NUGAN QUALITY FOODS PTY LTD EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC5831 of 1999)
|
Before The Honourable
Justice Marks
|
30 March 2001
|
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Anti-Discrimination
and Harassment
3. Rates of
Pay
4. Seasonal
Casual Employment
5. Casual
and Seasonal Employment
6. Hours
7. Overtime
8. Holidays
9. Annual
Leave
10. Long
Service Leave
11. Sick Leave
12. Personal
Carer’s Leave
13. Bereavement
Leave
14. Terms of
Employment
15. Redundancy
16. Payment of
Wages
17. Meal
Allowance
18. Morning
and Afternoon Tea
19. Dining/Rest
Rooms and Lockers
20. First-aid
service
21. Protective
Clothing
22. General
Conditions
23. Time Books
and Inspection
24. Job
Representatives
25. Mixed
Functions
26. Dispute
Settling Procedure
27. Superannuation
28. Skills
29. Structural
Efficiency
30. Flexibility
31. Recognised
Industrial Organisation of Employees
32. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 -
Total Wage Rates
Table 2 -
Other Rates and Allowances
2. Anti-Discrimination
and Harassment
(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 (NSW) to prevent and
eliminate discrimination in the workplace 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 (NSW) 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 (NSW)
(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 the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides :
"Nothing in the 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."
3. Rates of Pay
(1) Adults - An
employee of a classification prescribed in Table 1 - Total Wage Rates, of Part
B, Monetary Rates, shall be paid the total wage rate assigned to that
classification plus the supplementary payment as set out in Item 1 of Table 2 -
Other Rates and Allowances, of Part B.
(2) Whilst working
in and out of freezer, an additional amount as set out in Item 2 of Table 2 shall be paid.
(3) Leading Hands -
Employees appointed in charge of other employees shall be paid the amount as
set out in Item 3 of Table 2 per week for all purposes, in addition to the
total weekly wage prescribed in Table 1.
(4) Casual
Employees - A casual employee shall mean an employee who is engaged by the hour
for a period of less than one week. The hourly rate for a casual employee shall
be ascertained by dividing the total ordinary rate payable under this clause,
plus 15 per cent, divided by 38.
(5) Junior
Employees - The minimum rate of wages for junior employees shall be the
percentages as set out in Table 1 of the total rate of pay prescribed in
classification General Hand in Table 1. Provided that juniors operating
machines shall be paid the adult rate applicable.
(6) The rates of
pay in this award include adjustments payable under the State Wage Case 2000.
These adjustments may be offset by:
(a) any equivalent
overaward payments; and/or
(b) award
increases since 29 May 1991 and other safety net, State Wage Case, and minimum
rates adjustments.
4. Seasonal Casual
Employment
(1) A Seasonal
Casual Employee shall mean an employee employed for the duration of a seasonal
activity or seasonal activities who is engaged on an hourly basis and paid as
such.
(2) For the
purpose of subclause (1) of this clause, a seasonal activity or seasonal
activities shall include any activity or activities agreed upon by the parties
to be a seasonal activity or activities or, in the absence of agreement, shall
be as determined by the Industrial Relations Commission of New South Wales.
(3)
(a) Except as
provided for in subclause (5) of this clause, no person shall be employed as a
seasonal casual for a period in excess of 24 weeks in any one calendar year.
(b) In addition to
the provisions of paragraph (1) of this subclause, no person shall be employed
in such a manner as to have the effect of such an employee being engaged as a
seasonal casual for a period of more than 24 weeks in a 52-week span, such span
being calculated from the first day of engagement of the employee by the
employer.
(4) Provided that
where an employee is employed in relation to only one of the activities
referred to in subclause (3) of this clause, such employee shall continue as a
seasonal casual until the expiration of that activity.
(5) Nothing in
this clause shall be construed as to circumvent permanent employment in
connection with the operation of the employer's juice processing plant.
(6) Seasonal
Casual Employee - The hourly rate for a seasonal casual employee shall be
ascertained by dividing the total ordinary rate of pay prescribed for the
relevant classification in clause 3, Rates of Pay, plus 15 per cent, by 38.
5. Casual and Seasonal
Employment Generally
The provisions of the following clauses in this award shall
not apply to casual employees or seasonal casual employees: Clauses 8,
Holidays, 11, Sick Leave, 12 Personal Carer’s Leave, 13, Bereavement
Leave, and clause 15, Redundancy.
6. Hours
(1)
(a) The ordinary
hours of work shall not be more than an average of thirty eight per week
(except for recognised meal breaks) and these hours shall be worked between
5.00 am and 6.00 pm, Monday to Friday inclusive.
(b) Where
eight-hour shifts are worked:
(a) An employee
shall accrue one rostered day off per month.
(b) The Company
shall have the right to nominate when an employee shall take a rostered day
off. The Company can exercise this right on seven occasions during each
calendar year. The Company must provide an employee with a least twelve hours
notice of any requirement to take a rostered day off. An employee shall have
the right to take the remainder of his or her rostered days off at a time of
his or her choosing, provided that the date chosen by the employee is suitable
to the Company. This may include an employee accruing rostered days off for the
purposes of taking them in a block either before or after a period of annual
leave. The number of rostered days off accrued by an employees at any one time
shall not exceed five.
(c) Where an
agreement is reached pursuant to clause 29, Structural Efficiency, the
following may apply:
(i) The ordinary
hours of work shall be worked on four days consisting of eight hours and one
day consisting of six hours. The day consisting of six hours shall be either a
Monday or a Friday.
(d) Any dispute arising
out of the implementation of this subclause shall be progressed in accordance
with clause 26, Dispute Settling Procedure.
(2) Shift
Workers:
(a) The ordinary
hours of shift workers shall average 38 per week, Monday to Friday inclusive,
and these hours shall be worked between the hours set out in paragraphs (b) and
(c) below.
(b) For the
purpose of this clause: Day Shift means any shift starting from 5.00 a.m. or up
to 11.59 a.m. Afternoon Shift means any shift starting at 12 noon or up to 5.59
p.m.
(c) Night Shift
means any shift starting at 6.00 p.m. or thereafter, but concluding before 6.00
a.m. on the next following day.
(d) Shift workers
employed on afternoon shifts shall be paid 15 per cent in addition to his/her
ordinary rate for such shifts.
(e) Shift workers
employed on night shifts shall be paid 30 per cent in addition to his/her
ordinary rates for such shifts.
(f) Employees
shall not lose time changing from one shift to another shift.
(g) Shift workers
on afternoon or night shift shall be allowed a crib time of at least twenty
minutes, which shall be counted as time worked. Crib time may, at the
discretion of the Company, be staggered in such a way as to cause minimum
disruption to operations.
(3) Enterprise
Agreement - Nothing in this clause shall preclude the Company agreeing with a
majority of its employees in accordance with clause 29, Structural Efficiency,
to alter the arrangements for day workers and shift workers to take account of
the changing requirements of the enterprise.
7. Overtime
(1) All time
worked in excess of eight hours on any day, Monday to Friday inclusive, and all
time worked on Saturday before 12.00 noon shall be paid for at the rate of time
and a half for the first two hours and double time thereafter.
(2) All time
worked on a Saturday after 12.00 noon shall be paid for at double time. This
applies to day shift only.
(3) All time
worked on Sunday shall be paid for at the rate of double time. Payment at
double time shall continue until the completion of the work commenced on that
day.
(4) Shift Workers -
All overtime worked by shift workers, Monday to Friday inclusive, shall be paid
for at double time.
(5) An employee,
after the completion of overtime work performed after their usual ceasing time,
shall be entitled to be absent until the employee has had ten consecutive hours
off duty without deduction of pay. If on the instruction of the employer an
employee resumes work without having had such ten hours off duty, the employee
shall be paid at double rates until the employee is relieved from duty to take
such a rest period. The employee shall then be entitled to be absent for a
period of ten consecutive hours off duty without deduction of pay.
(6) An employee
required to work during their recognised meal break shall be paid at the
appropriate overtime rates until such time as the employee receives a meal
break of the usual period.
(7) Reporting for
Duty - Employees directed to report for duty on Saturdays and Sundays and on
arrival are advised that their services are not required, shall be paid for
four hours at the appropriate overtime rates on Saturdays and for four hours on
Sundays.
(8) Junior
Employees - May be required to work overtime when such is being worked by the
general body of employees on essential occasions.
(9) All work
performed by day workers on Christmas Day and Good Friday shall be paid for at
the rate of triple time. All work performed on other public holidays shall be
paid for at the rate of double time and one-half for all time worked. The
minimum payment shall be for four hours at triple or double time and one-half,
as the case may be. Payment at treble or double time and a half shall continue
until the completion of the work commenced on the public holidays.
(10) Recall to Work -
Employees recalled to work after leaving the employer's premises or place of
work are to be paid a minimum of four hours at the appropriate overtime rates
of pay, provided that in the case of unforeseen circumstances arising, the
employee shall not be required to work the full four hours if the job the
employee was recalled to perform is completed within a shorter period.
(11) Notification of
working of overtime on Saturday and/or Sunday shall be posted in the usual
manner on Fridays. If an employee is not notified and does not work on a
Saturday or a Sunday, and overtime is required on a Monday, notification given
to employees working on Saturday and Sunday shall be sufficient notice to such
employee.
8. Holidays
(1) Full-time
employees shall be entitled to the following public holidays without loss of
pay:
New Year's Day, Australia Day, Anzac Day, Good Friday,
Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Christmas Day,
Boxing Day, and such other days as may be gazetted public holidays throughout
the State.
(2) Annual Picnic
Holiday - In addition to the above public holidays, one ordinary working day
fixed by mutual agreement between the Company and the union shall be regarded
as a paid holiday for all employees actually employed at the agreed date and
who are in possession of a full picnic ticket issued by the union.
(3) Employees are
to be paid for the same number of hours as they would have worked had the day
not been a holiday.
(4) Employees must
be in attendance at work the day before and the day after such holidays, but
where work is not carried on right up to the holiday or resumed immediately
after, as at Christmas/New Year periods, payments for such holidays will be
earned if the employee worked up to the time of the general stoppage and
resumes work when work starts again. If for any sufficient reason the employee
is unable to fulfil these conditions, but commenced work at a later date,
payment may be made at the discretion of the Company, which must be satisfied
with the reason given by the employee.
(5) If a holiday
occurs during the first month's employment of an employee and the employee is
absent through illness, payment for the holiday at the wage rate paid
immediately prior to the commencement of this absence shall be made. However,
this provision will not apply where an employee is receiving workers'
compensation.
(6) If an employee
has been granted leave of absence without pay, any holiday occurring during the
first two weeks of such absence is to be paid for at the wage rate immediately
prior to the commencement of the employees absence.
9. Annual Leave
(1) See
provisions of the Annual Holidays Act 1944.
(2) In the case of
an employee dying and leaving a widow and/or dependants surviving him/her, the
monetary value of annual leave due at the time of death shall be paid to the
widow and/or dependants.
(3) Loading on
Annual Leave: During a period of annual leave an employee shall receive a
loading calculated on the rate of wage prescribed by clause 3, Rates of Pay.
(a) Day Workers -
An employee who would have worked on day work only had he/she not been on leave
- a loading of 17.5 per cent.
(b) Shift Workers -
An employee who would have worked on shift work had he/she not been on
leave a loading of 17.5 per cent.
Where an employee would have received shift loadings
prescribed by subclause (2) of clause 6, Hours, had he/she not been on leave
during the relevant period, and the shift loading exceeds the annual leave
loading of 17.5 per cent, then the shift loadings shall be paid in lieu of the 17.5 per cent annual leave
loading.
The loading prescribed by this subclause shall not apply to
proportionate leave on termination.
10. Long Service Leave
See Long Service Leave Act 1955.
11. Sick Leave
(1) Upon the
completion of three months service employees shall be entitled during their
first year of any period of service to sick leave of five days of ordinary
working time. On each occasion this entitlement shall be subject to the
production of a medical certificate or other satisfactory evidence.
(2) During the
second and subsequent years of any period of service employees shall be
entitled to eight days sick leave of ordinary working time.
(3) Where an
employee is employed in any year as above for less than three months, sick
leave on the conditions stated herein will be available for a period not
exceeding 3.5 hours pay per month, but the Company may, at its discretion (and
without establishing any precedent) grant sick leave not exceeding a total of five
days of ordinary working time each year.
(4) An employee
being sick for one day and, in the case of an employee with less than three
months service being sick for one half day, a statutory declaration will be
satisfactory proof of his or her illness.
(5) It shall be
compulsory for all employees meeting with an accident or illness involving
absence from work and incurring medical attention to complete promptly and
fully the necessary claim forms relating to workers' compensation where such
compensation can rightly be claimed.
(6) Cumulative
Sick Leave - Subject to the above clauses, employees who have completed at
least three years continuous service shall be entitled to accumulative sick
leave at the rate of 5 days of ordinary working time for each year of
continuous service. Such accumulation shall be unlimited. Upon termination of
employment, for reasons other than misconduct, if the employee has accumulated
at least 15 days sick leave, the employee shall be paid the money value of the
accrued sick leave at the rate of 5 days of ordinary working time assessed at
the rates of pay applicable during such accumulation.
(7) Where in the
opinion of the Company a claim for sick leave involves an abuse of the fair and
reasonable interpretation of the clause, the Company will, before payment is
made, refer the circumstances of such case to a Board of Reference comprising
Works Manager, Union Organiser, and The Australian Workers' Union, New South
Wales Job Representative, and their decision will be final.
12. Personal/Carer's Leave
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 11, Sick
Leave, 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.
(b) 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.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
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 the 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 subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(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.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and 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.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
-
(a) 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.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) 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.
(4) Time Off in
Lieu of Payment for Overtime -
(a) 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 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
-
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) 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 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.
(6) Rostered
Days Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) 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 a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) 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.
13. Bereavement Leave
(1) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death of a person within Australia as prescribed in
subclause (3) of this clause.
(2) 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.
(3) 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 (ii) of paragraph (c) of subclause (1) of clause 12, 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.
(4) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(5) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause 12. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
14. Terms of Employment
(1) Unless
otherwise specified employment shall be full-time.
(2) Employment
shall be terminated by a week's notice on either side, given at any time during
the week.
(3) The provisions
of this clause shall not disentitle the Company from dismissing an employee
summarily and without notice in the case of misconduct and, in such case, wages
shall be paid up to the time of dismissal only.
(4) The Company
shall be entitled to deduct payment for any day upon which an employee cannot
be usefully employed due to a strike or breakdown of machinery (for which the
Company cannot be held responsible) or due to the fact that fruit is not
available to be processed because of the seasonal nature of the industry. But
in no case shall the number of days upon which payment may be deducted exceed
five days each year.
15. Redundancy
Application -
(a) The provisions
of this clause shall apply in respect of full-time and part-time persons
employed in the classifications specified in clause 3, Rates of Pay.
(b) This clause
shall only apply to the company if it employs 15 persons or more immediately
prior to the termination of employment of an employee or employees.
(c) Notwithstanding
anything contained elsewhere in this clause, this subclause shall not apply to
employees with less than one year's continuous service and the general
obligation on the company shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this clause, this subclause shall not apply
where employment is terminated in accordance with subclause (3) of clause 14,
Terms of Employment, or in the case of casual or seasonal casual employees, or
where employment is terminated due to the ordinary and customary turnover of
labour, or in respect of employees engaged for a specific period of time or for
a specific task or tasks.
(2) Introduction
of Change -
(a) Company's Duty
to Notify -
(i) Where the
company has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the company shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(ii) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the company'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.
Provided that where this clause makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Company's Duty
to Discuss Change -
(i) The company
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) of
this subclause, 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 give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(ii) The
discussion shall commence as early as practicable after a definite decision has
been made by the company to make the changes referred to in paragraph (1) of
this subclause.
(iii) For the
purpose of such discussion, the company 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 the company shall not be required to disclose confidential
information the disclosure of which would adversely affect the company.
(c) Discussions
before Terminations -
(i) Where the company
has made a definite decision that the company no longer wishes the job the
employee has been doing to be done by anyone pursuant to paragraph (a) of this
subclause and that decision may lead to the termination of employment, the
company shall hold discussions with the employees directly affected and with
the union to which they belong.
(ii) The
discussions shall take place as soon as is practicable after the company has
made a definite decision which will invoke the provision of subparagraph (a) of
this paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(iii) For the
purpose of the discussions the company 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, the number of employees normally employed and the period over which
the terminations are likely to be carried out. Provided that the company shall
not be required to disclose confidential information the disclosure of which
would adversely affect the company.
(3) Termination
of Employment -
(a) Notice for
changes in production, programme, organisation or structure - This subclause
sets out the notice provisions to be applied to terminations by the company for
reasons arising from production, programme, organisation or structure, in
accordance with paragraph (1) of subclause (b) of this clause.
(i) In order to
terminate the employment of an employee, the company 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
|
(ii) 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.
(iii) 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.
(b) Notice for
Technological Change - This paragraph sets out the notice provisions to be
applied to termination by the company for reasons arising from technology in
accordance with paragraph (a) of subclause (2) of this clause:
(i) In order to
terminate the employment of an employee, the company shall give to the employee
three months' notice of termination.
(ii) 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.
(iii) The period of
notice required by this subclause to be given shall be deemed to be service
with the company for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(c) Time Off
during the Notice Period -
(i) During the
period of notice of termination given by the company, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five days time off over a five-week period, for the
purpose of seeking other employment.
(ii) 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, at the
request of the company, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent. For
this purpose a statutory declaration will suffice.
(d) Employee
Leaving during the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
to which the employee would have been entitled had the employee remained with
the company until the expiry of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of
Employment - The company shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the classification
of or the type of work performed by the employee.
(f) Notice to
Centrelink - Where a decision has been made to terminate employees, the company
shall notify Centrelink as soon as possible, 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.
(g) Centrelink
Employment Separation Certificate - The company 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 by
Centrelink
(h) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties for
reasons as set out in paragraph (a) of subclause (1) of this clause, 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 company may, at its 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 rates for the number of weeks of notice still owing.
(4) Severance
Pay -
(1) Where an employee
is to be terminated pursuant to subclause (3) of this clause, subject to
further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the employee the following severance pay in respect of a
continuous period of service:
(i) If an
employee is under 45 years of age, the company shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(ii) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
Years of Service
|
45 Years of Age and
over Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(iii) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
clause 3, Rates of Pay, clause 6, Hours, and clause 20, First-aid Service.
(b) Incapacity to
Pay - Subject to an application by the company and further order of the
Industrial Relations Commission, the company may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this
subclause.
The Commission shall have regard to such financial and
other resources of the company concerned as the Commission thinks relevant, and
the probable effect paying the amount of severance pay in paragraph (a) of this
subclause will have on the company.
(c) Alternative
Employment - Subject to an application by the company and further order of the
Commission, the company may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (a) of this subclause if the company obtains
acceptable alternative employment for an employee.
(5) Savings Clause
- Nothing in this award shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy arrangement, taken as a whole,
between the industrial organisation of employees and the company.
16. Payment of Wages
(1) One day of
each pay period shall be recognised as pay day by the Company and it shall not,
except by arrangements between the union and the Company, be later than the
same day each pay period.
(2) The period
shall close not more than three working days before the recognised pay day.
(3) The Company
shall provide printed slips upon which employees requiring details of deduction
or other queries arising from such pay shall give details and such written
requests shall receive prompt attention by the Company.
(4) Employees
(including casuals) shall be paid their wages weekly. At the discretion of the
Company, payment shall be made by cash, cheque or by electronic funds transfer
into an account at an acceptable financial institution nominated by an
employee. Employees who at the discretion of the Company receive payment by cash
or cheque shall be paid during ordinary working hours at a time convenient to
the Company.
(5) When
employees, other than shift workers, are discharged on proper notice as per
this award they shall be entitled to payment of all wages due at the time of
termination of employment on application to the Company's pay or General Office
and the Company shall make provision for such payment in full and within thirty
minutes of regular finishing time of a normal working day.
(6) In the case of
shift workers, payment shall be made upon application within the normal
business hours of the Company on the day following termination of employment.
(7) Any employee
required to wait after their ordinary finishing time to receive their wages,
except as previously specified, shall be paid at the ordinary rates of pay for
all time kept waiting to be paid.
(8) In the case of
resignation and release by the Company, employees shall be paid all wages due
to them within twenty-four hours after the Company's proper representative has
arranged the necessary release of the employee.
17. Meal Allowance
Employees required to work for more than one hour past the
recognised knock-off time, without being notified the day immediately before
that they will be required to work, shall either be supplied with a meal by the
Company or paid the amount as set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates. If the notice is given and the overtime
is not worked (except as a result of breakdown in machinery or plant) the tea
money prescribed herein shall be paid.
18. Morning and Afternoon
Tea
(1) At a time
mutually convenient to the Company and the employees there shall be, on each
day worked, a break of twelve minutes during which employees may rest from
active duties.
(2) This
twelve-minute break is to be taken without causing unreasonable cessation of
production where mechanical cooking processes are involved and it may, at the
discretion of the Company, be staggered in such a way as to cause minimal
disruption to any or all operations
(3) This break of
12 minutes shall be effective during each working morning and afternoon and
during overtime when the time worked exceeds two hours from the commencement of
the period of overtime. If, in the opinion of the Foreman, the general body of
employees will not have completed their work at the expiration of a further two
and one-half hours, an additional tea break shall be given upon completion of
the additional two hours overtime. The employer shall provide utensils and
labour to brew tea at the commencement of each tea break.
19. Dining/Rest Rooms
and Lockers
(1) The company
shall set aside a special room as dining room, and shall provide adequate
tables and seating accommodation. Hot water shall be made available free of
charge to the employees immediately the meal break or rest period commences.
The necessary labour shall be provided by the Company to keep such appointments
in clean condition.
(2) As far as
practicable, lockers shall be provided for employees.
20. First-Aid Service
(1) Where
practicable, one employee in each section shall be qualified in first-aid and
suitable outfits shall be provided and maintained in central and suitable
positions by the Company.
(2) In the event
of any serious accident happening to any employee whilst at work the Company
shall, at its expense, provide transport facilities to the nearest Doctor.
(3) Any qualified
employee appointed to perform first-aid duty shall be paid the amount per day
as set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, in addition to his or her ordinary wage rate.
21. Protective Clothing.
(1) Employees
shall be provided with suitable rubber boots, aprons and protective clothing
where necessary.
(2) Where
employees are working on wet floors and/or floors affected by fruit substances,
duck-boards shall be provided, except where gum boots are supplied.
(3) Employees
engaged in steaming and/or cleaning down machinery shall be supplied with
overalls.
(4) All protective
clothing equipment shall be provided by the employer, free of charge, and when
supplied must be returned on completion of employment.
22. General Conditions
(1) Drinking Water
- The Company shall supply an adequate supply of filtered cool drinking water
at convenient places throughout the establishment and, where possible, will
provide a sanitary type of drinking vessel in a position adjacent to such water
supply.
23. Time Books and Inspection
See Part 7 of the Industrial Relations Act 1996.
24. Job Representatives
A Job Representative, appointed by the employees shall be
allowed the necessary time during working hours to interview the employer or
Company Officer in charge on matters affecting the employees whom he/she
represents.
25. Mixed Functions
(1) An employee
who is required to do work of a higher paid classification for at least two
hours during any one day shall be paid for the whole day at the rate prescribed
for such class of work.
(2) Provided that
such employee shall be paid at the rate for such higher classification for the
whole of the day if such work is performed for over four ordinary hours on any
day and for the whole of the week if such work is performed continuously for
over 20 ordinary hours in any week.
(3) Subject to
subclause (1) of this clause, an employee who is required to do work of a
higher paid classification for over one hour but for less than four hours
during any one day shall be paid at such higher rate whilst so employed.
26. Dispute Settling
Procedure
The procedure for the resolution of industrial disputation
will be in accordance with the following procedure:
(1) Procedure relating
to a grievance of an individual employee:
(a) The employee
shall notify the employer (in writing or otherwise) as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b) The grievance
must initially be dealt with as close to the source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(2) Procedure for
a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
27. Superannuation
(1) The subject of
superannuation contributions is dealt with extensively by legislation including
the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993 and the Superannuation (Resolution of Complaints) Act 1993. The
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
(2) The employer
shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS)
Australian Superannuation Savings Employment Trust
(ASSET)
Such other funds that comply with the requirements of
the legislation
and shall participate in accordance with the Trust Deed of
that fund.
NOTATION: Employer contributions under relevant legislation
are set at 7% until 30 June 2000, when they will increase to 8% and a final
adjustment of 9% from 1 July 2002
(3) The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund
within 14 days.
(4) An employee
may make contributions to the fund in addition to those made by the employer.
(5) An employee
who wishes to make additional contributions must authorise the employer in
writing to pay into the fund from the employee’s wages a specified amount in
accordance with the Trust Deed and the rules of the fund.
(6) An employee
may vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of the receipt
of the authorisation.
(7) All
contributions shall be made at the completion of each calendar month.
(8) Ordinary time
earnings shall be defined as including:
(a) award
classification rate;
(b) overaward
payment;
(c) shift loading -
including weekend and public holiday penalty rates earned by shift employees on
normal rostered shifts forming the ordinary hours of duty not when worked as
overtime;
(d) casual loading
in respect to casual employees including 1/12th annual holiday loading.
Ordinary time earnings does not include bonuses, commission,
payment for overtime or other extraordinary payment, remuneration or allowance.
28. Skills
(1) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award, provided that such duties are not designed to promote
deskilling.
(2) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
(3) Any direction
issued by an employer pursuant to subclauses (a) and (b) of this clause shall
be consistent with the responsibility to provide a safe and healthy working
environment.
29. Consultation
(1) The parties to
this agreement are committed to co-operating positively to increase the
efficiency, productivity and international competitiveness of Nugan Quality
Foods plant operation and to enhance the career opportunities and job security
of the employees.
(2) The employer,
the employees and The Australian Workers' Union, shall establish a consultative
mechanism and procedures appropriate to the size, structure and needs of the
operation to achieve the aims outlined in subclause (a) of this clause.
(3) Any disputes
arising in relation to the implementation of subclause (b) of this clause shall
be subject to the provisions of clause 24, Dispute Settling Procedure.
30. Flexibility
Employees in the classifications as set out in Table 1 -
Total Wage Rates, of Part B, Monetary Rates, are to perform a wider range of
duties, including work which is incidental or peripheral to their main tasks or
functions.
31. Recognised Industrial
Organisation of Employees
The following industrial organisation of employees is
recognised, within the limits of its rules and constitution, to be the relevant
industrial organisation of employees at the Griffith Juice Plant Operations of
Nugan Quality Foods Pty Ltd:
The Australian Workers' Union, New South Wales.
Nothing stated above is to be construed to confer a right of
preference of employment in favour of a member of an industrial organisation of
employees over a person who is not a member of an industrial organisation of
employees.
32. Area, Incidence and
Duration
(1) This award has
been reviewed in accordance with section 19 of the Industrial Relations Act
1996. It shall apply to the employees of Nugan Quality Foods Pty Ltd, employed
at its Griffith Juice Plant in the classifications as set out in Table 1 -
Total Wage Rates, of Part B, Monetary Rates.
(2) This award
rescinds and replaces the Nugan Quality Foods Pty Ltd Employees (State) Award
published 24 June 1994 (280 IG 662).
(3) This award
shall operate on and from the first full pay period on or after 30 March 2001
and remain in force for a period of 12 months.
PART B
MONETARY RATES
Table 1 - Total Wage Rates
|
Classification
|
Current Rate
$
|
SWC 2000
$
|
Total Rate
$
|
|
Evaporator Operator
|
427.20
|
15.00
|
442.20
|
|
General Hand
|
402.55
|
15.00
|
417.55
|
|
Lift Operator
|
427.20
|
15.00
|
442.20
|
|
Junior Employees
|
|
|
|
|
Under 17 years of age
|
205.28
|
15.00
|
220.28
|
|
Under 18 years of Age
|
323.64
|
15.00
|
338.64
|
|
18 years and over General Hand
|
402.55
|
15.00
|
417.55
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
|
1
|
3(a)
|
Supplementary Payment
|
14.30 per week
|
|
2
|
3(b)
|
Freezer Allowance
|
10.90
|
|
3
|
3(c )
|
Leading Hands
|
13.20
|
|
4
|
17
|
Meal Allowance
|
5.25
|
|
5
|
20
|
First Aid
|
1.80 per day
|
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.