STOREWORKERS - CAMPBELLS CASH AND CARRY PTY. LIMITED (NSW), NUW NSW
BRANCH AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by National
Union of Workers, New South Wales Branch, industrial organisation of employees.
(No. IRC1384 of 2000)
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Before The Honourable
Mr Justice Wright, President
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9 March 2001
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AWARD
1. Arrangement
Clause No. Subject matter
1. Arrangement
2. Title
3. Parties
4. Hours of
Day Work
5. Shift
Work
6. Definitions
7. Flexibility
of Work
8. Enterprise
Consultation Mechanism
9. Wages
10. Part-time
Employees
11. Freezer
Allowances
12. First-Aid
13. Casual
Employees
14. Payment of
Wages
15. Mixed
Functions
16. Overtime
17. Meal Hours
18. Meal Hours
Rates of Pay
19. Meal
Allowance
20. Crib Time
21. Holidays
22. Sunday
Work
23. Annual
Leave
24. Long
Service Leave
25. Sick Leave
26. Personal/Carers'
Leave
27. Bereavement
Leave
28. Fares and
Travelling
29. Terms of
Engagement
30. General
Provisions
31. Union
Delegate
32. Dispute
Settling Procedure
33. Counselling
Procedure
34. Jury
Service
35. Attendance
at Repatriation Centres
36. Right of
Entry
37. Deduction
of Union Membership Fees
38. Area,
Incidence and Duration
39. Anti-Discrimination
Annexure 1
2. Title
This Award may be referred to as the Storeworkers -
Campbells Cash and Carry Pty. Limited (NSW) NUW, NSW Branch Award 2001.
3. Parties
The parties bound by this Award are:
M C International Pty. Ltd.
Campbells Cash and Carry Pty Limited; and
The National Union of Workers, NSW Branch; and
All employees of the company covered by the Storemen and
Packers General (State) Award, employed at the sites listed in Annexure 1, and
any future branches operating in the State of NSW (excluding Orange), whether
they are, or are not, members of the National Union of Workers, NSW Branch.
4. Hours of Day Work
(i) The ordinary
working hours of weekly employees, exclusive of meal times, shall not exceed
ten hours per day nor be less than four hours per day or more than thirty-eight
hours per week or where appropriate, an average of thirty-eight hours per week
over any four week period and shall be worked on not more than five days of the
week. Such hours shall be worked
between 6.00 a.m. and 8.00 p.m., Monday to Sunday, inclusive.
(ii) Times for starting
and finishing once having been set, shall not be altered without giving seven
days notice to the employee concerned, except in the case of emergency or by
mutual agreement. Provided that an
earlier starting time than that provided in this clause may be introduced by
mutual agreement.
(iii) Sunday - All
ordinary time worked shall be paid at the rate of time plus 100%.
No existing weekly employee prior to 3 October 1994,
will be forced to change his/her ordinary working hours from the current Monday
to Friday roster.
(iv) Existing
weekly employees will be given first preference to volunteer for other shifts
which include ordinary hours of work on Saturday and/or Sunday.
All new employees engaged on or after 3 October 1994
may be required to work on any roster including weekend work to suit the need
of the individual Branch.
(v) The Company
may bank up to five rostered days off an individual employee so as to meet the
needs of the Branch. The taking of the
banked days shall be as mutually agreed with the individual employee concerned.
5. Shift Work
(i) For the
purpose of this Clause:
"Afternoon Shift" means any shift where the
ordinary hours of work finish after 8.00 p.m. and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8.00 a.m.
(ii) Hours:
(a) The ordinary
working hours of shift workers shall not exceed ten hours per day or more than
thirty-eight hours per week or where appropriate, an average of thirty-eight
hours per week over any four week period and shall be worked on not more than
five shifts, Monday to Sunday inclusive.
Provided that a night shift may commence not earlier than 10.00
p.m. Sunday night without the payment
of overtime.
(b) Such ordinary
hours shall be worked continuously except for a 30minute break which shall be
counted as time worked.
(c) All ordinary
time inclusive of shift allowances worked on Sunday shall be paid at the rate
of time plus 100%. The company may bank
up to five rostered days of an individual employee so as to meet the needs of
the Branch. The taking of the banked
days shall be as mutually agreed with the individual employee concerned.
(iii) Commencing
and Ceasing Times - The time of commencing and ceasing shifts once having been
determined, may be varied by mutual agreement to suit the circumstances of the
establishment or in the absence of agreement by seven days' notice of
alteration given by the Company to the employees.
(iv) Afternoon or
Night Shift Allowances -
(a) A shift worker
whilst on afternoon shift shall be paid for such shift an allowance of 17½% in
addition to the ordinary rate provided in clause 9, Wages.
(b) A shift worker
whilst on night shift shall be paid for such shift an allowance of 27½% in
addition to the ordinary rate provided for in clause 9, Wages.
(c) Shift work
allowances shall not be decreased by virtue of a shift worker's absence from
work on account of a public holiday, or if absent on annual leave, accrued sick
leave, bereavement leave or jury service.
(v) Overtime -
Shift workers for all the time worked in excess of or outside the ordinary
working hours prescribed by this Award, shall be paid at the rate of time and a
half for the first two hours, then double time thereafter.
Such overtime rates shall be in substitution for and
not cumulative upon shift allowances prescribed in subclause (iv) hereof.
NOTE: See
subclause (v) of clause 16, Overtime, for the rest periods after overtime.
(vi) Requirements
to Work Reasonable Overtime - The Company may require employees to work
reasonable overtime to meet the needs of the business.
(vii) Sundays and
Public Holidays - Shift workers for all overtime on Sunday or holiday shall be
paid at the rate prescribed by clause 21, Holidays, or clause 22, Sunday Work,
in lieu of the shift allowances prescribed in this Clause. Where shifts commence between 10.00 p.m. and
midnight on a holiday, the time so worked before midnight shall not entitle the
employee to the holiday rate; provided that the time worked by an employee on a
shift commencing between 10.00 p.m. and midnight on the day proceeding a
holiday and extending into a holiday shall be regarded as time worked on such
holiday.
Where shifts fall partly on a holiday, that shift the
major portion of which falls on a holiday shall be regarded as the holiday
shift.
6. Definitions
"Storeworker shall mean an employee who receives goods
and/or stores goods and/or picks goods and/or assembles orders and/or stacks
goods or orders and/or despatches goods or orders and/or loads and unloads
vehicles (including railway trucks) and/or packs and unpacks bulk containers
and/or carries out necessary paperwork relative to such work and in the course
thereof may be required to operate computers or any mechanical, electrical, or
other power-driven appliance.
"Fork Lift Driver" shall mean a Storeworker who is
principally engaged in driving a forklift truck and who holds, for the purpose,
a certificate of competency under Section 17 of the Construction Safety Act, 1912, as amended.
"A week" for all purposes of this agreement, and
relevant legislation shall be an average of thirty-eight hours over any four or
five days, Monday to Sunday inclusive.
"The company" shall mean either MC International
Pty. Ltd. or Campbells Cash and Carry Pty. Limited., as the case may be.
7. Flexibility of
Work
The Company may direct an employee to carry out such duties
as are within the limits of the employee's skill, competence and training.
8. Enterprise
Consultative Mechanism
At each Branch, there shall be established a consultative
mechanism and procedures appropriate to the size of the Branch, its structure
and needs for consultation and negotiation on matters affecting efficiency and
productivity. Such matters that may be discussed are:-
* Checkout
operations by single employees;
* Cash
tendering at checkouts;
* New
technology and practices;
* More
flexible working arrangements.
9. Wages
The weekly wage for employees covered by this Award subject
to alteration as provided by this Award, shall be set out hereunder:
(i) Adults
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CLASSIFICATION
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$
|
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Storeworker
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516.60
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Storeworker/Fork
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529.20
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Fork Driver
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542.00
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Receiver or Store Supervisor
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557.70
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(ii) Junior
storeworkers receive the following percentages of the "Storeworkers"
Classification:
|
AGE
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PERCENTAGE
|
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At 16 years and
under
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50%
|
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At 17 years
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60%
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At 18 years
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70%
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At 19 years
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80%
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At 20 years
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90%
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Rates are calculated to the nearest 10 cents.
(iii) Junior
employees employed prior to 1 December 1997 will have their weekly wage
calculated on the following scale:
|
AGE
|
PERCENTAGE OF
STOREWORKER
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At 17 years and
under
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60%
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At 18 years
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70%
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This provision operates until the individual employees
weekly wage calculated under sub-clause (ii) exceeds the wage calculated under
the sub-clause.
(iv) Juniors
employed in any other class of work to that described in subclause (ii) shall
received the appropriate adult rate.
(v) A clothing
allowance of $4.00 per week, shall be paid to all weekly employees. Where a uniform is provided, the allowance
shall be a compensation for laundry.
(vi) Employees
covered by this Award shall be entitled to receive movements in wages and
allowances provided by State Wage Case Decisions.
10. Part-Time
Employees
(i) Part-time
employees may be engaged and shall be regularly employed for a fixed number of
ordinary hours per week, at minimum of 4 hours per day, with a minimum of 16
hours per week and a maximum of 32 hours per week.
(ii) Part-time
employees shall be paid at the hourly rate equivalent of the appropriate weekly
rate prescribed by clause 9, Wages.
(iii) Part-time
employees shall be entitled to all the conditions of this Award on a
proportionate basis to the ordinary hours worked.
(iv) Existing
employees at 3 October 1994 may, if they wish, volunteer for part-time
positions that may become available.
11. Freezer
Allowances
(i) If employed
as full-time in the freezer - $24.70 per week extra;
(ii) If employed
on an occasional basis in the freezer - $7.70 per week extra;
(iii) If relieving
on freezer work as described above, the employee shall receive a pro-rata
payment as appropriate.
(iv) The Company
shall provide suitable freezer protective clothing which shall remain the
property of the Company.
(v) For the
purpose of this clause, a freezer means a room where the inside temperature
falls below 0 degrees centigrade.
(vi) This clause
shall not apply to work associated with or in the dairy or cool room.
12. First-Aid
A proper first-aid kit shall be maintained. The qualified first-aid attendant shall
receive $14.10 per week extra;
13. Casual Employees
(i) Casuals may
be employed in any class of work at the hourly equivalent of the appropriate
weekly rate, plus a 15% loading, Monday to Sunday, inclusive.
(ii) Pro-rata
holiday pay being 1/12th of ordinary earnings shall also be paid in the hourly
rate above.
(iii) Casuals
working on Sunday shall receive an extra loading of 50 per cent (50%).
(iv) A minimum
payment of four hours shall be paid for each start.
(iv) Existing
casuals as at 1 December 1997 who work regularly on a Saturday will, for time
worked on Saturday, have their existing total hourly rate saved until the new
casual rate under this Award exceeds the dollar value of that saved hourly
rate.
14. Payment of Wages
(i) All employees
shall be paid during working hours on a day not later than Thursday of each
week. Casual employees shall, where
practicable, be paid at the termination of their engagement.
(ii) Wages will be
paid by Electronic Funds Transfer into a financial account of the employee's
choosing and any costs associated with an employee running the financial
account are contemplated in the wages paid under this Award.
(iii) EFTPOS will
be available for all employees at the workplace.
15. Mixed Functions
An employee employed for two hours or more per day or ten
hours or more per week for work other than that on which he is regularly
employed and for which a higher rate of pay is provided for herein, shall
receive such higher rate of pay for the whole day or the whole week as the case
may be, whilst so employed. If employed
for less than two hours on any day, he shall receive such higher rate of pay
whilst so employed.
No employee shall suffer any reduction in wages if
temporarily employed on work other than that on which he regularly is employed
and for which a lower rate of pay is provided for herein.
16. Overtime
(i) Overtime
shall mean all time worked:
(a) Before an
employee's rostered starting time or after an employee's rostered finishing
time, Monday to Sunday inclusive as provided within clause 4, Hours of Day
Work, or clause 5, Shift Work of the Award.
(b) Outside the
ordinary spread of hours prescribed in clause 4, Hours of Day Work, or clause
5, Shift Work.
(c) Outside the
specified maximum hours prescribed in the said clause 4 or clause 5.
(ii) Overtime
shall be paid for at the rate of time and one-half for the first two hours and
double time thereafter.
(iii) Employees who
have been notified of the intention to work overtime on a Saturday shall be
paid for a minimum of 4 hours even if such 4 hours are not worked. Provided that if any employee is notified to
work more than 4 hours and then is not required to work those hours, the
minimum payment shall be the period of the original notification.
(iv) The Company
may require employees to work reasonable overtime to meet the needs of the
business.
(v) When overtime
work is necessary, it shall, wherever reasonably practicable, be arranged so
that employees have at least ten consecutive hours off duty between the work of
successive days. An employee (other
than a casual employee) who works so much overtime between the termination of
their ordinary hours on one day and the commencement of his ordinary work on
the next day that the employee has not had, at least ten consecutive hours off
duty, between those times shall, subject to this subclause, be released after
completion of such overtime until the employee has had ten consecutive hours
off duty without loss of pay for ordinary working time occurring during such
absence. If, on the instructions of the
Company, such an employee resumes or continues work without having had such ten
consecutive hours off duty, the employee shall be paid at double rates until he
has been released from duty for such period and he shall then be entitled to be
absent until he has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
This subclause shall not apply in respect to overtime
worked on Saturday and/or Sunday.
17. Meal Hours
(i) Not less than
thirty minutes or more than one hour between the hours of 12 noon and 2.00 p.m.
shall be allowed for lunch, such meal break to be unpaid. The time for partaking thereof shall be
fixed by the Company but once having been fixed, shall not be altered without
seven days' notice.
(ii) An interval
of not less than thirty minutes between 5.00 p.m. and 6.30 p.m. shall be
allowed for tea.
(iii) An employee
required to work overtime on a Saturday, Sunday or public holiday, other than
as provided in subclause (iv), shall be allowed a paid crib break of twenty
minutes for each completed five hours worked;
the said five hours to be calculated from the time of each commencement
of work.
(iv) An employee
required to work overtime for a period of between eight and ten hours between
the hours of 6.00a.m. and 8.00p.m. on a Saturday, Sunday or public holiday may
be allowed the usual weekday lunch break, and in that case, the provisions of
subclause (iii) of this clause shall not apply.
(v) Provided that the
Company and its employees may mutually agree to any variation of this clause to
meet the circumstances of the work in hand.
(vi) This clause
applies to weekly and part-time employees only.
18. Meal Hours Rates
of Pay
(i) Meal hours,
if worked, shall be paid at the rate of double time, provided that this rate
shall not apply to the tea hour if work ceases within one hour after finishing
time.
(ii) Employees
working any portion of the meal time shall be paid, if the period is less than
30 minutes, for thirty minutes, and if over thirty minutes, for the full meal
time.
19. Meal Allowance
(i) An employee
who works overtime on any weekday beyond one hour after the normal ceasing
time, shall be paid on such day $7.50 as a meal allowance. Such payment shall be made prior to the
commencement of the meal time on the day overtime is to be worked. Should an employee be notified of the
intention to work overtime and then not be called upon to do so, the employee
shall be paid an amount of $7.50.
(ii) Where a shift
worker works overtime for more than one hour prior to the normal commencing
time of his shift, the employee shall be paid a meal allowance of $7.50.
(iii) A day worker
who works overtime prior to 6.00 a.m. on any one day shall be paid a breakfast
allowance of $7.50.
(iv) Should an
employee undertake to work overtime nominated by the Company and then fail to
work the full period of overtime so nominated, the employee shall forfeit from
any moneys owing to the employee, the meal allowance.
Providing that this subclause will not apply to a day
worker who is no more than ten minutes late to work the nominated period of
overtime prior to his normal starting time due to exceptional circumstances
that are accepted by management as bona-fide.
20. Crib Time
Where work performed by a day worker is to continue after
9.00 p.m., a break of 30 minutes shall be allowed from 8.30 p.m. and such time
be counted as time worked.
21. Holidays
(i) The following
holidays or the days upon which they are observed shall be allowed to all
weekly employees without deduction from the weekly pay, viz:
New Years Day;
Australia Day;
Good Friday;
Easter Saturday;
Easter Monday;
Anzac Day;
Labour Day;
Queens Birthday;
Christmas Day;
Boxing Day,
together with all other statutory and/or gazetted
public holidays for the State.
(ii) In addition
to the holidays prescribed in subclause (i), weekly employees shall be entitled
to an additional holiday each year. By
mutual agreement of the manager and individual employee, the additional day may
be taken at any time or be added to annual leave, or be paid one day's pay in
lieu.
(iii) For time
worked on any holiday, other than Christmas Day and Good Friday, double
ordinary rates shall be paid in addition to the weekly wage a minimum of four
hours. For time worked on Christmas Day
and Good Friday, treble ordinary rates shall be paid in addition to the weekly
wage with a minimum of four hours.
(iv) Where an
employee is rostered so that they do not work their ordinary hours on the same
days each week and the employees' rostered leisure day falls on a public
holiday prescribed in subclause (i) of this clause, the employee shall be
entitled to one substituted day.
Provided that the day to be taken as a substitute
leisure day shall be determined by the Company and shall be granted on the same
day of the week as the leisure day originally fell, within a period of four
weeks prior or four weeks subsequent to the public holiday occurring.
22. Sunday Work
Overtime performed on a Sunday shall be paid at the rate of
double time and a half with a minimum of four hours provided that if an
employee is notified to work more than four hours and is then not required to
work those hours, the minimum payment shall be the period of the original notification.
23. Annual Leave
(i) See Annual Holidays Act, 1944, as amended.
(ii) An employee
at the time of this entering upon a period of Annual Leave, in accordance with
said Annual Holidays' Act, shall be entitled to an additional payment in
respect of the period of employment to which the said leave is referable,
calculated on the basis of a loading of twenty-five percent (25%), including
shift allowance where appropriate.
(iii) The loading
prescribed herein shall be paid on termination of employment where the Annual
Leave which has become due to the employee outstanding at the time of
termination.
(iv) The provision
of subclause (iii) shall not apply where an employee is dismissed for
misconduct nor shall it apply to pro-rata holiday pay paid on termination of
employment.
24. Long Service
Leave
See Long Service Leave
Act 1955, as amended.
25. Sick Leave
(i)
(a) An employee
for the time being working under this Award who, after not less than three
months continuous service with the Company, is unable to attend for duty during
their ordinary working hours by reason of personal illness or incapacity
arising from injury within the Workplace
Injury Management and Workers Compensation Act 1998 and the Workers Compensation Act 1987, as
amended, not due to the employee's own serious or wilful misconduct, shall be
entitled to be paid at ordinary time rates for the time of such
non-attendances, provided that the employee shall not be entitled to be paid
leave of absence for any period in respect of which they are entitled to
Workers' Compensation. Provided,
however, that once an employee has had three months continuous service with the
Company, the employee shall be paid for any absence due to illness that occurred
during the first three months.
(b) An employee
shall, within twenty-four hours of the commencement of such absence, inform the
Company of his inability to attend for duty and, as far as possible, state the
nature of the injury or illness, and the estimated duration of the incapacity.
(c) An employee
shall prove to the satisfaction of the Company, or, in the event of a dispute,
the Industrial Relations Commission of New South Wales, that they are or were
unable, on account of such illness, to attend for duty on the day or days for
which payment under this clause is claimed.
(d) An employee
shall not be entitled to sick leave in excess of the following:
In the first year of employment - 44 hours.
In the second year, and up to and including the fourth
year of employment - 60 hours.
In the fifth year and thereafter - 72 hours.
(e) The rights
under this clause accumulate from year to year so that any part of a week which
has not been allowed in any one year may, subject to conditions prescribed by
this clause, be claimed by the employee and shall be allowed by the Company in
a subsequent year of employment.
(ii) For the
purpose of this clause, continuous service shall be deemed not to have been
broken by:
(a) Any absence
from work by reason of leave granted by the Company.
(b) Any absence
from work by reason of personal illness, injury or other reasonable cause;
proof whereof shall in each case be upon the employee.
(iii) Service
before the date of coming into force of this clause shall be counted as service
for the purpose of qualifying thereunder.
(iv) An employee
who is absent without leave on the working day before or working day after the
rostered leisure day shall be liable to forfeit wages for that day except where
the employee produced medical evidence that is satisfactory to the Company, to
the extent that the employee's absence was caused through personal illness or
injury.
(v) Employees
under this Award shall, in any year of employment, be allowed the first two
separate single days absence on account of personal illness or injury without
production of proof of such illness or injury.
All other sick leave shall be subject to proof as
provided in subclause (i)(c) of this clause.
Provided that where the Company has reasonable proof to
suspect that an employee has abused their entitlement under this sub-clause,
the Company and the Union shall investigate and discuss the matter.
(vi) Entitlements
under this Clause do not extend to an employee on his rostered leisure day.
26. 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 25, 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 too 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.
27. Bereavement Leave
(i) An employee
shall, on the death of a person described in clause 26 (c)(ii) of this Award,
be entitled, on notice, to leave, including the day of the funeral of such
relation and such leave shall be without deduction of pay for a period not
exceeding the number of hours worked by the employee in three ordinary working
days. In the case of attendance of a
funeral of such relation outside Australia, such leave shall be without
deduction of pay for a period not exceeding the number of hours worked by an
employee in five ordinary days' work.
Proof of such death shall be furnished by the employee to the
satisfaction of the Company, together with proof of attendance in the case of a
funeral outside Australia.
(ii) Where the
death of a named relative herein occurs outside Australia and the employee does
not attend the funeral, the employee shall be entitled to one day only, unless
they can demonstrate to the company that additional time up to a period of
three days was justified.
(iii) Provided that
this clause shall have no operation while the period of entitlement to leave
under it coincides with any other period of entitlement of leave.
(iv) For the
purpose of this clause, the words, "wife" and "husband"
shall not include a wife or husband from whom the employee is legally separated
but shall include a person who lives with the employee as a de-facto wife or
husband.
(v) Entitlements
under this clause do not extend to an employee on their rostered leisure day.
28. Fares and
Travelling Time
Employees temporarily transferred shall be reimbursed any
fares or expenses involved together with payment for all extra time spent
travelling.
29. Terms of
Engagement
(i) Except as
to casual employees, full-time and part-time employment shall be on a weekly
basis.
(ii) Employment of
full-time and part-time employees during the first month of service shall be
from day to day at the weekly rate terminable by a moments notice on either
side but the Company shall indicate clearly to an employee at the time of
engagement whether they are being engaged as a full-time, part-time or casual
employee.
(iii) Subject as
provided elsewhere in this Award, employment shall be terminated by a week's
notice on either side, given at any time during the week or by the payment or
forfeiture, as the case may be, of one week's wage in lieu of notice.
(iv) Notwithstanding
any provision of subclause (i), (ii) and (iii) of this clause, the Company
shall have the right to dismiss an employee without notice for misconduct or
refusing duty.
(v) All employees
are required to work to the operational systems of the Branch and observe
Company procedures as laid down by management.
(vi) Employees may
be required to work after their normal ceasing time to attend to customers then
in the Branch or in connection with the closing of the day's business.
If the time so worked is overtime, it shall be paid at
overtime rates with any time less than fifteen minutes counted as fifteen
minutes and any time beyond fifteen minutes counted as thirty minutes.
(vii) All employees
under this Award shall, when returning to work after an absence, report to
their Manager and inform the Manager of the reason for absence.
(viii) As part of the
agreed offsets for the 1987 Second Tier Wage Increase, the following general
conditions apply:
(a) Elimination of
all walking or washing times where existing and all employees are to work up to
their official ceasing time.
(b) Co-operation
of employees with Branch Management at times of peak demand to maintain and
improve service to customers.
30. General
Provisions
(i) Each employee
on the termination of his employment shall, on request, be given a statement in
writing, signed by the Company stating the position held by the employee and
his length of service.
(ii) Adequate
waterproof clothing shall be provided to all employees when working in the
rain.
(iii) Employees
shall be provided with reasonable dining accommodation, locker, change rooms,
adequate washing and toilet facilities and a plentiful supply of hot water and
refrigerated water for drinking.
(iv) Employees
shall be allowed a ten minute morning tea break. The Company acknowledges the need of employees to comfort breaks
as the need arises.
(v) Parental
Leave - see Industrial Relations Act,
1996.
(vi) Workers
Compensation - see The Workplace Injury
Management and Workers Compensation Act 1998 and the Workers Compensation Act 1987, as amended.
Leisure days do not accrue whilst on Workers
Compensation.
(vii) The parties to
this Award acknowledge the present training provided by the Company to its
employees as appropriate to meet the needs of the enterprise.
31. Union Delegate
Where an employee is elected by their fellow employees as a
Union delegate and their name forwarded, in writing, by the Union to the
Company, the said Union delegate shall be allowed such time as is necessary to
interview the Company or its representatives on matters affecting the employees
they represent.
32. Dispute Settling
Procedure
(i) Any dispute
arising out of employment shall be referred by the Union delegate to the
Company representative appointed for this purpose.
(ii) Failing
settlement at this level between the Company and the Union delegate on the job,
the Union delegate shall refer the dispute within twenty-four hours to the
Union Organiser, who will take the matter up with the Company.
(iii) All efforts
shall be made by the Company and the Union Organiser to settle the matter, but
failing settlement, the Union Organiser shall refer the dispute to the Union
Secretary and the Company may refer the dispute to an Industrial Organisation
of Employers and the Union Secretary shall take the matter up with the
appropriate person.
(iv) During the
discussions the status quo shall remain and work shall proceed normally. "Status quo" shall mean the
situation existing immediately prior to the dispute or the matter giving rise
to the dispute.
(v) At any time,
either party shall have the right to notify a dispute to the Industrial
Relations Commission of New South Wales.
33. Counselling
Procedure
(i) Where an
employee's attendance and punctuality of attendance is not to the satisfaction
of the Company, the employee shall be entitled to two separate warnings.
(ii) Such warnings
shall be given formally and shall be in writing. A copy of the warning report shall be given to the Secretary of
the Union.
(iii) The Union
delegate or co-delegate or alternate of the shift in question, shall be present
at the time of the warning.
(iv) If, following
the aforesaid warnings, the employee's attendance and punctuality of attendance
remains not to the satisfaction of the Company, the employment may be
terminated forthwith.
(v) The
procedure outlined in the clause shall be adopted in respect to the issue of
work performance.
34. Jury Service
(i) An employee
shall be allowed leave of absence during any period when required to attend for
jury service.
During such leave of absence, an employee shall be paid
the difference between the jury service fees received and the employee's Award
rates of pay as if working.
An employee shall be required to produce to the Company
proof of Jury Service fees received and proof of requirements to attend and
attendance on jury service and shall give the Company notice of such
requirements as soon as practicable after receiving notification to attend for
jury service.
(ii) Entitlements
under this clause do not extend to an employee on their rostered leisure day.
35. Attendance at
Repatriation Centres
(i) Employees being
ex-service personnel shall be allowed as time worked, lost time incurred whilst
attending repatriation centres for medical examination and/or treatment
provided that:
(a) Such time lost
does not exceed four hours on each occasion.
(b) Payment shall
be limited to the difference between ordinary wage rates for time lost and
payment received from the Department of Veteran Affairs as a result of each
visit.
(c) The employee
produces satisfactory evidence to the Company that they are so required to and
subsequently does attend a repatriation centre.
(ii) Entitlements
under this clause do not extend to an employee on the employee's rostered
leisure day.
36. Right of Entry
See Industrial
Relations Act, 1996 (Chapter 5, Part 7).
37. Deduction of
Union Membership Fees
The company shall, upon authorisation, deduct Union
membership fees, as levied by the Union in accordance with its rules, from the
pay of employees who are members thereof.
Such monies will be forwarded to the Union at the end of each accounting
period with all necessary information to enable the reconciliation and
crediting of subscription to members' accounts.
38. Area, Incidence
and Duration
(i) This Award
shall operate from 9 March 2001 for one year but may be re-opened for
re-negotiation not earlier than 3 months prior to expiry of this Award.
(ii) This Award
applies to all branches operated by the company in the State of New South
Wales, excluding Orange.
(iii) This Award
shall be read in conjunction with the Storemen and Packers General (State)
Award but shall override that Award to the extent of any inconsistency.
39.
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,
age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect discriminatory
effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES -
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act
1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
Annexure 1
NEW SOUTH WALES
|
027
|
ALBURY
|
238 Kiewa Street
|
|
02
|
BROOKVALE
|
9-13 Winbourne Road
|
|
24
|
COFFS HARBOUR
|
14 Wingarra Drive
|
|
74
|
FAIRYMEADOW
|
91-97 Princes Highway
|
|
22
|
LEICHHARDT
|
Cnr. Flood & Allen Sts.
|
|
83
|
LIVERPOOL
|
80-82 Orangegrove Road
|
|
07
|
NORTHMEAD
|
Cnr. Boundary and Kleins Roads
|
|
12
|
ST. LEONARDS
|
6 Frederick Street
|
|
21
|
WATERLOO
|
Cnr. Sydneygate and Bourke Streets
|
|
81
|
TAMWORTH
|
107 Avro Street, Taminda
|
|
82
|
WAGGA WAGGA
|
Nagle Street
|
|
|
WICKHAM
|
Lot 32, The Avenue
|
F. L. WRIGHT J,
President.
_______________________
Printed by the authority of the Industrial Registrar.