ALLIED PICKFORDS PTY LTD TRADING AS PICKFORDS RECORDS MANAGEMENT NSW
ENTERPRISE AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 821 of 2001)
|
Before The Honourable
Justice Marks
|
13 August 2001
|
REVIEWED AWARD
Clause No. Subject Matter
1. Application
2. Intent
3. Area,
Incidence and Duration
4. Employment
Reclassification
Summary Dismissal
5. Career
and Classification Structure
Level 1
Level 2
Level 3
Level 4
Level 5
Training and Personal
Development
Reimbursement of External
Training Cost
6. Remuneration
Structure
Rate 1 (normal rate)
Rate 2 (time and one half)
Rate 3 (double time)
Minimum Hours
Pay Period
Remuneration Range
7. Remuneration
Remuneration - Full-time Adults
Remuneration - Trainees
Remuneration - Juniors
Remuneration - Part-time
Remuneration - Meal Allowances
and Overnight
Remuneration - First-aid
Payment of Remuneration
Remuneration - Casuals
Pay Period - Casuals
Period of Review
8. Work
Patterns
Daily Work Patterns - Permanent
Team Members
Spread of Hours
Span of Hours
Work Breaks
Rest Period
Use of Employees' Vehicles
9. Leave and
Holidays
9.1 Holidays
9.2 Annual
Leave
9.3 Sick Leave
9.4 Bereavement
Leave
9.5 Accident
Make-up Pay
9.6 No
Rostered Days Off
9.7 Personal/Carer's
Leave
10. Superannuation
11. Counselling
Procedure
12. Grievance
or Dispute
13. Anti-Discrimination
14. Personal
Performance Improvement Program
15. Quality
Program
16. Uniforms
17. Award to
be Exhibited
18. Other
Matters
19. Redundancy
Discussions Before Termination
Transfer to Lower Paid Duties
Redundancy Pay
Time-off During Notice Period
1. Application
This award applies to:
Pickfords Records Management - New South Wales
Team members of Pickfords Records Management
This award does not apply to:
Team members outside of the classification structure
set out in clause 5, Career and Classification Structure.
This award shall be read in conjunction with the
Transport Industry (State) Award published 20 April 2000 (315 I.G. 192), as
varied. Where this award and the
Transport Industry (State) Award are inconsistent, this award shall prevail.
Should the team members and Pickfords Records
Management fail to reach agreement at the expiration of this award, the team
members and Pickfords Records Management shall be bound by the terms and
conditions of the Transport Industry (State) Award or any award replacing it.
2. Intent
This award:
reflects the Pickfords Records Management culture and
commitment to quality;
creates an environment conducive to excellent team
performance;
provides the opportunity for growth and career
development of our people;
commits our organisation and people to being flexible,
efficient, productive and to applying principles of continuous improvement;
commits both parties to developing a multiskilled and
flexible workforce;
facilitates a restructure of all current positions to
establish a new organisation structure that is more suited to current business
dynamics;
In order to:
earn a fair return for our efforts and share the
benefits resulting from our success;
deliver quality and value to our customers;
develop our organisation and each member of it; and
enhance our position in the market.
This award is not intended to form the constraints within
which our organisation operates. The
award has been designed to reflect the way we do business and our vision for
our organisation and people for the future.
3. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Allied Pickfords Pty Ltd trading as Pickfords Records
Management NSW Enterprise Award 1997 published 25 September 1998 (306 I.G.
825), as varied.
The award published 25 September 1998 took effect from 20
November 1997.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 I.G. 307) take effect on 13 August 2001.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
4. Employment
Pickfords Records Management is committed to the principle
of providing continuity of employment and career development potential for all
members of the team.
The contract of employment for permanent team members is as
follows:
Level 1, 2 and 3 - One week's notice is required by Pickfords
Records Management or the team member in respect to termination of employment
or one week's pay paid or forfeited in lieu of this notice.
Level 4 - Two weeks' notice is required by Pickfords Records
Management or the team member in respect of termination of employment or two
weeks' pay paid or forfeited in lieu of this notice.
Level 5 - Four weeks' paid notice is required by Pickfords
Records Management or the team member in respect of termination of employment
or four weeks' pay paid or forfeited in lieu of this notice.
Reclassification - Pickfords Records Management may
reclassify a team member subject to giving the team member the applicable
notice as set out above.
Reclassification shall not be used as a device to reduce notice required
for termination of employment.
Summary Dismissal - The above notice periods shall not
affect the right of Pickfords Records Management to dismiss any team member
without notice for neglect of duty or misconduct and in such cases all monies
due shall be paid to the team member forthwith. The reasons for any summary dismissal will be provided in writing
at the time of the dismissal.
5. Career and
Classification Structure
Team members engaged pursuant to this agreement shall be
assigned to one of the following classifications.
Level 1 - Regardless of the work being undertaken, new team
members will usually be assigned to this level, generally for a maximum of 12
weeks.
Team members in this Level shall adhere to all
Pickfords Records Management policies and procedures and be required to acquire
necessary skills leading to promotion to Level 2 and Level 3.
Promotion beyond this Level shall be at the discretion
of Pickfords Records Management; failure to qualify for graduation beyond this
level may lead to termination of employment.
Level 2 - In order to be classified in Level 2, team members
shall meet the following criteria:
Records Management Operations and Administration
Team members assigned to records management operations
shall hold qualifications or be skilled in three of the four following
functions:
Be licensed (current and valid) to operate and capable
of operating light vehicles or stockpickers and be able to undertake basic
maintenance tasks of the assigned vehicle; or be skilled in records sentencing
or cataloguing;
Undertake specified clerical, administrative and
related functions with limited supervision;
Be conversant with the requirements of specific
customers;
Be capable of computer tasks using computer input
devices.
Accountabilities and Responsibilities
In addition to the items listed above, each Level 2 team
member shall:
Properly complete all applicable paperwork and
administration tasks to a certain level;
Adhere to all Pickfords Records Management policies and
procedures including Quality procedures and Work Instructions as developed; and
Carry out all tasks in a competent, safe and
professional manner as a representative of Pickfords Records Management.
A team member assigned to Level 2 shall undertake any and
all duties within this Level (as set out above) subject only to:
Licensing requirements;
Training/skills acquisition; and
Individual capability.
Level 3 - In order to be classified in Level 3, team members
shall meet the following criteria:
Records Management Operations and Administration
Team members assigned to records management operations
shall:
Be licensed (current and valid) to operate and capable
of operating light vehicles or stock pickers and be able to undertake basic
maintenance tasks on the assigned vehicle; or be skilled in records sentencing
or cataloguing;
Undertake specified clerical, administrative and
related functions with limited supervision;
Be fully conversant with the requirements of specific
customers; and
Be capable of data entry tasks using computer input
devices.
Accountabilities and Responsibilities
In addition to the items listed above, each Level 3 team
member shall:
Properly complete all applicable paperwork and
administration tasks;
Adhere to all Pickfords Records Management policies and
procedures including Quality Procedures and Work Instructions as developed; and
Carry out all tasks in a competent, safe and
professional manner as a representative of Pickfords Records Management.
A team member assigned to Level 3 shall undertake any and
all duties within this level (as set out above) subject only to:
Licensing requirements;
Training/skills acquisition; and
Individual capability.
Level 4 - In order to be classified in Level 4, team members
shall meet the following criteria:
Records Management Operations and Administration
Team members assigned to records management operations
shall:
Be capable of supervising records management
operations;
Be capable of undertaking a wide range of clerical,
administrative and related functions with a minimum of supervision;
Be licensed (current and valid) to operate and capable
of operating light vehicles or stockpickers and be able to undertake basic
maintenance tasks on the assigned vehicle; or be skilled in records sentencing
or cataloguing;
Be fully conversant with the requirements of specific
customers and commercial arrangements in relation to those customers; and
Be capable of data entry tasks using computer input
devices and having completed a Pickfords Records Management basic computer
course.
Accountabilities and Responsibilities
In addition to the items listed above, each Level 4 team
member shall:
Properly complete all applicable paperwork and
administration tasks;
Adhere to all Pickfords Records Management policies and
procedures including Quality Procedures and Work Instructions as developed; and
Carry out all tasks in a competent, safe and
professional manner as a representative of Pickfords Records Management.
A team member assigned to Level 4 shall undertake any and
all duties within this level (as set out above) and within Level 3 and Level 2
subject only to:
Licensing requirements; Training/skills acquisition;
and Individual capability.
Level 5 - In order to be classified in Level 5, team members
shall meet the following criteria:
Records Management Operations and Administration
Team members assigned to records management operations
shall:
Supervise and be capable of supervising records
management operations;
Undertake a range of clerical, administrative and
related functions with functional guidance only;
Be licensed (current and valid) to operate and capable
of operating light vehicles or stockpickers; or be skilled in records
sentencing or cataloguing;
Be fully conversant with the requirements of specific
customers and commercial arrangements in relation to those customers;
Have successfully completed a Pickfords Records
Management customer relations training course;
Have successfully completed a Pickfords Records
Management advanced computer course; and
Hold current qualifications and be skilled in
First-Aid.
In addition the Level 5 team member must:
Have successfully completed appropriate training in
supervisory and counselling skills;
Have as a minimum three years' appropriate job related
experience; and
Be responsible and accountable for functions carried
out by the team members under their supervision.
This level may be offered at PRM management's discretion.
Accountabilities and Responsibilities
In addition to the items listed above, each Level 5 team
member shall:
Properly complete all relevant Pickfords Records
Management paperwork and administration tasks;
Demonstrate high quality customer focus and customer
relations; and
Adhere to all Pickfords Records Management policies and
procedures including Quality Procedures and Work Procedures as developed.
The Level 5 team member must also be qualified, capable
and willing to undertake any and all duties within lower levels;
Substitute for any Pickfords Records Management team
member at any time with a minimum of notice; and
Carry out all tasks in a competent, safe and
professional manner as a senior representative of Pickfords Records Management.
Training and Personal Development
In order to develop team members to their full capacity, in
the mutual interests of the team member and Pickfords Records Management,
Pickfords Records Management is committed to a program of high quality training
and development. The arrangements for
training and developmental activities are as follows:
Training and development activities initiated by
Pickfords Records Management shall be at Pickfords Records Management
cost. Time spent by team members in
such activities shall be paid for at the appropriate Rate 1 (normal rate).
A team member who wishes to undertake an individual
training or developmental activity that is work related shall seek the prior
approval of the applicable supervisor or manager. If approved, the costs for such activity shall be reimbursed by
Pickfords Records Management on presentation of a pass grade for the course and
paid at the end of each unit.
All team members will be offered the opportunity of
receiving further training and Pickfords Records Management will encourage the
development of team members as required by the company quality procedure.
Reimbursements of External Training Cost
A permanent team member who resigns within six months of
completing an external training course may be required to repay to Pickfords
Records Management the cost of such training.
Pickfords Records Management may have the right to withhold such costs
from the team members' final pay. All
relevant circumstances of the resignation shall be taken into account.
6. Remuneration
Structure
Remuneration for permanent team members is structured as
follows:
Rate 1 (Normal Rate)
Applicable to the first 38 hours worked per week, with a
maximum of 12 hours per day, Monday to Friday and between the hours of 7.00
a.m. and 7.00 p.m., provided that the 7.00 a.m. to 7.00 p.m. period may be
altered by mutual agreement with the team members concerned and Pickfords
Records Management.
Rate 2 (Time and One-Half)
Applicable to the first 10 hours overtime worked per week
with a maximum of four hours at this rate Monday to Saturday.
Rate 3 (Double-Time)
Applies to any hours in excess of 48 hours a week or any
hours in excess of four hours at Rate 2 (time and one-half) on Monday to
Saturday.
Rate 3 (double-time) applies to all hours worked on Sunday.
Minimum Hours
A permanent team member is one who is employed to work a
minimum of 38 hours per week.
A permanent team member required to work on any day shall be
paid a minimum of six hours at Rate 1 (normal rate).
Pay Period
The pay period of 38 hours per week commences Wednesday
through to the following Tuesday. Pay
day will be the Thursday following the end of each pay period, unless mutually
agreed otherwise between team members and their Supervisor/ Manager.
Remuneration Range
All team members shall be paid within the range established
in Clause 7, Remuneration, for the assigned classification. Position within the range is based on merit
and performance and is at the discretion of Pickfords Records Management.
All team members shall be paid an increase in hourly rate to
that applying prior to the commencement of this award.
7. Remuneration
Remuneration - Full-time Adults -
Rate 1 (normal rate):
|
Level
|
Minimum per hour
|
Maximum per hour
|
|
5
|
15.54
|
16.66
|
|
4
|
14.34
|
15.53
|
|
3
|
13.76
|
14.33
|
|
2
|
13.15
|
13.75
|
|
1
|
12.44
|
13.14
|
The minimum and maximum rates of pay expressed above refer
to a lower and upper payment range for each employee, set at management
discretion based on the evaluation of that employee's performance within the
skills identified for that employee's respective level, identified in clause 5,
Career and Classification Structure.
Rate 2 (time and one-half):
150 per cent of the applicable Rate 1 (normal rate) at which
the team member is being paid.
Rate 3 (double-time):
200 per cent of the applicable Rate 1 (normal rate) at which
the team member is being paid.
Remuneration - Trainees
Trainees employed under the Australian Traineeship System
shall be at 75 per cent of the applicable adult or junior wage rate.
Each Pickfords Records Management location shall be able to
employ a trainee. For each additional
trainee there must be a minimum of five permanent adult team members.
Remuneration - Juniors
Each Pickfords Records Management location shall be able to
employ a junior. For each additional
junior there must be a minimum of five permanent adult team members.
Remuneration - Part-time
A permanent part-time team member is one who has reached
agreement with Pickfords Records Management to work 35 hours or less per week
on a permanent basis.
Part-time team members shall otherwise be entitled to the
conditions of this award on the pro-rata basis.
Part-time team members shall be paid at the applicable Rate
1 (normal rate) for the first 35 hours worked, Rate 2 (time and one-half) for
the next 13 hours and Rate 3 (double-time) for all hours above 48.
No part-time team member shall work less than 15.2 hours per
week.
Note: This provision
will assist in facilitating agreed job share arrangements.
Remuneration - Meal Allowance and Overnight
On work days in excess of 10 hours a team member shall be
paid a meal allowance of $8.10 or provided an evening meal. A team member required to stay away from
home overnight shall instead be paid an overnight allowance of $20.00 per night
to cover meals/incidental expenses.
Where Pickfords Records Management has not supplied accommodation, the
overnight allowance will instead be $65.00 per night, to cover accommodation,
meals and incidental expenses.
Remuneration - First-aid
A team member (Level 2 to Level 4 inclusive) who holds a
current and valid First-aid Certificate (St John's or equivalent) and is
nominated as a first-aid attendant by Pickfords Records Management shall be
paid an allowance of $8.00 per week.
Payment of Remuneration
The remuneration set out above shall be paid by direct bank
credit.
An accredited official of the Transport Workers Union of
Australia shall have full and open access, during normal office hours, to
Pickfords Records Management time and wages records for the purposes of
ensuring compliance with this award.
Remuneration - Casuals
Pickfords Records Management will from time to time engage
casual employees in order to meet peak customer workloads. Casuals will be paid at Casual Rate 1
(normal rate) below for the first 38 hours worked per pay week, Casual Rate 2
(time and one-half) for the next 10 hours worked per pay week, and Casual Rate
3 (double-time) for all hours worked in excess of 48 hours per pay week.
Team members employed on a casual basis, if required to work
on any day will be paid not less than four hours at Rate 1 (normal rate).
Casual Rate 1 (normal rate) - (Based on 15 per cent above
Rate 1 (normal rate) for permanent team members + 1/12 holiday pay) - Range - :
|
Level
|
Minimum per hour
|
Maximum per hour
|
|
5
|
19.16
|
20.55
|
|
4
|
17.68
|
19.15
|
|
3
|
16.97
|
17.67
|
|
2
|
16.22
|
16.96
|
|
1
|
15.35
|
16.20
|
Casual Rate 2 (time and one-half) - 140 per cent of the
applicable casual rate 1 (normal rate) at which the casual team member is being
paid.
Casual Rate 3 (double-time) - 186 per cent of the applicable
casual rate 1 (normal rate) at which the casual team member is being paid.
Casual rates compensate for, and are in lieu of, Clause 9,
Leave and Holidays, and other matters of jury service, parental leave and trade
union training detailed in Clause 18, Other Matters.
Pay Period - Casuals
The pay period commences Wednesday through to the following
Tuesday. Pay day will be the Thursday
following the end of each pay period, unless mutually agreed otherwise between
team members and their Supervisor/Manager.
Period of Review
The rates of remuneration and conditions set out for
employees shall be reviewed annually.
Rates shall be adjusted by the same percentage as the
percentage change in all groups (weighted average of the eight capital cities)
Consumer Price Index for the 12 months ending in June of each year as published
by the Australian Bureau of Statistics.
8. Work Patterns
Daily Work Patterns - Permanent Team Members
In general terms, the daily work pattern will be established
at each workplace with each team member.
Allied Pickfords Records Management will be required to give one week's
notice of any change in that general work pattern.
Spread of Hours
The 38 Rate 1 (normal rate) hours will normally be worked by
permanent team members over five days, unless mutually agreed otherwise between
the permanent team members and his/her supervisor/manager.
Span of Hours
The span of hours for Rate 1 (normal rate) work will be 7.00
a.m. to 7.00 p.m., unless mutually agreed otherwise between the permanent team
member and his/her supervisor/manager.
Work Breaks
Work breaks for all team members are structured as follows:
Work days up to 10 hours - The following work breaks shall
apply:
20 minute paid break which is considered time worked;
One 30 minute unpaid break which is not considered time
worked.
Wherever possible the work breaks should be scheduled so as
to split the work day into three work periods of approximately equal duration.
Work days in excess of 10 hours - The following work breaks
shall apply:
Two 20 minute paid work breaks which are considered
time worked;
One 30 minute unpaid work break which is not considered
time worked; and
One 20 minute paid work break for each additional four
hours worked.
Wherever possible the work breaks should be scheduled so as
to split the work day into three work periods of approximately equal duration.
Rest Period
A team member shall be entitled to a minimum 10-hour break
between work periods, unless mutually
agreed otherwise. If a team member is
required to return to work before the end of the 10 hours, he/she shall be paid
at Rate 3 (double-time) until the 10-hour rest period would have passed.
The above rest periods are subject to all State and Federal
Transport Safety legislation, both present and future.
Use of Employees' Vehicles
It will be at the team members' choice to use or not to use
his/her vehicle for occasional company business. All vehicles used must be covered by comprehensive insurance.
The rate of payment when a team member uses his/her vehicle
for incidental purposes shall be 44 cents per kilometre.
9. Leave and Holidays
9.1 Holidays
The following ten days or the gazetted equivalents or
substitutes, shall be holidays:
New Years Day, Australia Day, Labour Day, Good Friday,
Easter Monday, Anzac Day, Sovereign's Birthday, Picnic Day (TBA), Christmas
Day, Boxing Day.
Should Christmas Day, Boxing Day, New Year's Day or
Australia Day fall on a weekend, a week day will be granted in lieu.
Team members working on Christmas Day or Good Friday
shall be paid double-time for the hours worked, subject to a minimum of four
hours, in addition to the normal day's pay at Rate 1 (normal rate).
Team members who agree to work on any of the above
holidays or Easter Sunday, shall be paid time and one-half for the hours worked, subject to a minimum
of four hours, in addition to the normal day's pay at Rate 1 (normal rate).
9.2 Annual
Leave
Each team member shall be entitled to 152 hours (four
weeks) annual leave which shall accrue on a pro-rata basis. A day's annual leave taken will be paid as
7.6 hours on Rate 1 (normal rate).
Additional leave allocations accrued as a result of working on gazetted
holidays as above may be either:
taken as annual leave; or
paid out in conjunction with annual leave taken.
Leave shall normally be taken at such time as agreed
between the team member and Pickfords Records Management and subject to
Pickfords Records Management approval.
If the annual leave accrual has built up to more than 152 hours, then by
agreement the team member may take 7.6 hours annual leave on 24 hours' notice.
At least 28 days' notice may be given as to when a team
member is to commence leave; and if such notice be withdrawn by Pickfords
Records Management, the team member, if he/she postpones his/her leave, shall
be compensated for not unreasonable out-of-pocket loss occasioned thereby.
A team member may, by agreement, arrange to carry over
leave for the purpose of engaging in an extended leave period. Provided that the date for the extended
leave is fixed, the period is limited to eight weeks, and the leave is actually
taken on the agreed date.
Upon termination of employment the total outstanding
annual leave balance shall be paid out.
Annual leave taken or paid out shall be paid at the
rate 1 (normal rate) of the level at which the team member is classified at the
time of taking the leave.
Annual leave loading has been included in the
development of rates contained in Clause 7, Remuneration, and is therefore not
payable on annual leave.
Any 25 per cent annual leave loading owing to the team
member prior to signing this agreement will be paid out at the previous pay
rate.
9.3 Sick
Leave
Accrued sick leave may be utilised on account of
illness, non work-related injury, personal emergency or pressing domestic
necessity. In respect of pressing
domestic necessity, payment will be limited to two days in any one year. Work related injury is not covered by sick
leave as this is covered by relevant State Workers' Compensation.
Sick leave shall accrue at the rate of 60.8 hours each
year. Sick leave not taken shall accrue
into the following year for length of service.
Pickfords Records Management may require a team member
to produce a doctor's certificate or other acceptable proof of absence in which
case the proof must be produced to obtain payment for any sick leave absences
in excess of two consecutive working days.
Sick leave taken shall be paid at Rate 1 (normal rate)
of the level applicable at the time sick leave is taken. Payment shall be for up to 7.6 hours per
day.
Upon return to work, the period of sick leave shall be
deemed to be time worked for the purposes of establishing the rates applicable
pursuant to Clause 6, Remuneration Structure,
for the balance of that work week.
9.4 Bereavement
Leave
A team member shall be entitled to Bereavement Leave on
the occasion of the death of the team member's:
Husband or Wife (including de facto); Father or Mother
(including foster or step); Brother or Sister (including foster or step);
Grandmother or Grandfather; Child (including foster or step); Father-in-law or
Mother-in-law.
Bereavement leave shall be allowed for up to two days
at Rate 1 (normal rate) of the level applicable. Payment shall be for 7.6 hours per day.
9.5 Accident
Make-up Pay
Subject to the relevant State Workers' Compensation
Acts, a team member entitled to compensation payments for a period of
incapacity through injury shall receive payment of make-up pay as follows:
Weekly payment shall be the difference between the
amount of payment the team member received from Workers' Compensation and the
payment the member would have received from 38 hours per week at Rate 1 (normal
rate) of the level applicable. Periods
less than one week shall be pro-rated.
Payment shall cease in the event of the team member
receiving a lump sum redemption of weekly payments.
Superannuation contributions shall be maintained for a
maximum period of 26 weeks.
Payment shall be for a maximum period of 26 weeks.
9.6 No Rostered
Days Off
This Award provides for a 38-hour normal working week
(not 40 hours). Rostered days off are
therefore neither accrued or taken.
9.7 Personal /
Carer's Leave
9.7.1 Use of Sick
Leave
9.7.1.1 An
employee other than a casual employee, with responsibilities in relation to a
class of person set out in subparagraph 9.7.1.3 of paragraph 9.7.1 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 at
clause 9.3 - 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.
9.7.1.2 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.
9.7.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
9.7.1.3.1 the
employee being responsible for the care of the person concerned; and
9.7.1.3.2 the
person concerned being:
9.7.1.3.3 a
spouse of the employee; or
9.7.1.3.3.1 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
9.7.1.3.3.2 a
child or an adult child (including an adopted child, step child, a foster child
or an ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling or the employee or spouse or de facto spouse
of the employee; or
9.7.1.3.3.3 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
9.7.1.3.3.4 a
relative of the employee who is a member of the same household, where for the
purposes of this subparagraph:
9.7.1.3.3.4.1 "relative"
means a person related by blood, marriage or affinity;
9.7.1.3.3.4.2 "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
9.7.1.3.3.4.3 "household"
means a family group living in the same domestic dwelling.
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.
9.7.1.4 Unpaid
Leave for Family Purpose
9.7.1.4.1 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 9.7.1.3 of subclause 9.7.1 above who is ill.
9.7.1.5 Annual
Leave
9.7.1.5.1 An
employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five (5) days in single day periods or part thereof, in any
calendar year at a time or times agreed by the parties.
9.7.1.5.2 Access
to annual leave, as prescribed in paragraph 9.7.1.5 of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
9.7.1.5.3 An
employee and employer may agree to defer payment of the annual leave loading in
respect of single day absences, until at least five (5) consecutive annual
leave days are taken.
9.7.1.6 Time
Off in Lieu of Payment for Overtime
9.7.1.6.1 An
employee may elect, with the consent of the employer, to take time off in lieu
of payment for overtime at a time or times agreed with the employer within
twelve (12) months of the said election.
9.7.1.6.2 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.
9.7.1.6.3 If,
having elected to take time as leave in accordance with paragraph 9.7.1.6.1
above, the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the twelve (12) month period or
on termination.
9.7.1.6.4 Where
no election is made in accordance with paragraph 9.7.1.6.1, the employee shall
be paid overtime rates in accordance with the award.
9.7.1.7 Make-Up
Time
9.7.1.7.1 An
employee may elect, with the consent of the employer, to work "make-up
time", under 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.
9.7.1.7.2 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.
9.7.1.8 Rostered
Days Off
9.7.1.8.1 An
employee may elect, with the consent of the employer, to take rostered day off
at any time.
9.7.1.8.2 An
employee may elect, with the consent of the employer, to take rostered days off
in part day amounts.
9.7.1.8.3 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 employer.
9.7.1.8.4 This
subclause is subject to the employer informing the union where it 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 to participate in negotiations.
10. Superannuation
Pickfords Records Management shall maintain compliance with
a superannuation scheme approved by the Occupational Superannuation Commission
and shall make contribution on behalf of each team member in accordance with
the scheme’s Deed of Adherence and in line with legislative requirements.
Team members shall be given the opportunity to transfer
their Superannuation arrangements into the Transport Workers’ Superannuation
Fund.
11. Counselling
Procedure
A team member whose behaviour or performance is considered
unacceptable or requiring improvement shall be counselled so that they
understand the behaviour and performance expected of them and will be offered
assistance and guidance in achieving the required standard.
Where verbal counselling is not successful, formal warnings
may be necessary. These will be issued
by a Pickfords Records Management manager.
The team member concerned may choose to have the shop steward or other
witness present. In issuing a formal
warning, the Pickfords Records Management manager shall note the behaviour or
performance that is unacceptable and will advise the team member what action is
required to rectify the situation, allowing a reasonable time to rectify. The team member will be shown a written
record of any warning and will have the opportunity of commenting on its contents,
whether in writing or orally.
Such records will only be placed on the team member’s
personnel file after the team member has been given the opportunity to
respond. Outstanding warnings will be
monitored by the Personnel Department, and the managers will be required to
report such warnings on a quarterly basis, together with progress towards the
rectification and expunging of the warning.
Prior to any dismissal, a team member will be given a final
warning, in accordance with the above procedure, and advised of the
consequences of the team member not rectifying the situation.
At all times, all formal warnings will be noted on the team
member’s personnel file, which will be available to the team member in the
presence of management.
A warning shall remain in force for a maximum of 12 months.
This clause does not apply to gross misconduct warranting
instant dismissal; see Clause 4 - Employment.
12. Grievance Or
Dispute
Where a bona fide safety issue is involved, the employer and
the appropriate safety authority must be notified concurrently or at least a
bona fide attempt made to so notify that authority, and in such cases the
following procedure need not apply.
A team member who has a grievance or dispute shall deal with
it as follows:
In the first instance, the team member shall discuss
and attempt to resolve the issue with an appropriate Supervisor/Manager;
If not resolved, the team member may, if he/she wishes,
involve a union delegate or other personal representative;
If not resolved, the team member shall bring the matter
to the attention of senior management.
If the team member wishes, this may be done in the presence of a union
delegate or personal representative;
If not resolved, the matter may be referred to the TWU
who may discuss the matter with senior management;
If not resolved, the matter may be referred to the
Industrial Relations Commission of New South Wales for resolution, whose
decision shall, subject to any appeal in accordance with the Industrial Relations Act 1996, be final
and shall be accepted by the parties.
Until the matter is determined, work shall continue as
instructed by the employer. No party
shall be prejudiced as to the final settlement by the continuance of work in
accordance with this subclause.
13.
Anti-Discrimination
13.1 It is the
intention of the parties to this agreement to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
Paragraph 2 only applies where the agreement contains a
dispute resolution procedure:
13.2 It follows that
in fulfilling their obligations under the dispute resolution procedure set out
in this agreement the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this agreement 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 agreement which, by
its terms or operation, has a direct or indirect discriminatory effect.
13.3 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.
13.4 Nothing in this
clause is to be taken to affect:
13.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
13.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
13.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
13.4.4 a
party to this agreement from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
13.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
14. Personal
Performance Improvement Program
An annual personal performance improvement program shall
operate which shall have as its primary objective the creation and maintenance
of communication between each permanent team member and his/her manager on
expectations, performance and potential for improvement, thereby:
Assisting the Pickfords Records Management team to
deliver improved performance to our customers;
Assisting us to become more competitive in the
marketplace;
Assisting us to identify areas of potential
improvement;
Assisting us to identify and reward superior performers
This personal program will give each team member a formal
assessment of his/her performance and potential for improvement and
development. Three practical effects of
this program will be to:
Assist in the establishment of team member’s
remuneration within the level scales established by this award;
Ensure opportunities for career development;
Identify future training and development requirements.
15. Quality Program
Pickfords Records Management operates a comprehensive
Quality Program. Pickfords Records
Management is currently implementing Policies and Procedures to comply with ISO
9002.
It is a fundamental condition of employment with Pickfords
Records Management that team members abide by and fully support the letter and
spirit of these Programs.
16. Uniforms
Where an employee is required to wear a distinctive uniform,
this will be provided free of cost by Pickfords Records Management .
The uniforms are to be maintained to an acceptable standard
by the employee.
The uniforms provided shall be renewed when reasonably
necessary on an exchange basis.
The uniforms shall remain the property of Pickfords Records
Management and shall be returned when required in a condition commensurate to
normal wear and tear.
The uniforms, where supplied, must be worn as specified by
the Company.
17. Award to be
Exhibited
This award shall be exhibited in a conspicuous place in each
of the applicable sites.
18. Other Matters
The following matters are deemed to be part of this award
and shall be complied with:
|
Long Service Leave
|
In accordance with the Long
Service Leave Act 1955
|
|
Jury Service
|
In accordance with the Transport Industry (State) Award
|
|
Parental Leave
|
In accordance with the Industrial
Relations Act 1996
|
|
Right of Entry
|
In accordance with the Industrial
Relations Act 1996
|
|
Union Notice Board
|
In accordance with the Transport Industry (State) Award
|
|
Union Delegate:
|
In accordance with the Transport Industry (State) Award
1994
|
19. Redundancy
Termination of a team member’s employment shall not be
harsh, unjust, or unreasonable. This
shall include termination with or without notice.
Pickfords Records Management fully endorses the philosophies
of equal opportunity employment which are reflected in long standing written
policies. The company may only
differentiate where the nature of the business or a particular position
requires. Any other termination on the
ground of race, colour, gender, marital status, family responsibilities,
pregnancy, religion, political opinion, national extraction or social origin
shall constitute harsh, unjust or unreasonable termination of employment and
shall be contrary to Pickfords Records Management policy and values.
It is a term and condition of employment and of rights
accruing under this Award that a team member shall:
perform such work as Pickfords Records Management shall
reasonably require;
work reasonable overtime at any time on any day of the
week.
Discussions Before Termination
Where Pickfords Records Management has made a definite
decision that it no longer wishes the job the team member has been doing
performed by anyone, and this is not due to the ordinary and customary turnover
of labour, and that decision may lead to termination of employment, Pickfords
Records Management shall hold discussions with the team member/s directly
affected.
The discussions shall take place as soon as practicable
after Pickfords Records Management has made a definite decision in accordance
with the above paragraph. Discussions shall at least cover any reasons for the
proposed termination, measures to avoid or minimise the terminations and
measures to mitigate any adverse effects of any terminations on the team
member/s concerned.
During the discussion, Pickfords Records Management shall
advise the team member/s concerned and their union, of all relevant information
about the proposed terminations, the number and categories of team members
likely to be affected, and the number of team members normally employed and the
period over which the terminations are likely to be carried out. Pickfords Records
Management shall not be required to disclose confidential information, where
disclosure may be contrary to the interests of Pickfords Records Management.
Transfer to Lower Paid Duties
Where a team member is transferred to lower paid duties as a
consequence of mutual agreement following discussions referred to above, the
team member shall be entitled to the same period of notice of transfer as
he/she would have been entitled to if his/her employment had been
terminated. Pickfords Records
Management may, at its option, make payment in lieu of an amount equal to the
difference between the former ordinary time rate of pay and the new lower
ordinary time rates for the number of weeks of notice then owing.
Redundancy Pay
A team member whose employment is terminated for reasons
previously defined in this clause shall be entitled to the following amount of
redundancy pay, in addition to all other entitlements, in respect of a
continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following:
|
Years of Service
|
Under 45 years of
age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2
years
|
4 weeks
|
|
2 years and less than 3
years
|
7 weeks
|
|
3 years and less than 4
years
|
10 weeks
|
|
4 years and less than 5
years
|
12 weeks
|
|
5 years and less than 6
years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following:
|
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
|
"Week’s Pay" means the Rate 1 (normal rate) of pay
for the team member concerned.
Time-off During Notice Period
During the period of notice of termination given by
Pickfords Records Management, a team member shall be allowed up to one day’s
time-off without loss of pay during each week of notice for the purpose of
seeking other employment.
If a team member has been allowed paid leave for more than
one day during the notice period for the purpose of seeking other employment,
the team member shall, at the request of Pickfords Records Management, be
required to produce proof of attendance at an interview or he/she shall not
receive payment for the time absent. For this purpose, a statutory declaration
will be sufficient.
F.
MARKS J.
____________________
Printed by
the authority of the Industrial Registrar.