment
of any absence on sick leave in accordance with this clause during the first
three months of employment of an employee may be withheld by the employer until
the employee completes such three months of employment at which time the
payments shall be made. Provided
further, an employee shall forfeit any payment for sick leave if the employee
terminates the contract of employment within the first three months of
employment. Alternatively, if an
employer terminates the contract of employment within the first three months,
the employer shall pay the employee for any sick leave taken by the employee,
to a maximum of 76 hours.
(i) Employees
whose behaviour is unsatisfactory in relation to the use of sick leave will be
given adequate time to demonstrate a willingness to improve. If, at the end of this period, the employee
shows no willingness to improve in the opinion of management, then disciplinary
action up to and including dismissal may be taken. Nothing in the procedure shall limit the right of management to
summarily dismiss an employee for serious and wilful misconduct or prevent the
employee from taking action under the NSW
Industrial Relations Act 1996.
21.
Personal Carer's Leave
The following entitlements apply in accordance with the NSW Industrial Relations Act 1996.
(a) Use of
Sick Leave
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in (a)(ii)(2) who needs the employees' care and support, shall
be entitled to use in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at Clause 20, Sick Leave, of this Award,
for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(ii) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
The entitlement to use sick leave in accordance with this
subclause is subject to:
(1) The employee
being responsible for the care of the person concerned, and
(2) The person
concerned being:
(a) a spouse or
the employee; or
(b) a de-facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the, first mentioned person as husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee, or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis, or
(e) a relative of
the employee who is a member of the same household where for the purposes of
this paragraph:
(1) "relative"
means a person related by blood, marriage or
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(iii) An employee
shall, wherever practicable, give the employer prior notice of the intention to
take such leave, including the name, of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(b) 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 and support of a member of
a class of person set out in (a)(ii)(2) above who is ill.
(c) Annual
Leave
(i) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(ii) Access to
annual leave, as prescribed in paragraph (c)(i) above, shall be exclusive of
any business shutdown period provided for elsewhere under this award.
(iii) An employee
and employer 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.
(d) Time Off
in Lieu of Payment for Overtime
(i) An 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 within twelve
(12) months of the said election.
(ii) 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.
(iii) If, having
elected to take time as leave, in accordance with paragraph (d)(i) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiration of the twelve (12) month period or on
termination.
(iv) Where no
election is made in accordance with paragraph (d)(i) the employee shall be paid
overtime rates in accordance with the Award.
(e) Make-up
Time
(i) An employee
may elect, with the consent of their employer, to work 'make-up time', under
which the employee takes time off in 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.
(ii) An employee
on shift work may elect, with the consent of the employer to work 'make-up
time' (under which the employee takes time off in ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(f) Rostered
Days Off
(i) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(ii) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(iii) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(iv) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
22.
Long Service Leave
Entitlement to long service leave shall be in accordance
with the Long Service Act 1955 and
any amendments to that Act.
23. Bereavement Leave
An employee, other than a casual employee, shall be entitled
to a maximum of three day bereavement leave without deduction of pay, on each
occasion of the death of a person within Australia as prescribed in the third
paragraph of this clause, if such leave is necessary to arrange for and/or
attend the funeral. Where the death of
a person as prescribed by the said paragraph occurs outside Australia, the
employee shall be entitled to five days bereavement leave (inclusive of the
three days referred to above), where the employee travels outside Australia to
attend the funeral. Notwithstanding the
above, bereavement leave will only be granted by management if the employee
concerned would normally be working on the days for which bereavement leave is
sought.
The employee must notify the employer as soon as practicable
of the intention to take bereavement leave and will provide to the satisfaction
of the employer proof of death.
Bereavement leave shall be available to the employee in
respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in subparagraph (2) of paragraph (ii) of
subclause (a) of clause 21, State Personal/Carer's Leave, provided that, for
the purpose of bereavement leave, the employee need not have been responsible
for the care of the person concerned.
An employee shall be entitled to bereavement leave under
this clause during any period in respect of which the employee has been granter
other leave.
Bereavement leave may be taken in conjunction with other
leave available under paragraphs (b), (c), (d), (e) and (f) of the said clause
21. In determining such a request, the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
24. Parental Leave
Parental leave is regulated by Part 4 of the Industrial Relations Act 1996.
25. Jury Service
An employee required to attend for jury service during
his/her ordinary working hours shall be reimbursed by the employer an amount
equal to the difference between the amount paid in respect of the employee's
attendance for such jury service and the amount of wage the employee would have
received in respect of the ordinary time he/she would have worked had the
employee not been on jury service. An
employee shall notify the employer as soon as possible of the date upon which
the employee is required to attend for jury service. Further, the employee shall give the employer proof of
attendance, the duration of such attendance and the amount received in respect
of such jury service.
26.
Holidays
The following days or the day upon which they are observed
shall be holidays: New Year's Day, Australia Day, Good Friday, Easter Monday,
Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day and all
other days proclaimed as public holidays for the State.
PART F - OTHER
CONDITIONS
27.
Payment of Wages
Wages shall be paid by Electronic Funds Transfer (EFT) each
week to the employee's nominated account with a financial institution.
28.
Training
Employees shall undertake training and retraining as
required by the company.
The company will pay all costs associated with training
whether it is formal, internal, external or on the job.
29.
Grievance and Dispute Settlement Procedures
Grievance
29.1 This Award
recognises that employees' grievances should be resolved speedily, effectively
and informally wherever possible between the employee and the Supervisor. It is agreed that it is in the interest of
all parties to manage resolution of any conflict by means which do not damage
the business.
29.2 The following
procedure will apply to the resolution of any dispute:
(i) The employee is
to notify the Supervisor of the nature of the grievance and the remedy being
sought.
(ii) A meeting
between the Supervisor and the employee is to be held within 24 hours of
notification.
(iii) If the matter
is not resolved at this meeting, the employee may request the Supervisor to
refer the matter to the Factory Manager for discussions involving all parties,
within a further 48 hours.
(iv) Where the
grievance concerns the Supervisor or other person, as a matter under any
Anti-Discrimination law, such matter should be referred to the Company's
designated senior manager responsible for such matters to be dealt with under
the terms of this procedure.
(v) If the matter
is unresolved it may then be referred to the NSW Industrial Relations
Commission for resolution and the parties agree to be bound by the outcome of
the Commission's decision.
(vi) While this
procedure is being followed work should continue as normal.
(vi) At any step in
this procedure, the employee may be represented by the relevant union.
DISPUTE SETTLEMENT PROCEDURES
29.3 Objectives
(i) To
encourage and improve good work practices, performances and individual conduct
in the workplace.
(ii) To ensure
that all matters relating to employee and management conduct are investigated
properly, considered reasonably and are dealt with promptly, fairly and
consistently.
(iii) To ensure
that every consideration has been given to correcting unsatisfactory
performance or conduct.
(iv) To ensure
that, other than in cases of serious misconduct, suspension from duty or
termination is taken only as a last resort, following appropriate counselling
and after formal written warnings have been given to the employee.
29.4 Responsibilities
(i) It is
management's responsibility to make available and known to all employees the
terms and conditions of their employment in the relevant parent Awards.
(ii) Employees
for their part are required to familiarise themselves with these documents and
to comply with the company's policies, rules and procedures.
(iii) Where the
matter in question generally affects the workplace and may give rise to a wider
industrial dispute, the status quo shall remain until the matter is discussed
between the parties to this Award.
29.5 Administration
of Procedure
Apart from offences or serious misconduct justifying summary
dismissal (as set out in Step 4 in subclause 29.9 of this clause)
unsatisfactory conduct or performance of a less serious nature should be dealt
with in accordance with the following steps:
29.6 Step 1 -
Counselling
The immediate supervisor, accompanied by another supervisor
or manager should:
1. Discuss the
problem with the employee and their chosen representative. A delegate or assistant delegate may also be
present.
2. Advise
employee of the standards of conduct or performance expected.
3. Agree on
specific action to be taken and set a date for review (within one month) should
the same situation or problem recur within the review period, when further
disciplinary action will result.
4. This
counselling session will be regarded as a formal warning and the employee must
be informed of this.
5. A record of
the counselling is to be placed on the employee's file and a copy given to the
employee.
29.7 Step 2 -
Second counselling session and final warning
If the first counselling session is not successful, the
supervisor(s) and/or manager should counsel the employee again, at which time
management should:
1. Restate the
offence or repeated misconduct or performance related matter to the employee
and their chosen representative. The
delegate or assistant delegate may also be present.
2. State the
agreed corrective action.
3. Indicate to
the employee the action now being taken is a written final warning.
4. Warn the
employee that further repetition of the misconduct or failure to improve
performance may result in termination of employment.
5. Record the
counselling and the final warning, with copies to the employee's file and to
the employee.
6. In placing
the written record of the initial warning on the employee's file, the employee
shall be entitled to sight and sign such written record and add any notations
regarding the contents of such record.
Should an employee respond satisfactorily to effective
guidance, counselling, reprimands and final warning and continue to display
satisfactory conduct or performance over the review period of the latest record
of interview, past history will be disregarded so far as any immediate
disciplinary action is concerned. If
after the lapse of time specified in the review, the employee subsequently
offends again, the procedure should be repeated from the first step unless
circumstances justify action in line with step 3 or 4 referred to herein.
29.8 Step 3 -
Dismissal
If the counselling and warnings have proved to be
ineffective there is no alternative but to dismiss the employee. If dismissal then becomes necessary the
action should involve the immediate supervisor and the Factory Manager or other
senior manager.
Prior to dismissing any employee in these circumstances, the
employee may initially be stood down on pay whilst the matters giving rise to
the possible dismissal are reviewed by management. In this review the manager will satisfy himself/herself that all
steps in the procedure have been properly followed and the employee has failed
to positively respond to earlier counselling and formal reprimands which makes
dismissal justifiable and necessary in all the circumstances.
Having decided on the need to terminate the employee's
services, the employee should be invited into the privacy of an office and if a
member of the relevant union requests it, the attendance of the delegate or
assistant delegate should be arranged.
It is then necessary to:
1. Restate the
offences or matters giving rise to the conduct or performance matter and
restate the corrective action which was previously agreed upon by the employee.
2. Advise the
employee that as the employee has failed to comply with previously agreed
corrective action, dismissal has resulted as a consequence. Dismissal should be in writing with relevant
notice.
3. Submit the
usual termination advice to the Pay Office for action.
29.9 Step 4 -
Summary Dismissal
Where an employee is guilty of serious misconduct or serious
misbehaviour which justifies summary dismissal, the Company shall not be
required to give notice or to make payment in lieu of notice, subject to
matters of procedural fairness in allowing the employee sufficient time to
respond to the allegations.
Without limiting the Company's rights, some examples of
serious misconduct or misbehaviour would be the commission of a serious
criminal offence against the Company, an employee, contractor to the company or
a client, refusal to work, malingering, serious or wilful breaches of the
Company's occupational health and safety policies or relevant laws, breaches of
anti-discrimination legislation, fighting on company premises, partaking of
alcohol or a prohibited substance while on duty, malicious damage and stealing.
Where an employee becomes subject to the provisions of this
clause, such employee may, at the discretion of management, be suspended on pay
immediately pending an investigation.
Subject to the employee being given an opportunity to respond to the
allegations, the employee shall be terminated forthwith where the misconduct or
misbehaviour is confirmed on proper investigation. At all times the true facts shall be used as the basis for
determining the matter.
30.
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 by
this award the parties have obligations to take all reasonable steps to ensure
that the operation of the provision of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with the fulfillment 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 victimize 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.
31.
Best Practice
The parties agree that this is the best way of doing
things. It is a process of constantly
changing and adapting to new demands.
Best practices are not fixed. At any particular point in time it is the method of operation to
achieve exemplary levels of performance, including but not limited to an
examination of costs, quality and timeliness of delivery.
The program will be based on the following principles:
* understanding and
measuring customer needs
* bench marking
* continuous
improvement
* multi-skilled
workforce
* flexible
workforce committed to change, and
* employee
involvement
The parties agree that external and relevant best practice
will be identified and adopted in measuring and improving the efficiency of the
factory and warehouse functions as part of the consultative processes of the
Workplace Consultative Committee including any necessary training.
32.
Productivity Improvements
32.1 The parties
therefore commit themselves to a process of continuous improvement and agree
that performance indicators and standards are the means of measuring what has
been achieved and the need for further improvements. The primary role of performance indicators is to assist in the
attainment of corporate goals in the interest of the customers, employees and
the company in improving the quality of service and are a means of identifying
trends and efficiencies to enable the identification of areas where there is
capacity for further improvements.
32.2 Performance
indicators will be developed in consultation with the Workplace Consultative
Committee with a view to setting agreed and separate targets for the warehouse
and factory and such targets will be periodically reviewed. The measurement of agreed targets will
include, but is not limited to, minimising waste, reduction in the use of
electricity, gas, water, detergents and cleaning materials, reduction in
damage, improvement in first time product acceptance, reduction in time to
produce completed product, improvement in work flow and quality processes.
33.
Overtime
By mutual agreement overtime may be taken as time in lieu at
the relevant penalty rate.
34.
Redundancy
See Schedule 1 to this Award.
35.
Conditions Relating to Union Activities
Apart from meetings of the Workplace Consultative Committee,
the Company recognises that employees may need to have meetings from time to
time to discuss Company and union issues.
The Company agrees to pay for four meetings per year of 15 minutes
duration. The union delegates should
confer with the factory manager, prior to any meeting, regarding the timing of
the meeting to minimise any disruption to production.
PART G -
DECLARATION AND SIGNATORIES
36.
Declaration
This consent Award has been negotiated through extensive
consultation between management, employees and their union. The content of the Award has been explained
and accepted by all parties. All
parties are entering into this Award with full knowledge as to the content and
effect of the document.
The parties declare that this Award:
(a) Is not
contrary to public interest
(b) Is in
accordance with Industrial Relation Commission of New South Wales principles
and the Industrial Relations Act 1996
(c) Reflects the
interests and intentions of the parties.
SCHEDULE 1
REDUNDANCY AGREEMENT
(1) Introduction
of Change
(i) Employer's
duty to notify
(a) Where an
employer has made a definite decision to introduce major chances 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 by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
(ii) Employer's
duty to discuss change
The employer shall discuss with the employees affected
and the union to which they belong, the introduction of the changes referred to
in subclause (i), above, the effects the changes are likely to have on
employees and measures to avert or mitigate the adverse effects of such changes
on employees, and shall have prompt consideration to matters raised by the
employees and/or the union in relation to the changes.
(a) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the chances referred to in subclause (1) above.
(b) For the
purpose of such discussions, the employer shall provide to the employees
concerned and the union to which they belong, all relevant information about
the changes including the nature of the changes proposed, the expected effects
of the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(2) Redundancy
(i) Discussions
before terminations.
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subclause
1(i)(a), and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made definite
decision which will invoke the provision of paragraph (a) of this subclause and
shall include any reasons for the proposed terminations, measures to avoid or minimise
the terminations and measures to mitigate any adverse effects of any
termination of the employees concerned.
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(3) Termination
of Employment
(i) Notice for
Changes in Production, Program, Organisation or Structure
This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from
"production", "program", "organisation" or
"structure" in accordance with subclause (1)(i)(a) of this schedule.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
|
Period of continuous service
|
Period of notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week's notice.
(c) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (1)(i)(a) of this schedule.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Act 1955, the Annual Holidays
Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time off
during the notice period
(a) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, for the purposes of seeking other employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall be
required, at the request of the employer, to produce proof of attendance at any
interview or the employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period
If the employment of an employee is terminated (other
than for serious misconduct) before the notice period expires, the employee
shall be entitled to the same benefits and payments under this schedule had the
employee remained with the employer until the expiration of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(v) Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee with a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate the employment of more
than 15 employees, the employer shall notify the Department of Social Security
thereof as soon as practicable, giving relevant information including the
number and categories of the employees likely to be affected and the period
over which the terminations are intended to be carried out.
(vii) Employment
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required.
(viii) Transfer to
lower paid duties - Where an employee agrees to be transferred to lower paid
duties for reasons set out in subparagraph (a) of paragraph (i) of subclause
(2) of this subclause, the employee shall be entitled to the same period of
notice of transfer as the employee would have been entitled to if the
employee's employment had been terminated, and the employer may, at the
employer's option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary
time rate of pay for the number of weeks of notice still owing.
(4) Severance
Pay
(i) Where the
employment of an employee is to be terminated pursuant to subclause (3) of this
schedule, the employer shall pay the following severance pay in respect of a
continuous period of service:
(a) The employer
shall pay four weeks pay per year of service or part thereof, with a maximum
payment of 52 weeks.
(b) "Week's
pay" means the all purpose for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties, shift penalties and any all purpose
allowances paid in accordance with this award.
(ii) The employer
shall also pay all accrued entitlements, including any long service leave,
annual leave, annual leave loading and superannuation payments.
T. M.
KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.