BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1593)

SERIAL C0627

PFD FOOD SERVICES (QLD) PTY LTD SALES AND DISTRIBUTION EMPLOYEES ENTERPRISE AWARD 2001

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by PFD Food Distribution Services (Qld) Pty Ltd for a new award.

(No. IRC 5326 of 2001)

Before the Honourable Justice Marks

9 August 2001

AWARD

1. ARRANGEMENT

PART A

Clause No Subject Matter

23. Accommodation

7. Allowances

17. Annual Leave

18. Annual Leave Loading

31. Anti-Discrimination

24. Bereavement Leave

4. Contract of Employment

33. Consultative Mechanism

5. Definitions

30. Dispute Settlement Procedure

27. Personal Carer’s Leave

32. Grievance Procedure

16. Holidays

8. Hours of Work

12. Industry Conditions

29. Jury Service

19. Long Service Leave

10. Meal Breaks

14. Mixed Functions

13. Overtime

26. Parental Leave

2. Parties

21. Payment of Wages

25. Personal/Carer’s Leave

3. Preamble

22. Rest Pauses

35. Redundancy

15. Saturday and Sunday Work

11. Shift Allowances and Shift Workers

20. Sick Leave

28. Superannuation

36. Term of Award

9. Thirty Eight Hour Week

1. Title

27. Trade Union Training Leave

34. Training

6. Wages

PART B

MONETARY RATES

Table 1 - Wage Rates for Sales and Distribution Employees

Table 2 - Other Rates and Allowances

CLASSIFICATION STRUCTURES

Appendix 1 - Sales and Distribution Group Classification Structure

PART A

1. TITLE

The title of this award shall be the ‘PFD Food Services Pty Ltd Sales And Distribution Employees Enterprise Award 2001’, otherwise referred to herein as the 'Award'.

2. PARTIES

The Parties to this Award are PFD Food Services Pty Ltd (the Company), the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch, the Federated Clerks Union of Australia, NSW Branch (the Unions).

3. PREAMBLE

(a) The Parties agree the objectives of this Award are to facilitate the:

(i) efficiency and productivity of the Company's business for the benefit of its employees, customers, shareholders and community at large;

(ii) profitable manufacture of the highest quality products at the lowest cost;

(iii) development and maintenance of a harmonious and mature consultative relationship.

(b) The Parties recognise that important in achieving these objectives is

(i) a working environment in which all employees are involved in decisions affecting them, care about their jobs and each other, have the opportunity to achieve their full potential, take pride in themselves and their work and benefit from the success of their efforts;

(ii) the need for flexibility of jobs and duties within and between work areas, subject only to limitations imposed by individual skill levels.

(i) that the Parties will work co-operatively towards the objectives of the Award for all the company's employees;

(ii) that employees will carry out all duties as are within the limits of their skill, competence and training

(iii) that the Parties will take all steps necessary to avoid any action which disrupts continuity of production by resolving concerns effectively and speedily through use of the consultative mechanism and an agreed dispute settlement procedure;

(iv) that employees will co-operate in the implementation of quality assurance techniques;

(v) that employees will participate positively in a full audit of the workforce's skills;

(vi) all unions are to form and act as a single bargaining unit;

(vii) that employees will assist with training other employees in accordance with guidelines developed by the Parties;

(viii) The parties will discuss the formula for productivity payments to be paid at the end of each 12 month term

4. CONTRACT OF EMPLOYMENT

(i) An employee shall be engaged both fulltime, part-time or casual and each employee shall be notified before commencing work the nature of their employment with the company.

(ii) For all employees (other than casuals) employment shall be terminated with a week's notice on either side, or the forfeiture of a week's pay in lieu of notice as the case may be.

(iii) This Clause shall not affect the right of the company to

(a) deduct payment for any day or portion thereof during which an employee is stood down by the company as a result of refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee;

(b) dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty, or misconduct and in such cases wages shall be payable up to the time of dismissal only.

5. DEFINITIONS

Unless the context otherwise indicates or requires, the expressions hereunder defined shall have the respective meanings assigned to them -

(i) Casual Employee shall mean an employee engaged by the hour.

(ii) Part‑time Employee shall mean an employee who works less than 38 ordinary hours per week, under a part-time work agreement and is not a casual employee. A Part Time employee is a person, paid weekly, with a contract of employment based on less than 38 hours per week and is ongoing until terminated by either party with one weeks notice on either side. A written agreement between the employee and the company will be established.

(iii) Weekly Employee shall mean an employee paid by the week.

(iv) Day worker shall mean an employee whose ordinary hours of duty are worked in accordance with subclauses (i) and (ii), of Clause 8 ‑ Hours of Work, of this Award.

(v) Shift worker shall mean an employee, other than a day worker, working on a one, two or three shift system.

(vi) Union shall mean the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch and/or the Federated Clerks Union of Australia, New South Wales Branch.

(vii) Freezing room employee shall mean a person who is employed in a freezing chamber or outside such chamber at a port or enclosed chute leading there from.

(ix) Freezing chamber shall mean an artificially cold chamber the temperature of which is less than minus 1 degree Celsius (30.2 degrees Fahrenheit).

6. WAGES

(i) Adults - The minimum rates of wages for adult weekly employees shall be the amounts as set out in Table 1 - Wage Rates for Sales and Distribution Group of Part B, Monetary Rates.

(ii) Juniors - Junior employees may be employed in any work area which is agreed between the parties. A junior employee shall be paid, according to age, a percentage of the adult rate of the relevant skill level as set out in (ii) of Part B, Monetary Rates.

(iii) Casual employees

(a) For all ordinary time worked on any one day, a casual employee, as defined, shall be paid at an hourly rate ascertained by dividing the weekly rate prescribed for an employee of the level at which he or she works by 38, plus 20 per cent.

(b) Casual employees shall be guaranteed four hours pay at the casual rate for each start.

(iv) Part-time employees - A part-time employee shall receive all the benefits of a weekly employee in proportion to the hours they work.

7. ALLOWANCES

(i) First Aid Allowance

An employee who has been trained to render first-aid and who is the current holder of an appropriate first aid qualifications (such as a certificate from St John Ambulance or similar body) shall be paid the rate as set out in Item 5 of Table 2 if he or she is appointed by the company to perform first aid duty.

(ii) Laundry Allowance

The company may launder employees clothing or provide washing facilities for the use of employees in working time to wash clothing. If the company decides not to provide the facilities or launder employee's clothing, then each employee shall be paid a rate per week set out in Item 6 of Table 2.

(iii) A driver of a scammel, articulated, semi-articulated vehicle or a driver of a vehicle with a trailer attached shall, in addition to his/her ordinary classified rate of pay, be paid (per week) an amount as set out in Items 7 and 8 of Table 2.

(iv) An employee operating a pedestrian stacker under conditions specified in subclause (iii) of clause 12, Industry Conditions, shall be paid an additional amount per week as set out in Item 9 of Table 2.

(v) An employee operating a pedestrian stacker shall be paid an additional amount per week as set out in Item 10 of Table 2.

(vi) An employee operating a pedestrian forklift shall be paid an additional amount as set out in Item 11 of Table 2.

8. HOURS OF WORK

Subject to clause 8, Hours of Work, the company may implement the hours provision in one of the following ways;

(i) Day Workers:

(a) The ordinary working hours of a day worker, who is a Sales and Distribution Employee shall be thirty-eight per week to be worked continuously except for meal breaks, Monday to Saturday inclusive, between the hours of 5.30am and 7pm for Sales and Distribution, Feed Mill Employees. Sales and distribution employees will be given two weeks' notice of the company's intention to work Saturdays as ordinary hours at a sales and distribution centre. Less than 2 weeks notice may be given if a majority of employees at the centre agree.

(b) Following discussions and agreement between the Parties to this Award, a majority of the employees concerned and the company may mutually agree upon starting and ceasing times between the prescribed hours. Ordinary working hours other than 8 per day shall be formalised and set down in a written agreement by the Parties.

(c) By arrangement between the Parties and the majority of employees concerned, ordinary hours not exceeding twelve (12) on any day may be worked subject to:

1. The Parties being guided by the occupational health and safety provisions of the ACTU Code of Conduct for 12 hour shifts;

2. suitable roster arrangements being made; and

3. proper supervision being provided.

(d) Before any vote is taken by employees in the Ice Cream and Freezer Room Section, under this clause, the particular occupational health and other needs of the Freezer Hands will be taken into account.

(e) Part-time employees working less than eight hours on any day may be offered additional hours of work, up to a total of eight for the shift, prior to completion of that rostered shift. These additional hours will be paid at ordinary rates. The total number of ordinary hours will not exceed thirty-eight in any week.

(ii) Shift Workers:

(a) The ordinary working hours of shift workers shall not exceed an average of:

(i) thirty eight per week; or

(ii) seventy six in fourteen consecutive days; or

(iii) one hundred and fourteen in twenty-one consecutive days; or

(iv) one hundred and fifty two in twenty-eight consecutive days.

(b) Notwithstanding the spread of hours prescribed for day workers by subclause (i) (a) of this clause, the company and the unions, Parties to this Award, may implement mutually agreeable shiftwork provisions in any work unit to meet the circumstances of that work unit.

(c) Notwithstanding anything elsewhere contained in this clause the start time of shift workers may be varied by the company with seven days notice, or otherwise with the agreement of the majority of employees in the work unit for the purposes of meeting the company's needs.

(iii) All employees:

(a) Notwithstanding other provisions of this clause the company may implement a thirty-eight hour week in any one of the following ways:

(1) One day off after 19 days (when the provisions of Clause 9 - Thirty Eight Hour Week, of this Award shall apply), or

(2) any other agreed method of implementation.

(b) The company shall advise the Secretary of the respective Union, of details of the hours of work from time to time effective, for day workers and shift workers.

9. THIRTY EIGHT HOUR WEEK

Subject to Clause 8 - Hours of Work, the company may implement the hours provision in one of the following ways -

(i) One day off after 19 days:

The company may require employees to work up to 8 ordinary hours per day with the additional time in excess of 7 hours 36 minutes being aggregated for accrued leisure time which shall fall due after 19 ordinary week days, Monday to Friday, including paid public holidays, paid sick days, paid bereavement leave, and paid jury service, subject to the following conditions and limitations:

(a) the day off shall be on a fixed roster basis, unless otherwise agreed between the company and the employees in the work unit concerned. Payment for the day off will be on the basis of 0.4 hours for each day worked. For payment purposes "a day worked" shall include paid sick leave, paid public holidays, paid jury service and paid bereavement leave, but shall not include annual leave, an extended period of absence on workers' compensation, long service leave, unpaid sick leave or unpaid leave.

(b) The company shall prepare a roster of days to be taken off as leisure time, which will always remain as a notice of advice.

(c) The company, with the agreement of the employees concerned, may substitute the day employee(s) are to take off for another day.

(d) An employee on planned leisure time off which coincides with a stand down or strike day, shall be paid for the credit of leisure time, which was rostered off.

(e) In the event of sickness occurring on pre-arranged leisure time, no sick leave deductions will be made, however, the employee shall be paid the leisure payment for that day.

(f) For the purposes of leisure time all allowances (except shiftwork allowances) shall be paid as actually worked.

(g) All accrued credits as a result of the 0.4 hours credit towards leisure time will be paid out on the termination of each employee's employment.

(h) Payment for a public holiday which falls on a rostered day off or a short day will be for the ordinary hours the employee would have received had he or she been at work on that day. The rostered day off or short day may be rescheduled by agreement between the company and the majority of employees in the work unit.

(i) Where the Company and the employee agree, rostered days off, which occur as a result of employees working in accordance with the provisions of this subclause, may accumulate to a maximum of 5 days. These accumulated days may be taken at any time mutually agreed between the Company and employee and shall be taken within 6 months of accrual.

(ii) Other Agreed Methods of Implementation:

The company and the union may agree upon a different method of implementation, which may apply to various groups of employees or all employees in a department or section, which is consistent with these principles.

10. MEAL BREAKS

(i) Day workers shall be allowed not less that thirty minutes nor more than one hour between the hours of 11.00 am and 2.30 pm on each working day for the purpose of taking a meal. Such meal breaks may be staggered within each particular work area in order that full production may be maintained wherever possible.

(ii) Shift workers shall be allowed an interval of twenty minutes each shift for crib at a time agreed upon by the company and the Union, such interval to be counted as time worked and paid for as such.

(iii) An employee who is called upon to work for more than one hour after or before his/her normal ceasing time shall be allowed not less than 30 minutes for a meal break (or twenty minutes for a crib in the case of shift workers) which shall be taken immediately after the normal ceasing time.

(iv) An employee who is required to work overtime before or after his/her ordinary hours for more than one hour without being notified on the previous day that he or she will be so required to work shall be paid an allowance as set out in Item 12 of Table 2.

If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised he or she shall be paid as above prescribed for meals which he or she has provided but which are surplus.

(v) Where an employee is required to work during his/her meal period s/he shall be paid at the rate of double time for work so performed.

(vi) Not more than five hours shall be worked without a break for a meal or interval for crib.

(vii) Any payment for a meal under this Clause shall be in addition to any overtime payment under Clause 13, Overtime.

11. SHIFT ALLOWANCE AND SHIFT WORKERS

(i) Employees who are shift workers working on any day of the shifts as defined in this Clause shall in addition to their ordinary rates of pay for the classifications prescribed in Clause 6 - Wages, of this Award, for each shift be paid allowances as set out in the following Items 13-16 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(ii) For the purpose of this Clause

(a) Early morning shift shall mean a shift finishing after 9.00 a.m. and before 2.00 pm and for the purposes of preparing mixers may commence at 4.00 am.

(b) Afternoon shift shall mean a shift finishing after 6.00 pm and at or before midnight.

12. INDUSTRY CONDITIONS

Working in Cold Temperatures -

(i) Other than Freezer Room Employees

(a) Any employee working in an area at an artificially reduced temperature of less than two degrees Celsius shall be paid an allowance as set out in Item 17 of Table 2 or for each hour or part thereof.

(b) Any employee working in an area at an artificially reduced temperature of less than minus one degree Celsius shall paid an allowance as set out in Item 18 of Table 2 per hour or part thereof.

(c) If the temperature goes below minus eighteen degrees Celsius after an hour of duty the employee shall be entitled to refuse to work in such room unless the employee is classified as a freezing room employee under the following conditions.

(ii) Freezing Room Employees

(a) Each employee shall have been medically selected as fit to work in extremely cold conditions.

(b) The company shall make available free of charge for the use of each employee, freezer boots, coats, caps and gloves, including inner gloves if required.

(c) Any employee working in an area at an artificially reduced temperature of less than minus sixteen degrees Celsius shall be paid an allowance as set out in Item 19 of Table 2 per hour or part thereof.

(d) Any employee working in an area at an artificially reduced temperature of less than minus twenty degrees Celsius shall be paid an allowance as set out in Item 20 of Table 2 per hour or part thereof.

(e) Any employee working in an area at an artificially reduced temperature of less than minus thirty degrees Celsius shall be paid an allowance as set out in Item 21 in Table 2 per hour or part thereof.

(f) Employees required to work in temperatures of less than minus twenty degrees Celsius shall be allowed reasonable breaks from such work outside the freezing chamber.

(iii) General

(a) The allowances provided in this Clause shall not apply unless the temperature remains at the prescribed level for at least one hour after commencing work.

(b) Time worked which on any day is less than thirty minutes in the aggregate shall be disregarded.

(c) An employee who is overheated through working outside shall be allowed time to cool off before being required to work in a temperature artificially reduced below two degrees Celsius.

(d) For the purpose of this Clause the temperature of a room shall be the temperature of the colder part of such room.

(e) The company and the Union may agree to incorporate cold temperature allowances in the weekly rate for employees, regard being paid to the time actually spent in freezing rooms, in lieu of the specific payments by this Clause.

(f) The amounts provided by this Clause each stand alone and are not cumulative.

(iv) Method of Measuring Temperature

"The method of measuring artificially reduced temperatures shall be to place a thermometer at a height of 1.2 metres in the centre of the work area at least one hour after starting work".

Supply of Protective Clothing, Knives and Accessories.

(v) The company shall each year supply, free of cost, two sets of uniforms and head covers to each employee; provided that if an employee can show to the company's satisfaction that his/her clothing is subject to excessive wear and tear because of duties entailed in the position the company shall supply to the employee such additional clothing as is reasonably necessary; provided that substitute clothing not less favourable, may by agreement between the company and the Union be provided in lieu of the overalls.

(vi) Each employee required to work in a room wherein the temperature has been artificially reduced below two degrees Celsius (35.6 degrees Fahrenheit), shall be supplied, free of cost, with suitable warm clothing for use in such work. "Suitable warm clothing" means freezer suit or jacket, boots, gloves and cap or balaclava.

(vii) Where the duties of an employee require the use of gloves they shall be supplied free of cost by the company.

(viii)

(a) Subject to paragraph (b), of this subclause, an employee whose work is performed under wet conditions or who works in all weathers shall be supplied, free of cost, according to the nature of his/her work, with waterproof aprons, gumboots, or oilskins. "Wet conditions" means conditions in which clothing or boots of an employee would in the absence of protective clothing, become saturated with moisture in the course of his/her work.

(b) Where the Union and the company agree that the company will supply, free of cost to an employee leather boots because of the wetness associated with the employee's work and the company so supplies such leather boots shall not be required to supply to the employee gumboots pursuant to paragraph (a), of this subclause.

(ix) Any employee applying for new gloves, aprons, boots, or outer garments or knives, steels, pouches, or accessories who fails to return corresponding articles last issued to him/her shall not be entitled to same, without payment therefore at a reasonable price. The reasonable price shall be determined by agreement between the company and the employee(s) concerned.

(x) Upon termination of employment an employee shall be required to return to the company the articles last issued to he/she in pursuance of this Clause and in the event of his/her failure to do so without reasonable cause or excuse, the company shall be entitled to deduct from any monies due by he/she to the employee a fair and reasonable sum for the value of such articles as at the time of the termination of employment.

13. OVERTIME

(i) All time worked outside the ordinary rostered working hours shall be overtime, and shall be paid for at the rate of time and one‑half for the first two hours and double time thereafter; provided that a shift worker called upon to work on a rostered day off, other than a Sunday, or a day worker on a five‑day week, Monday to Friday inclusive, called upon to work on Saturday shall be paid time and one‑half for the first two hours and double time thereafter for work on such rostered day off or Saturday respectively.

(ii) An employee who is directed and does attend to work overtime at the hours required by the company on Saturday, his/her rostered day off, 25 December or Good Friday shall be paid a minimum of four hours at the appropriate rates of pay.

(iii) Where overtime commences on one calendar day and extends into the following calendar day, the whole period of overtime shall be deemed to have been worked on the former day for the purposes of calculation of overtime.

(iv) An employee who is called back to work overtime after leaving the company's premises (whether notified before or after leaving the premises), shall be paid a minimum of two hours at the appropriate overtime rate for each period so recalled.

(v) Rest Period After Overtime

When overtime is necessary, it shall wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty (or ordinary shift length) between the work of successive days. An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he or she has not had at least eight consecutive hours (or ordinary shift length) off duty between those times shall, subject to this subclause, be released after completion of such overtime until he or she has had eight consecutive hours (or ordinary shift length) 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 eight consecutive hours (or ordinary shift length) off duty, shall be paid at double rates until released from duty for such period and shall then be entitled to be absent until he or she has had eight consecutive hours (or ordinary shift length) off duty without loss of pay for ordinary working time occurring during such absence.

(vi) Except as provided in subclause (iii), of this Clause, each day shall stand alone in the computation of overtime.

(vii) Time Off in Lieu of Overtime Worked

Where a Sales and Distribution or Administration employee performs duty on overtime the employee may, at his/her request and with the agreement of the Company, subsequently be released from duty in ordinary hours subject to the following conditions:

(a) The agreement shall be in writing and be kept with the time and wages records;

(b) Where an employee takes subsequent time off the relevant and equivalent period of overtime shall be paid for at ordinary rates of pay. All other overtime worked for which time off is not taken shall be paid for at the appropriate overtime rate otherwise provided in this agreement;

(c) Where an employee elects to take any period(s) of time off in ordinary hours in accordance with this clause such time off shall be without pay and shall equate to the relevant period(s) of overtime worked;

(d) Payment for any period(s) of overtime worked and in relation to which the employee elects to take time off may be paid by the employer to the employee in the pay period in which the time off is taken;

(e) An employee may not accumulate more than 24 hours of equivalent time off which shall be taken within four weeks of its accrual. Where such time off is not taken the period(s) of overtime shall be paid for in the next relevant pay period at the appropriate overtime rate otherwise applicable.

(viii) Stock Takes in Rural Stores

Stock takes will take place at any time with ten days notice by the company. All time worked outside the normal hours will be paid at the rate of time and one half. Normal rates of overtime will be paid if ten days notice is not given.

14. MIXED FUNCTIONS

An employee if employed on a higher class of work shall be paid at the higher rate for all time worked at the higher duty, provided that if the employee is so employed for more than two hours on any day he or she shall receive the wages for the higher class of work for the whole of the day and if he or she is so employed for ten hours or more in any pay week the employee shall be paid the higher rate for the whole of that pay week. If an employee is called upon to work on a class of work carrying a lower rate of pay he or she shall suffer no reduction.

15. SATURDAY AND SUNDAY WORK

(i) All time worked on Saturday, which is not overtime, shall be paid for at the rate of time and one‑half.

(ii) All time worked on Saturday, which is overtime, shall be paid in accordance with Clause 13 ‑ Overtime, of this Award.

(iii) All time worked on Sunday, which is not overtime, shall be paid for at the rate of time and one‑half.

(iv) All time worked on Sunday which is overtime, shall be paid for at the rate of double time.

(v) Any employee who is directed and does attend for duty on Sunday at the hours required by the company and which is not included in his/her ordinary rostered hours for the week, shall be paid a minimum of four hours at the appropriate rate of pay.

(vi) The extra rates prescribed by subclauses (i) and (iii) of this Clause, shall be in substitution for and not cumulative upon the shiftwork premiums prescribed in Clause 11 ‑ Shift Allowances for Shift Workers of this Award.

16. HOLIDAYS

(i) The following days shall be holidays for the purpose of this Award, and no deduction shall be made from the wages of weekly hands in respect thereof, namely: New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day ‑ April 25, Queen's Birthday, Eight Hour Day, Christmas Day ‑ December 25, Boxing Day, the Picnic Day of the Union to be taken on the first Monday of November and any day proclaimed and observed as a holiday for the State.

(ii) For each holiday, which occurs on a working day an employee, shall be deemed to work such number of ordinary hours as would have worked had the day not been a holiday.

(iii) Subject to subclause (iv), of this Clause, all time worked on Good Friday, Anzac Day ‑ April 25, and Christmas Day ‑ December 25, shall be paid for at the rate of double time in addition to the weekly wage: all time worked on other holidays shall be paid for at the rate of double time and a half; provided, however, that for all time worked on Good Friday, Anzac Day ‑ April 25, and Christmas Day ‑ December 25, in the excess of the hours which would have been ordinary rostered hours, had the day in question not been a holiday, shall be paid for at treble time.

(iv) Notwithstanding the provisions of subclause (iii), of this Clause, the company may elect either

(a) to give employees two weeks leave of absence per annum at ordinary rates; or

(b) to give employees one weeks leave of absence per annum at ordinary rates and also to pay them one weeks wages; in lieu of making extra payment, prescribed in subclause (iii), for holidays.

Where the company elects to observe either of such alternatives shall make additional payment for those hours which would have been ordinary rostered hours had the day in question not been a holiday as under:‑

Good Friday, Anzac Day ‑ April 25, and Christmas Day ‑ December 25, time and one‑half in addition to the weekly wage.

For all other holidays, half rates in addition to the weekly wage.

Time worked on any holiday in excess of the hours, which would have been ordinary rostered hours, had the day in question not been a holiday shall be paid for at the rate of double time and one‑half.

(v) The company's election under subclause (iv) shall be notified to the Union within fourteen days of such election and shall also, within the same time, be notified to the employees by posting in a place conveniently accessible to them. The company's election may apply to either the whole of the plant or to section or sections therein.

Where the company has exercised an election under this subclause, the employees whose services are terminated shall at the time of such termination, be paid in accordance with subclause (iii), of this Clause, in respect of all holidays standing to his/her credit.

Any employee, other than a casual employee, who is directed and does attend for duty on a holiday, at the hours required by the company, and which is not included in his/her ordinary rostered hours for the week shall be paid a minimum of four hours at the appropriate rate of pay for each holiday worked.

(vi) Where the company has not elected to work under paragraphs (a) and (b), of subclause (iv), of this Clause, and an employee is rostered off duty on any of the holidays mentioned in subclause (i), of this Clause, shall be paid one day's pay or have one day added to his/her annual leave for each holiday rostered off duty.

(vii) Annual leave, as prescribed by the Annual Holidays Act, 1944, shall not form any part of the leave of absence prescribed by subclause (iv), of this Clause. Where annual leave or any portion thereof is allowed in conjunction with leave prescribed by subclause (iv), of this Clause, the first part of such combined leave shall, to the extent of annual leave allowed pursuant to the Annual Holidays Act, 1944, be deemed to be leave pursuant to the said Act.

(viii) An employee absent without leave or reasonable excuse on the working day before a holiday prescribed herein, or the working day after such holiday shall forfeit wages for the days of absence and for the holiday.

17. ANNUAL LEAVE

See Annual Holidays Act 1944.

18. ANNUAL LEAVE LOADING

(i) This Clause applies only in relation to annual holidays to which employees become or have become entitled.

(ii) In this Clause the Annual Holidays Act, 1944, is referred to as "the Act".

(iii) Before an employee is given and takes his/her annual holiday, or, where by agreement between the company and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the company shall pay his/her employee a loading determined in accordance with this Clause. (NOTE: the obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance ‑ see subclause (vii).)

(iv) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this Award.

(v) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this Award (but excluding leave or leave and payment pursuant to subclause (iv) of Clause 16 ‑ Holidays, herein, and also excluding days added pursuant to subclause (vi) of the Clause 16, to compensate for public or special holidays falling on an employee's rostered day off not worked) and which commences on or after the date of operation of this Award, or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vii) of this Clause as to holidays taken wholly or partly in advance.)

(vi) The loading is the amount payable for the period or separate period, as the case may be, stated in subclause (v) at the rate per week of 17.5% of the appropriate ordinary weekly time rate of pay prescribed by this Award for the classification in which the employee was employed pursuant to subclauses (i), (ii), and (iii) of Clause 6 ‑ Wages, herein, as the case may be, immediately before commencing his/her annual holiday together with, where applicable, the leading hand allowances pursuant to subclause (iv) and the extra rates pursuant to subparagraphs (4) and (5) of paragraph (a) of subclause (v) and the extra rates pursuant to paragraph (b) of the said subclause (v) of the said Clause 6, but shall not include the shift allowances prescribed by Clause 11 ‑ Shift Allowances for Shift Workers, herein, the rate for Saturday and Sunday ordinary work pursuant to subclauses (i) and (iii) of Clause 15 ‑ Saturday and Sunday Work, herein, any other allowances, penalty rates, overtime rates or any other payment prescribed by this Award.

(vii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance, provided that, if the employment of such an employee continues until the day when would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (vi) of this clause applying the agreement rates of wages payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance and the entitlement to the holiday arises on or after the date of operation of this Award.

(viii) Where, in accordance with the Act and after the date of operation of this Award, the company's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:‑

(a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this Clause;

(b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to s/he under the Act such proportion of the loading that would have been payable to s/he under this Clause if had become entitled to an annual holiday prior to the close‑down as his/her qualifying period of employment in completed weeks bears to fifty two.

(ix)

(a) When the employment of an employee is terminated by the company after the date of operation of this Award for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which became entitled, shall be paid a loading calculated in accordance with subclause (vi) for the period not taken.

(b) Except as provided by paragraph (a) of this subclause no loading is payable on the termination of an employee's employment.

(x) This Clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker pursuant to subclause (iii) of Clause 8 ‑ Hours of Work, of this Award, if had not been on annual holidays, provided that if the amount to which the employee would have been entitled by way of allowances for shifts pursuant to Clause 11 ‑ Shift Allowances for Shift Workers, herein, and the rates for Saturday and Sunday shifts pursuant to Clause 15 ‑ Saturday and Sunday Work, herein, for ordinary shifts which would have worked according to shift roster, if had not been on annual holiday (not including time on a public or special holiday pursuant to Clause 16 ‑ Holidays, herein) exceeds the loading calculated in accordance with this Clause, then that amount shall be paid to the employee in lieu of the loading.

19. LONG SERVICE LEAVE

See Long Service Leave Act 1955.

20. SICK LEAVE

(i) An employee, in continuous service with the company, who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity not due to his/her own serious and wilful misconduct, shall be entitled to be paid at ordinary rate of pay for the time of such non‑attendance subject to the following:‑

(a) shall not be entitled to paid leave of absence for any period in respect of which is entitled to workers' compensation, provided however, that the company shall pay to such an employee, if the employee so requests, and who has sick leave entitlement under this clause, the difference between the amount received as workers' compensation and full pay. If the company pays such difference the employee's sick leave entitlement under this clause shall, for each week during which such difference is paid be reduced by that proportion of thirty-eight hours, which the difference paid, bears to full pay.

(b) shall, as soon as is reasonably possible so as to allow the company to make alternative arrangements and within twenty‑four hours of the commencement of such absence, inform the company of his/her inability to attend for duty and as far as possible state the nature of the illness or incapacity and the estimated duration of the same.

(c) shall prove to the satisfaction of the company (or in the event of a dispute the Conciliation Committee) that is or was unable on account of such illness or incapacity, to attend for duty on the day or days for which payment under this Clause is claimed.

(d) An employee with more than twelve months service shall be entitled, in respect of any year of continued employment to sick pay of ten (10) working days. An employee with less than twelve months service shall be entitled, in respect of the first year of continued employment to sick pay of five (5) working days. Any period of paid sick leave allowed by the company to the employee in any such year shall be deducted from the period of sick leave, which may be allowed or carried forward in this Award in respect of such year.

(ii) The rights under this Clause shall accumulate from year to year so long as the employment continues with the company so that any part of leave pursuant to paragraph (d) of subclause (i), hereof, which has not been allowed in any year may be claimed by the employee and shall be allowed by the company, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.

(iii) For the purpose of this Clause, continuous service shall be deemed not to have been broken by:‑

(a) any absence from work on leave granted by the company; or

(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).

21. PAYMENT OF WAGES

(i) All employees shall be paid weekly in the company's time not later than Friday of each week; provided, however, that the pay period specified herein may be varied at any time by agreement between the Union and the company, but at no time will the company hold more than two days in hand.

(ii) The company may elect to pay the employee by cheque, direct deposit to personal account by electronic funds transfer or cash.

22. REST PAUSES

(i) A rest pause of ten minutes each forenoon and a rest pause of ten minutes each afternoon shall be allowed each day worker, for all employees except Rural Stores, Administration and Feed Mill employees who will receive one 10 minute break.

(ii) A rest pause of ten minutes during the first part of the shift and a rest pause of ten minutes during the second part of the shift shall be allowed each shift worker.

(iii) Rest pauses shall be taken at such times as may be mutually arranged between the company and the Union and may be staggered to suit the particular work requirements of each section so that full production levels may be maintained.

(iv) Rest pauses shall be counted as time worked and shall be paid for as such.

23. ACCOMMODATION

(i) The company shall provide for the use of the employees:

(a) a dressing room containing hot and cold showers;

(b) adequate lockers fitted with lock and key;

(d) facilities for boiling water for meals and at rest pauses (unless boiling water is supplied by the company);

(e) where so requested by ten or more employees, who regularly use bicycles for transport to and from their employment, a suitable structure for storing bicycles with protection from sun and rain.

(ii) The company, with the co‑operation of the employees, shall cause all accommodation to be kept in a clean and sanitary condition.

(iii) Accommodation for females shall be separate from that of males.

24. BEREAVEMENT LEAVE

(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death in Australia of a person prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) is a near relative the employee shall be entitled to three days bereavement leave. For the purpose of this clause "near relative" means a parent (including step-parent), spouse (including de facto), child (including stepchild), brother, sister, mother-in-law or father-in-law.

(ii) 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.

(iii) 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 25, 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.

(iv) 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.

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 25. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

25. 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 20, 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.

(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) For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of clause 13, Overtime, the following provisions shall apply.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

26. PARENTAL LEAVE

See Industrial Relations Act 1996.

27. TRADE UNION TRAINING LEAVE

(a) Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the union to which he/she belongs shall, upon application in writing to the employer, be granted up to 2 days leave with pay each calendar year non-cumulative to attend courses conducted or approved training.

(i) Such courses shall be designed and structured with the objective of promoting good industrial relations.

(ii) Consultation may take place between the parties.

(b) For the purposes of this clause an accredited representative of the union shall mean a delegate or co delegate recognised by the employer.

(c) The application for leave shall be given to the employer at least 4 weeks in advance or a shorter period by agreement of the date of commencement of the course. The application for leave shall contain the following details:-

(i) the name of the employee seeking the leave;

(ii) the period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and

(iii) the title, general description and structure of the course to be attended and the location of where the course is to be conducted.

(d) The employer shall advise the union within 2 weeks (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved.

(e) The time of taking leave shall be arranged so as to minimise any adverse effect on the employer's operations.

(f) Norco shall not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary-time earnings for such absence. For the purpose of this clause ordinary-time earnings shall be defined as the relevant award classification rate including supplementary payments, shift work loadings where relevant plus overaward payments where applicable.

(g) Leave rights granted in accordance with this clause will not result in additional payment for alternative time off to the extent that the course attended coincides with an employee's day off in the 19-day month work cycle or with any concessional leave.

(h) Employees on request by their employer shall provide proof of their attendance at any course within 7 days. If an employee fails to provide such proof, the employer may deduct any amount already paid for attendance from the next week's pay or from any other moneys due to the employee.

(i) Where an employee is sick during a period when leave pursuant to this clause has been granted, proof of attendance at the course is not required for that period and the employee shall receive payment if entitled under the provisions of clause 21, Sick Leave.

(j) Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

(k) Any dispute as to any aspect of the operation of this clause shall be resolved in accordance with the dispute settlement procedure of this award.

28. SUPERANNUATION

The subject of superannuation is dealt with extensively by federal legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and section 124 of the Industrial Relations Act 1996.

This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

(i) Definitions -

(a) "Scheme" means any fund, the trust deed of which meets the Commonwealth Government's standards for occupational superannuation.

(b) "Employee's ordinary weekly earnings" means the award classification rate, including any overaward, supplementary payment and shift premium components.

(ii) Contributions - PFD shall, for each employee, contribute the appropriate percentage of the employee's ordinary weekly earnings as required by the Superannuation Guarantee (Administration) Act 1992 to a scheme nominated by the employee (which is eight per cent from 1 July 2000 and then nine per cent from 1 July 2002).

(iii) Savings - This clause shall not have the effect of lowering more generous contributions employers make to schemes on behalf of employees under a company superannuation scheme.

29. JURY SERVICE

An employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of ordinary time he/she would have worked had he/she not been on jury service.

An employee shall notify his/her employer as soon as possible of the date upon which he/she is required to attend for jury service. Further, the employee shall give his/her employer proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service.

30. DISPUTE SETTLEMENT PROCEDURE

A procedure for the avoidance of industrial disputes shall apply in establishments covered by this agreement.

The objectives of the procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussion; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages.

(i)

(a) An individual employee or group of employees, with any problem, complaint, query, misunderstanding or grievance, shall first raise the matter with the Supervisor of the work area. The Supervisor will make every effort to respond within 24 hours.

(b) In the event that the matter remains unresolved, the employee or employees shall then refer the matter to the Union Delegate who will attempt to resolve the matter with the Manager of the work area. The Manager will make every effort to respond within 24 hours.

(c) In the event of failure to resolve the matter at job level, discussions will take place between a Union Organiser and a Senior Manager on the site.

(d) If the matter is still unresolved, the Union Secretary or his/her representative will confer with Senior Management of the company.

(e) In the event of no agreement still being reached, the dispute will be referred to the Industrial Registrar of New South Wales for resolution.

(ii) During the discussions, the "status quo" shall remain and work shall proceed normally in accordance with the Award and without stoppage or the imposition of any ban, limitation or restriction. "Status quo" shall mean the situation existing immediately prior to the dispute or the matter-giving rise to the dispute.

(iii) It is noted that the Parties would expect genuine safety issues to be resolved as a matter of urgency and that unsafe work obviously would not proceed.

31. ANTI-DISCRIMINATION

(i) 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, age and responsibilities as a carer.

(ii) 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.

(iii) 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.

(iv) 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.

(v) 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:

1. Employers and Employees may also be subject to commonwealth anti-discrimination legislation.

2. Section 56(d) of the Anti - Discrimination Act 1977 provides:

"Nothing in the Act effects...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."

32. GRIEVANCE PROCEDURE

Every individual employee may raise a grievance regarding any aspect of their employment with their supervisor. This grievance should be resolved quickly and co-operatively to the mutual satisfaction of all concerned. The resolution may involve discussions with other employees, union officials, management and any other people who can facilitate resolution.

33. CONSULTATIVE MECHANISM

Each plant, depot or business unit of the Company shall establish a consultative mechanism and procedures appropriate to its size, structure and needs for consultation and negotiation on matters affecting its efficiency and productivity.

34. TRAINING

The Parties to this Award shall establish a training plan, incorporating a tasks and skills survey and establishing a policy of competency based training. The question of payment of wages during training will be addressed.

35. REDUNDANCY

(i) Application

(a) This clause shall apply in respect of full-time and part-time employees.

(b) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers 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.

(c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(ii) Introduction of Change

(a) Employer’s duty to notify

(1) Where an employer 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 employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(2) ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(b) Employer’s duty to discuss change

(1) The employer 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) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.

(3) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(iii) Redundancy

(a) Discussions before terminations

(1) Where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this subclause and shall cover, inter alia, any reasons 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.

(3) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(iv) 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 employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause (ii) (a)(1) above.

(1) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

(2) 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.

(3) 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 subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii)(a)(1) above:

(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

(2) 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.

(3) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act, 1955, the Annual Holidays Act, 1944, or any Act amending or replacing either of these Acts.

(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(2) 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 employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(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 had the employee remained with the employer 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 employer 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 employer shall notify Centrelink thereof 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) Employment Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.

(h) Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

(v) Severance Pay

(a) Where an employee is to be terminated pursuant to subclause (iv) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Under 45 Years of Age	Years of Service 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

(2) 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

(3) ‘Weeks pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

(b) Incapacity to pay

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above.

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause (i) above will have on the employer.

36. TERM OF AWARD

(a) This Award shall apply to all sales and distribution employees of PFD Food Services (Qld) Pty Ltd at sites formerly owned by Norco Co-operative Limited in the State of New South Wales.

(b) This Award regulates totally the terms and conditions of employment of employees in subclause (a) previously regulated by the Norco Co-Operative Consent Enterprise Award 1996-1998 published 15 August 1997 (300 IG 476) and all variations thereof.

PART B

MONETARY RATES

Table 1 - Wage Rates for Sales and Distribution Group

ITEM	CLAUSE	DESCRIPTION	JUNE 2001
1	6	Sales and Distribution Employee 1(a)	461.20
2		Sales and Distribution Employee 1(b)	465.50
3		Sales and Distribution Employee 2	477.60
4		Sales and Distribution Employee 3	486.10

Table 2 - Other Rates and Allowances

ITEM		CLAUSE		DESCRIPTION	RATE $
5		7 (i)		First Aid Allowance	8.50/week
6		7 (ii)		Laundry Allowance	4.00/week
7		7(iii)		Driver of semi-trailer single axle	18.80/week
8		7(iii)		Driver of semi-trailer more than one axle	22.90/week
9		7(iv)		Operating a pedestrian stacker in cold	6.80/week
10		7(v)		Operating a pedestrian stacker	5.00/week
11		7(vi)		Operating a Pedestrian Forklift	3.70/week
12		10 (iv)		Meal Allowance	7.10/meal
13	11		Early Morning Shift		15% extra per shift
14	11		Afternoon shift		15% extra per shift
15	11		Night Shift		30% extra per shift
16	11		Fixed Night Shift		1.00 extra per shift
17	12 (i)(a)		Work in less than 2 degrees Celsius		0.13/hour
18	12 (i)(b)		Work in less than minus 1 degrees Celsius		0.23/hour
19	12 (ii)(c)		Freezing Room Employees - work in less minus 16 degrees Celsius		0.32/hour
20	12 (ii)(d)		Freezing Room Employees - work in less than minus 20 degrees Celsius		0.61/hour
21	12 (ii)(e)		Freezing Room Employees - work in less than minus 30 degrees Celsius		0.79/hour

APPENDIX 1 - SALES AND DISTRIBUTION GROUP

CLASSIFICATION STRUCTURE

(i) Sales and Distribution Employee 1(a) (Storeperson) is an employee appointed by the Company to this grade who performs work above and beyond the skills of an employee at Sales and Distribution Employee 1 and to the level of their training performs the following functions:

(a) Order picking and loading trucks for delivery;

(b) Unloading and loading of trucks;

(d) Stock taking;

(e) Rotating stock to maintain use-by date;

(f) Order checking;

(g) Operate the forklift;

(h) Deliveries as required;

(i) General house keeping;

(j) Day-to-day duties as required;

(k) Collecting money for sales.

(ii) Sales and Distribution Employee 1(b) (Clerk) is an employee appointed by the Company to this grade who shall perform the following functions within this grade:

(a) Telemarketing;

(b) Data inputs;

(d) Serve customers;

(e) Processing orders;

(f) Price Maintenance;

(g) General Filing.

(iii) Sales and Distribution Employee (Leading Hand) is an employee appointed by the Company to this grade who performs work above and beyond the skills of an employee at Sales and Distribution Employee 1 and 2 and to the level of their training performs the following functions:

(a) All duties of the Storeperson;

(b) Orders stock;

(d) Responsible for stock rotation;

(e) Responsible for general supervision of the area;

(f) Responsible for arranging service checks of forklifts.

(iv) Sales and Distribution Employee 2 (Clerk) is an employee appointed by the Company to this grade who performs work above and beyond the skills of an employee at Sales and Distribution Employee 1 and 2 and to the level of their training performs the following functions:

(a) Stock Controlling;

(b) Co-ordinates stock taking;

(d) Serves customers;

(e) Inputs data;

(f) Loads trucks;

(g) Carries out manual invoices;

(h) Reconciles invoices;

(i) performs invoice searches;

(j) Telemarketing.

(v) Sales and Distribution Employee 3 is a country van salesperson who is appointed by the Company to this grade who is required by the Company to remain away from his/her usual place of residence on more than two nights in any one week, Monday to Friday inclusive and performs the following functions:

(a) Solicits sales of wholesale goods wherever possible;

(b) Delivers wholesale goods;

(d) Collects money for sales;

(e) Reconciles cash sales;

(f) Loading and unloading trucks;

(g) Telemarketing;

(h) General stores duties as required;

(i) Collates orders.

(iv) Sales and Distribution Employee 4 (Foreperson) is an employee appointed by the Company to this grade who performs work above and beyond the skills of an employee at Sales and Distribution Employee 1, 2 and 3 and supervises the work of employees in these grades within a sales and distribution centre.

F. MARKS J.

____________________

Printed by the authority of the Industrial Registrar.

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