MULTI-FILL PTY LTD ENTERPRISE AGREEMENT CONSOLIDATED AWARD 1995
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1142 of 2001)
Before The Honourable
Justice Kavanagh
|
12 July 2001
|
REVIEWED AWARD
Clause No. Subject Matter
1. Title
2. Area,
Incidence and Duration - Parties
3. Relationship
to Parent Award
4. No Duress
5. Date and
Period of Operation
6. Aims of
the Award
7. Hours of
Work
8. Probation
9. Summary
Dismissal
10. Casual
Employees
11. Part-time
Employees
12. Electronic
Funds Transfer of Wages
13. No
Reduction of Overaward Pay and Conditions of Employment for Employees engaged
prior to 4 September 1996
14. Consultative
Committee
15. Classifications
and Remuneration
16. Bonus
Schemes
17. Flexibility
18. Meal
Breaks
19. Meal
Allowance
20. Overtime
21. Sick Leave
22. State
Personal/Carer's Leave Case - August 1999
23. Laundry
Cost Reimbursement
24. Annual
Leave
25. Disciplinary
Procedure
26. Grievance
Procedure
27. Personal
and Family Emergency Leave
28. Training
and Development
29. Future
Negotiations
30. Anti-Discrimination
Attachment A - The Common Goals and Principles of the
Long Term Enterprise Agreement Process
Attachment B - Consultative Committee Constitution
Attachment C - Bonus Schemes
Attachment D - Disciplinary Policy and Procedure
Attachment E - Attendance Policy
Attachment F - Award Review Variations
PART B
MONETARY RATES
Table 1 - Rates of Pay
1. Title
This award shall be known as the Multi-Fill Pty Ltd
Enterprise Agreement Award 1995.
2. Area, Incidence
and Duration - Parties
This award is made between, and shall be binding on,
Multi-Fill Pty Ltd of 14 Garling Road, Kings Park, NSW, a company engaged in
contract packaging, warehousing and distribution of aerosol and liquefied
products, at 14 and 16 Garling Road, Kings Park, NSW, and The Australian
Workers’ Union, New South Wales, representing the employees of Multi-Fill Pty
Ltd employed in the following classifications:
Process Workers, Mixer Dispensers, Mixer/Supervisor
(Compounder) Mixer Compounders, Analytical Process Chemists, Quality
Inspectors, Quality Control, Line Setters, Fitters, Motor Mechanics.
3. Relationship to
Parent Award
This award shall be read in conjunction with the Drug
Factories (State) Award and shall prevail to the extent of any inconsistency with
the Drug Factories (State) Award. Where
this award is silent the Drug Factories (State) Award shall apply.
4. No Duress
This award was not entered into under duress by any party to
it.
5. Date and Period of
Operation
The changes made to this award follow a review under s19 of
the Industrial Relations Act 1996 and
replaces the Multi-Fill Pty Ltd Enterprise Agreement Award 1995 published 15
November 1996 (295 IG 896) and all variations thereof.
The award published 15 November 1996 took effect from the
beginning of the first complete pay period commencing on or after 4 September
1995.
The changes made to the Award Review pursuant to s19(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 IG 307) are
set out in Attachment E and take effect on the first full pay period on or
after 12 July 2001.
The Award remains in force until varied or rescinded, the
period for which it was made having already expired.
6. Aims of the Award
The aims of the award are to achieve flexible working hours,
workplace productivity and harmonious work relations.
The common goals and principles of the long term enterprise
award process are summarised in Attachment A - The Common Goals and Principles
of the Long Term Enterprise Agreement Process, as annexed to this award.
7. Hours of Work
(a) Ordinary hours
of work are an average 76 hours per fortnight.
These hours will be worked between 6.00 a.m. and 6.00 p.m. Monday to
Friday.
(b) Method of
Working 76-Hour Fortnight - The 76-hour fortnight will be worked on the basis
of a 9-day fortnight with one flexiday off per fortnight to be taken by
employees, currently detailed as follows:
(i) Hours -
Starting time
|
- 6.30 a.m.
|
Finishing time
|
- cessation of work - 3.15
p.m.
|
|
- end of work - 3.30 p.m.
|
Provided that on the ninth day of each fortnight,
cessation of work shall be at 2.45 p.m.
(ii) Breaks -
Morning Tea - 10 minutes - 9.00 a.m.
Lunch - 30 minutes
-12.00 noon rotating.
Afternoon tea and wash up totalling 15 minutes is
offset by finishing 15 minutes early every day.
Provided that employees in the Finished Goods Warehouse
work a 10-day fortnight at an average of 7.6 hours per day.
(c) Flexidays -
Normally, every second Friday will be a flexiday. However, Multi-Fill's accounting month finishes on the Friday
closest to the end of the calendar month and stocktaking is done on this day.
To maximise efficiency, flexidays will be taken on
these Fridays and the flexidays schedule will be adjusted accordingly.
(i) When a
flexiday falls close to a public holiday, the flexiday will be taken so as to
avoid starting up the factory for a short production cycle.
(ii) The company
may, by agreement with employees, defer the taking of a flexiday or groups of
flexidays until a time of low production or factory shut-down.
(iii) Maintenance
employees will take flexidays so as to be available to work when the remainder
of the employees are on flexidays.
(d) Flexidays
Relating to Annual Leave and Sick Leave -
(i) No employee's
annual leave and sick leave entitlement is reduced or affected by the method of
payment adopted, and its effect is that the correct pay is received on the
flexiday.
Employees are entitled to the following:
Sick Leave
|
76 hours per annum
|
Annual Leave
|
152 hours per annum
|
(ii) For each day
of sick leave and annual leave, 7.6 hours will effectively be deducted from entitlements. Where time is taken off and the entitlements
have been exceeded, then no payment will be made and no adjustments made
against other leave entitlements, unless specifically requested and written
approval obtained.
(iii) Payment will
be made at the rate of 7.6 hours per day and the company will contribute an
additional 0.9 hours towards the applicable flexiday.
(e) Notice of
Change of Starting and Finishing Times - Starting and finishing time(s) may be changed
by the Company on giving employees 7 days notice of the change.
8. Probation
Multi-Fill employees handle a wide range of chemicals, some
of them hazardous, on a number of high speed production lines. For the safety of all employees, it is essential
that the abilities and attitudes of new employees be thoroughly assessed.
(a) All new
employees will be employed on a probationary basis for the first three months
of employment.
(b) The
probationary employee shall enter into a structured probationary period which
shall be monitored each month as to progress being made and productivity level
reached, with the employee being advised in writing of the progress being made,
together with any matters which may need to be improved.
(c) Notwithstanding
the provisions of subclause (b) of this clause, the Company and the Union agree
that during the probationary period, employment may be terminated by either
party with one week's notice or payment in lieu, without penalty.
(d) A three months
probation period will also apply where an employee's classification is altered
to another classification covered by this award.
(e) Provided that
where an employee is assessed as unsatisfactory in the new classification, the
employee will be returned to his/her previous classification on the rate of pay
applicable to that employee's previous classification that was paid immediately
prior to entry into the new classification.
9. Summary Dismissal
The Company retains its right to summarily dismiss an
employee without notice for serious and wilful misconduct. Without limiting the Company's rights in
this regard, examples of such conduct or behaviour may be the commission of a
criminal act against the Company, its employees, contractors or clients,
serious and wilful breaches of the Company's safety policy and/or the
provisions of the occupational health and safety legislation, fighting, the
taking of alcohol or a prohibited substance while on duty, vandalism or theft.
10. Casual Employees
The Company may engage any number of casual employees from
time to time in order to meet fluctuations in demand and seasonal variations in
the business. It is, however, the
intention of the Company whenever possible to engage employees on a permanent
basis.
(a) A casual
employee is one who is engaged on an hourly basis when required and is paid as
such.
(b) A casual
employee will be paid per hour one thirty-eighth of the applicable weekly rate
as specified in (i) of Table 1 - Rates of Pay, of Part B, Monetary Rates, plus
17.5 additional loading to compensate for loss of public holidays not worked
and sick leave. Further, such employees
shall be paid an additional loading of one-twelfth of their daily rate in lieu
of annual leave entitlements.
11. Part-Time
Employees
(a) An employee may
be engaged to work on a part-time basis for an average of less than 38 hours
per week, and not less than 20 hours per week.
An employee so engaged will be paid per hour one thirty-eighth of the
relevant weekly rate. An employee
engaged on a part-time basis will be entitled to payments in respect of annual
leave, public holidays and sick leave on a proportionate basis.
(b) A fixed term
or specified task employee may be engaged on a temporary basis under a contract
of employment and will be subject to the ordinary span of hours within the
section.
12. Electronic Funds
Transfer of Wages
(a) Wages will be
paid fortnightly by electronic funds transfer to an account nominated by the
employee. Funds will be transferred to the account no later than Thursday each
fortnightly payment is due.
(b) Provided that
the financial duty attached to the direct deposit of wages into an employee's
account, plus one withdrawal, will be paid by the Company. Following implementation, the system will be
reviewed to standardise these payments across the various financial
institutions.
(c) Casuals will
have the alternative of being paid in cash, on a weekly basis.
(d) Payslips will
be available on Thursday morning of the same pay period.
13. No Reduction in
Overaward Pay and Conditions of Employment for Employees
Engaged Prior to 4 September 1996
The parties to this award confirm that as a consequence of
the award coming into operation, there shall be no reduction in overaward
payments and conditions of employment for individual employees who were
employed prior to 4 September 1996.
14. Consultative
Committee
There shall be a Consultative Committee comprised of
representatives of Management and elected Union representatives in accordance
with the provisions of the constitution in Attachment B, Consultative Committee
Constitution, as annexed to this award.
15. Classifications
and Remuneration
The classification structure and pay rates are set out in
Table 1 - Rates of Pay, of Part B, Monetary Rates.
The minimum wage for all employees will not be lower than
the wages provided in the Drug Factories (State) Award as varied from time to
time.
16. Bonus Schemes
The Company has implemented two bonus schemes designed to
encourage reduction in wastage. These
schemes benefit all permanent employees covered by this award.
(a) Scheme A
rewards employees if the plant consistently meets wastage standards. The maximum bonus payable under this scheme
will be the equivalent of one week's pay per year.
(b) Scheme B
rewards employees if the plant performs to better than wastage standards. Fifty per cent of the dollar value of the
additional savings will be shared with the employees covered by this award.
The details of the schemes are set out in Attachment C
- Bonus Schemes, annexed to this award.
17. Flexibility
(a) The parties
are committed to the removal of demarcations and work practices which inhibit
productivity and efficiency of the business.
There will be no demarcations which prevent employees from carrying out
work within their skills and capability.
(b) Employees may
be required to perform any duties that are within the limits of the employee's
skill, competence and training. This
may also include work which is incidental and/or peripheral to their main tasks
and functions, as long as it does not promote deskilling.
(c) Multi-skilling
of team members will ensure that there is a sufficient overlap in skills to
cover any absence.
18. Meal Breaks
(a) Employees will
be allowed a lunch break of 30 minute and a morning tea break of ten minutes
per day.
(b) Timing of all
meal breaks will take into account the operational requirements of the
business.
(c) Provided
always that no employee shall be required to work more than five hours without
a meal break.
19. Meal Allowance
(a) The meal
allowance benefit of a sum a set out in Item 3 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, will be due and paid when, on any day, overtime
worked exceeds 1.5 hours from the normal finishing time of 3.15 p.m.
(b) The meal
allowance benefit as set out in the said Item 3 will be due and paid when, on a
flexiday, the actual finishing time exceeds 1.5 hours from normal finishing
time of 3.15 p.m.
(c) The meal
allowance benefit is not payable in relation to early morning starts.
20. Overtime
(a) The Company
may require any employee to work reasonable overtime.
(b) All time
worked in excess of the ordinary hours prescribed in this award shall be paid
for as overtime in accordance with current Company practice and as specified in
the award.
21. Sick Leave
(a) An employee
with more than three months continuous service will be entitled to sick leave
for up to 76 hours per annum.
(b) Upon
completion of the first three months of service, the entitlement to sick leave
will be backdated to the employee's commencement date.
(c) An employee
will not be entitled to paid leave of absence for any period in respect of
which he/she is entitled to workers' compensation.
(d) All employees
must, within a reasonably practicable time of normal commencement of duties,
notify the Company, which in all instances means the Supervisor or Manager of
the relevant Department, of their inability to attend for duty, the nature of
the injury or illness and, as far as possible, state the estimated duration of
the absence.
(e) All employees
shall provide a medical certificate or statutory declaration (when a medical
certificate is not available) detailing the reason that he/she was unable to
attend for duty on account of such illness or personal incapacity.
(f) On resumption
of duties all employees, whether the absence is for one or more days, must
complete the relevant Report of Absence Form to which a medical certificate
must be attached.
Only after completion and authorisation by the relevant
Department Manager will payment be processed.
22. State
Personal/Carer's Leave Case - August 1996
(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 21, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as
the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose:
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave:
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime:
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time:
(a) An employee
may elect, with the consent of the employer, to work "make-up time", under
which the employee takes time off
ordinary hours, and works those hours at a later time, during the spread of
ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off:
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
23. Laundry Cost
Reimbursement
Recognising that a majority of employees have expressed a
preference to launder their own protective clothing, the Company will reimburse
the costs incurred for process aprons, laboratory coats and work shirt and
trousers at a rate as set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, per week. (Annual leave, workers' compensation and long service leave
periods are excluded.)
24. Annual Leave
Employees will be entitled to four weeks annual leave in
accordance with the relevant awards and the Annual
Holidays Act 1944. From time to
time, the Company may need to shut down the plant to carry out major
maintenance work or to install new equipment.
Employees may be required to take up to two weeks of their annual leave
during these shut-down periods. The
Company will give employees a minimum of three months notice of such shut-down.
25. Disciplinary
Procedure
The Company's formal disciplinary procedure, which it
utilises as a means of correcting behaviour and applying disciplinary measures
for inappropriate behaviour, shall be in accordance with Attachment D -
Disciplinary Policy Procedure, as annexed to this award.
26. Grievance
Procedure
In the event of a grievance or dispute, the employee(s)
shall take up the matter with the immediate Supervisor and the procedure for
settlement of the grievance or dispute shall be as follows:
(a) The Supervisor
and the employee(s) concerned shall attempt to resolve the grievance or dispute
in the first instance in the presence of a person of the employee's choice and
if the employee so requires.
(b) If the issue
is unresolved, the supervisor and the employee shall refer the matter to a
senior member of Management. Provided
that should a senior member of Management wish to discuss the grievance dispute
with the employee concerned, such discussion shall be held in the presence of a
person of the employee's choice if the employee so requires.
(c) If the grievance
or dispute is unable to be resolved at this stage, the appropriate union
delegate and a Company representative shall attempt to resolve the matter.
(d) If this is
again unsuccessful, the union delegate shall refer the matter to the Secretary
or other official of the union who will attempt to resolve the dispute with an
appropriate nominee of the Company.
(e) In the event
of the grievance or dispute still being unresolved after following this
procedure, the matter shall be referred to the Industrial Relations Commission
of New South Wales.
(f) Normal work
shall continue at all times and without any industrial action or sanctions
during the operation of this procedure, provided that all occupational health
and safety precautions are observed.
27. Personal and
Family Emergency Leave
Multi-Fill appreciates that there are circumstances which
may arise that necessitate an employee being absent from work as a result of
illness in the family. In an endeavour to assist an employee in reconciling
her/his employment and family responsibilities, the employee's sick leave may
be extended to cover absence from work in case of illness of a member of the
employee's household.
Provided that the extension of any employee's sick leave
shall be subject to the following conditions:
(i) production of
satisfactory evidence of illness; and
(ii) the employee
must have responsibility for the care of the family member who is ill.
This entitlement is available to all permanent
employees provided that, in return, they will not seek to take advantage of
these provisions to increase leisure time.
28. Training and
Development
Staff will be trained to perform their work with confidence
and safety and encouraged to undergo further training to allow them to develop transferable
technical and supervisory skills.
29. Future
Negotiations
During the lifetime of this award the Consultative Committee
will develop productivity indicators, additional to the wastage indicators
outlined in clause 16, Bonus Schemes.
These productivity indicators may be incorporated into future incentive
bonus schemes.
30.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
(6) These orders
shall operate until further order of the Commission.
ATTACHMENT A
THE COMMON GOALS AND PRINCIPLES OF THE LONG TERM ENTERPRISE AGREEMENT
PROCESS
Goal A - Multi-Fill is a successful and competitive Company.
It is able to win long-term contracts in a competitive environment and is able
to retain long-term satisfied customers.
Principles to achieve goal:
1. Multi-Fill's
costs of production must be less than its competitors.
2. The quality
of Multi-Fill's products must be better than its competitors.
3. Multi-Fill
must have an accurate system to allow it to measure its costs and efficiency.
4. Work
practices must be efficient and flexible.
5. Absenteeism
must be minimised - sick leave is not to be used as an alternative form of recreation
leave.
6. Some of the
information in Multi-Fill's operation could be of great benefit to Multi-Fill's
competitors.
Such information must be identified and kept
confidential.
Goal B - The staff, the management and the shareholders
share in the long-term business success of Multi-Fill.
Principles to achieve goal:
1. Multi-Fill
will pay each of its staff a fair wage.
2. If, as a
result of improvements in efficiency, Multi-Fill's profits increase, these
increases may be shared with the staff.
3. Multi-Fill's
capacity to share profits is determined by the conditions of bank lending,
provision for capital investment, depreciation, provision for superannuation
and long service leave and many other factors, i.e., all areas vital to
maintaining a long-term business presence.
4. The
consultative committee will develop a method for calculating a form of
performance-related pay to reflect a fair method of distribution.
Goal C - Management and staff of Multi-Fill enjoy work
satisfaction.
Principles to achieve goal:
1. Where
possible, jobs will be enriched by minimising repetitive work and increasing
multi-skilling.
2. Staff will be
encouraged to suggest ways to improve the production process. Such suggestions will be considered by
management and a reply will be given to the person or group who made the
suggestion.
3. Staff will be
kept informed of Multi-Fill's position in the marketplace, the planned
introduction of new products and proposed changes to methods and practices.
4. Staff will be
trained to perform their work with confidence and safety and encouraged to
undergo further training to allow them to develop technical and supervisory
skills.
Goal D - Multi-Fill is a pleasant place to work.
Principles to achieve goal:
1. Multi-Fill will
be a safe place to work.
2. Multi-Fill
staff will work as a team with a sense of common purpose.
3. Multi-Fill
management appreciates that there are circumstances which may arise that
necessitate an employee being absent from work as a result of illness in the
family. In an endeavour to assist an
employee in reconciling his/her employment and family responsibilities, the
employee's sick leave may be extended to cover absence from work in case of
illness of a member of the employee's household. Multi-Fill's personnel rules will reflect that appreciation;
provided that, in return, employees will not seek to take advantage of these
provisions to increase leisure time.
4. Redundancy,
discipline and grievance matters will be handled in a manner which respects the
dignity of the staff involved.
ATTACHMENT B
CONSULTATIVE COMMITTEE
Constitution
1. Name:
The Council shall be known as the Multi-Fill
Consultative Committee.
2. Aims:
The aims of the Committee are:
2.1 To develop an
enterprise agreement acceptable to the employees, management, Company and the
involved unions, with a proposed time-frame of two months.
2.2 To give
employees an opportunity to participate in planning and decision making in order
to make the organisation more productive, efficient, a better place to work and
develop better understanding between management and employees. The initial objectives are detailed as Item
14, Objectives.
3. Scope:
The Council may address any matter except:
Matters that should be handled by the Occupational
Health and Safety Committee.
Matters where decisions are normally made by a
Superintendent or Supervisor, and where that person has had insufficient
opportunity to make a decision.
Matters relating to industrial issues may be discussed,
but decisions would be reached through the normal disputes settlement
procedure.
Nothing in this clause in intended to limit the scope
of the committee. The membership of the
committee will determine if a matter proposed for consideration by the
committee is subject to the above exemptions.
4. Membership:
The Council shall have a membership comprising three
management members and five employee representatives as follows:
4.1 Management
Members - The management members shall be the Chief Executive, Plant Manager
and Supply Manager or other Managers as nominated by the Company from time to
time.
4.2 Employee
Representatives - The employee representative shall be elected by and from the
following constituencies:
Mixing Department
|
1
|
Quality Assurance
|
1
|
Production
|
1
|
Maintenance/Line Set-up
|
1
|
Warehouse and Distribution
|
1
|
|
5
|
5. Election
Procedures:
Employee representatives shall be elected from each
constituency as follows:
5.1 Eligibility -
Representatives must spend the majority of their working time as members of
that constituency and have at least six months current service with the
Company.
5.2 Each candidate
shall be nominated by at least one employee, with at least one seconder, and
shall accept nomination.
5.3 Eligibility of
Nominator and Seconder - The nominator(s) and seconder(s) for each candidate
must spend the majority of their working time as members of the constituency as
the candidate.
5.4 Eligibility -
Voting - Employees voting for a candidate must spend the majority of their
working time as members of the same constituency as the candidate.
5.5 Voting
Procedures - Election meetings of each constituency shall be held in Company
time and, together with the names of candidates, shall be advised by notice
board with a minimum of one week's notice.
Attending and voting is not compulsory.
Voting shall be by show of hands.
5.6 Term of Office
- Employee representatives shall be re-elected each year and serve for a
maximum of two consecutive terms.
5.7 Casual
Vacancies - Casual vacancies shall be filled by the above voting Procedures
(5.5).
6. Officers:
6.1 The
Chairperson shall be the Chief Executive or his or her appointed deputy. The
council shall then determine the subsequent procedure for electing or
appointing the Chairperson.
6.2 The Secretary
shall be a management-appointed non-member of the council.
6.3 Duties of
officers and members shall be as attached.
7. Meetings:
7.1 Regular
meetings shall be held. At the first
meeting of each term, council shall determine a calendar of dates of regular
meetings for the term.
7.2 A special
meeting shall be held when required by the chairperson or the Chief Executive
or a majority of the employee representatives.
7.3 Quorum - The
following number of members shall constitute a quorum:
(1) Management
members - one, being the manager with authority to make decisions relating to
the agenda items.
(2) Employee
representatives - three.
8. Agendas:
8.1 Any council
member may submit agenda items.
8.2 The management
members shall submit as agenda items all-important matters requiring management
decisions that would have an effect on works employees.
8.3 Appropriate
information shall be provided with each agenda item submitted.
8.4 Matters raised
without notice (i.e., non-agenda items) shall be deferred to the next meeting
if any council member requires additional information or needs to consult with
their constituency.
8.5 A special
meeting of the council can be convened on 5 days notice when convened by more
than five members of the council.
8.6 Only those
issues identified when the special meeting was convened can be considered at
the meeting.
9. Attendance of
Non-members:
The Chairperson or Chief Executive or a majority of
members may invite to a meeting any person with special knowledge of the matter
under consideration.
10. Records of Meetings:
10.1 Minutes shall
be circulated to council members for verification prior to posting on notice
boards. Every effort shall be made to
have minutes published within one week of the meeting.
10.2 Information -
The minutes shall include:
Attendees at the meeting.
Summary of the issues and alternatives proposed.
Decision made and time frame for implementation of
decisions.
Time frame for consideration of deferred decisions.
10.3 Management
shall keep a master file of all minutes.
11. Representative
Communications:
Employee representatives shall be given reasonable
opportunity during working hours to communicate with their constituencies. Inter-section courtesy and common sense
should prevail.
12. Non-victimisation:
The position of employees shall not be prejudiced by
their role as representatives.
13. Amendment of
the Constitution:
13.1 The
constitution may be altered yearly.
13.2 Proposed
changes shall firstly be referred to the Chief Executive and then referred to
the Consultative Committee for consideration and ratification.
13.3 Proposed
changes in accordance with subclause 13.2 shall be advised by notice board one
week prior to implementation.
14. Objectives:
Improve quality standards of goods and/or services.
Increased productivity, which will lead to an increase
in real wages.
Reduction in wastage, which will lead to an increase in
real wages.
Reduction in occupational injuries.
Increased job satisfaction and improved working
conditions.
Reduction in absenteeism and/or labour turnover.
Become a world class competitive organisation.
Improve responsiveness to customer needs.
Improve use of existing technology, skill acquisition
and training.
Develop Enterprise Agreement for consideration by the workforce
by 22 November 1994.
Review and monitor the operation of the enterprise
award.
Confidentiality:
All members of the Consultative Committee and the Secretary
shall accept that, whilst the spirit of genuine consultation is to be
paramount, at no time shall the committee have placed before it any matter, the
confidentiality of which is in the Company's best interests, or where
confidentiality has been specifically agreed with a third party.
The Chairperson's Duties:
The Chairperson's role is crucial to the success of the
meeting.
There are many skills common to the chairmanship of any
meeting:
(1) To understand
the format and distinctive stages of the meeting.
(2) To be familiar
with the agenda and come to the meeting prepared. Indicate the items of business on the agenda as being either
"for information", "for discussion" or "for
decision"
(3) To liaise with
the committee Secretary in preparing for the meeting.
(4) To open the
meeting and follow the agenda.
(5) To maintain the
meeting in order by encouraging participation and leading the meeting.
(6) To ensure that
if the previous minutes require amendment prior to their confirmation that
these alterations are made prior to signing the minutes.
(7) To allow all
members of the committee to put their points of view.
(8) To close the
meeting and make known the date, time and place of the next meeting.
(9) To liaise with
the Secretary after the meeting and prepare the minutes of the meeting.
The Secretary's Duties:
The Secretary's role is also critical to the success of the
meeting. The Secretary will need to
have good organisation skills in order to prepare for the meeting
beforehand. Some clerical skill will
also be necessary for preparing minutes; however, back up in this area should
always be available from various people within the organisation.
Essentially, the duties of the Secretary are as follows:
(1) Prepare the
agenda of the meeting.
(2) Prepare the
meeting room with all the necessary items, eg, pens, paper, seating
arrangements, etc.
(3) Keep the
Chairperson informed of any matters relating to the committee.
(4) Keep records
of all meetings by maintaining a file of all minutes.
(5) Keep records
of all correspondence both outward from the committee and inward to the
committee.
(6) Prepare the
minutes of the meeting in consultation with the Chairperson. The minutes must
include the following:
Time and date of the meeting, where it was held and who
chaired it.
Names of all present and apologies received.
All agenda items discussed and all decisions made. If action was agreed on, record the name of
the person responsible for carrying it out.
The main arguments leading to decisions. It is often best to record the various
relevant points without specifying who made them.
The time at which the meeting ended.
The date, time and place of the next committee meeting.
(7) To circulate
copies of the draft minutes to all committee members and to the Chief Executive
within one week.
(8) To assist in
publicising the work of the committee.
The Committee Members' Duties:
(1) To attend the
meeting and be present a few minutes before the time stated on the agenda.
(2) To forward
apologies to the Secretary if unable to attend the meeting.
(3) To come to the
meeting prepared, having read the minutes of the previous meeting.
(4) To study the
agenda beforehand and be prepared with notes to make contributions briefly,
clearly and perhaps with instructions on matters affecting him/her or those
he/she represents.
(5) To present the
view and opinions of those people he/she represents and not just his/her own
opinions.
(6) To speak on
the basis of facts presented and not on the basis of preconceived ideas not
based on facts.
(7) Seeking the view
of constituents on issues to be discussed by the committee.
(8) Encouraging
and assisting constituents to submit agenda items.
(9) Providing
explanations of items recorded in the minutes.
ATTACHMENT C
BONUS SCHEMES
The parties are jointly committed to a reduction of wastage
at Multi-Fill.
Wastage levels have been identified:
Concentrate - 3 per cent loss.
Packaging materials, e.g., cans, caps and valves - 0.5
per cent loss.
Propellant - 3 per cent loss.
Wastage levels will be reviewed on a monthly basis to assess
whether the wastage levels have been achieved.
Productivity bonuses will be paid to all employees on a quarterly cycle,
determined as follows:
Scheme A - If
wastage levels are achieved, a productivity bonus will be calculated as set out
below:
Number of months
|
|
Hours worked
|
wastage levels achieved
|
76
|
during period by employee
|
-----------------------------------------------------
x -- x
---------------------------------------------------
|
No. of months in period
|
2
|
Ordinary production hours
|
|
|
available during period
|
Equals - Productivity bonus will be expressed as ordinary
hours at normal rates of pay.
Scheme B - The savings
resulting from any improvements on these wastage levels will be calculated by
the Company and 50 per cent of the savings will be distributed as follows:
Hours worked during period per employee
|
Additional savings expressed in $
|
----------------------------------------------------------
----------------------------------------
|
Production hours available during period
|
x 1
|
Equals - Productivity bonus expressed in dollar terms.
Note: Wage increase incentives are applicable to all
permanent full-time and part-time employees.
The parties to the award are committed to further improvements.
ATTACHMENT D
DISCIPLINARY POLICY AND PROCEDURE
Objective:
(1) To ensure that
all matters relating to employee work performance and conduct are dealt with
promptly, investigated thoroughly, considered reasonably and are handled fairly
and consistently.
(2) To encourage
and improve employee work performance and conduct. Definitions - Unsatisfactory work performance is failure to
perform the requirements of a position at an acceptable standard or level of
competence.
Examples of unsatisfactory work performance may include
unsafe work practices, excessive absenteeism or lateness, low productivity or
inefficiency, negligence or unco-operative behaviour.
Unsatisfactory conduct is failure to observe Company
policies and procedures. The Company
regards the following actions as constituting serious misconduct and justifying
instant dismissal: falsifying Company records, dishonesty, fighting,
drunkenness, being under the influence of or in possession of illegal drugs at
work, theft of Company property and wilful refusal of duty.
Procedure:
(A) Unsatisfactory
Work Performance or Conduct - In relation to instances of unsatisfactory work
performance or conduct the following procedure will be followed:
Step 1:
Counselling/Verbal Warning - This is an opportunity to
bring the performance or conduct which is unacceptable to the attention of the
employee concerned, to establish the reasons for the unacceptable behaviour and
to establish whether the Company can
provide any assistance to the employee to avoid further instances
occurring. During the initial
counselling session the immediate supervisor/manager should:
(a) Discuss the
unacceptable performance or conduct identified with the employee and outline the standard of work
performance or conduct which is required.
(b) Give the
employee an opportunity to respond to the allegations made and provide an
explanation. (If the explanation given
is justifiable, no further disciplinary action should be taken.)
(c) Agree on
specific action to be taken to remedy the situation and set a date for review.
(d) Warn the
employee that failure to improve will result in further disciplinary action
being taken.
The counselling/disciplinary interview record should be
completed and kept on the employee's file.
Step 2:
First Written Warning - If by the review date established
in the initial counselling session the employee's work performance or conduct
has not improved, a second interview should be arranged which may lead to a
first written warning being issued.
Following authorisation from the one-up supervisor/manager,
the immediate supervisor/manager should:
(a) Restate the
unsatisfactory work performance or conduct identified.
(b) Restate the
agreed corrective actions identified at the previous session, including
establishing a date for review.
(c) Give the employee
an opportunity to defend himself/herself against the allegations made. (Again, if the explanation is satisfactory,
no further disciplinary action should be taken.)
(d) If the
employee's explanation is not acceptable, indicate to the employee that he/she
is to be issued with a first written warning.
(e) Agree on
specific action to be taken to remedy the problem and set a date for review.
(f) Warn the
employee that failure to improve will result in further disciplinary action
being taken which could ultimately lead to dismissal.
The counselling/disciplinary interview record should be
completed and kept on the employee's file.
Once the written warning is completed and authorised by the one-up
supervisor/manager, it should be signed by all parties (including
witnesses). The employee should be
issued a copy in the presence of a witness and informed that it will be
recorded on his/her record.
Step 3:
Final Written Warning - If by the review date
established in the second interview session the employee's work performance or
conduct has still not improved, another interview should be arranged which may
lead to a final written warning being issued.
Following authorisation from the one-up
supervisor/manager, the immediate supervisor/manager should:
(a) Again restate
the unsatisfactory work performance or conduct identified and refer to previous interview sessions, including the
agreed corrective actions and review
date set.
(b) Give the
employee an opportunity to defend himself/herself against the allegations made.
(Again, if the explanation is satisfactory, no further disciplinary action
should be taken.)
(c) If the
employee's explanation is not acceptable, indicate to the employee that he/she
is to be issued a final written warning.
(d) Agree on specific
action to be taken to remedy the problem and set a date for review.
(e) Warn the
employee that failure to improve will result in dismissal.
The counselling/disciplinary interview record should be
completed and kept on the employee's file.
Once the final written warning is completed and authorised by the one-up
supervisor/manager, it should be signed by all parties (including
witnesses). The employee should be
issued a copy in the presence of a witness and informed that it will be
recorded on his/her record.
Step 4:
Termination - If the employee's performance does not
improve to an acceptable standard or there is a repeated occurrence of the
unacceptable conduct identified, a further interview should be arranged,
subject to the approval of the Company's Chief Executive, Operations Manager or
Company Director, which may lead to dismissal.
The supervisor or manager should:
(a) Advise the
employee of the reason for the proposed dismissal.
(b) Discuss the
employee's employment history, including record of prior counselling sessions,
warnings, etc.
(c) Ensure the
employee has had an adequate opportunity to defend himself/herself.
(d) Explore whether
any reasonable alternatives to termination exist.
If the decision is made to dismiss the employee, the
employee must be provided with written advice of the termination of his/her
employment with the Company and the effective time and date. If the employee requests that the reason for
termination is given in writing or a certificate of employment identifying the
period of employment and duties performed, such documentation should also be
provided.
(B) Serious
Misconduct - As soon as an instance of serious misconduct comes to the
attention of the immediate supervisor/manager, the following procedures will be
followed:
Step 1
Investigate fully all circumstances surrounding the
alleged misconduct. This must include
interviewing any witnesses and reviewing the employee's employment record. Record all information received.
Step 2
If the investigations appear to substantiate the
allegations, interview the employee(s) concerned with a witness present. Ensure the employee is given clear details
of the allegations and is given the opportunity to explain or defend
himself/herself with the assistance of another person if requested.
Step 3
If the employee's defence or explanation cannot be
substantiated or is not acceptable and the serious misconduct substantiated by
witnesses justifies termination, the termination must be communicated to the
employee at the time of the termination.
Termination for serious misconduct does not require notice or
compensation in lieu of notice.
Terminations without notice must not be proceeded with unless authorised
by the Company's Chief Executive, Operations Manager or Company Director.
Step 4
If requested, the employee should also receive a
certificate of employment detailing their period of service and nature of
duties performance and a written reason for termination.
ATTACHMENT E
ATTENDANCE POLICY
The Company has a critical need for a reliable workforce and
highly values employees who regularly attend for work.
The Company expects every employee to report for work
punctually and regularly in order to meet the needs of its customers.
The Company's standard with respect to employee attendance
at work is as follows:
Days absent per annum
|
|
|
|
0-2
|
Good
|
3-5
|
Fair
|
6 and above
|
Unsatisfactory
|
This standard is a guide and individual circumstances such as
genuine illness will be taken into consideration where necessary.
The Company recognises that on occasions employees will be
absent for reasons of illness or other unavoidable emergency situations.
Employees are required to provide a satisfactory reason for
all absences. Employees having absence-related personal problems or concerns
should approach their immediate supervisor/manager, as the Company may be able
to assist.
Sick leave is an entitlement to protect employees
financially during unavoidable absences from work because of illness. Employees unable to attend work due to
illness or injury must contact the Company within a reasonable time of the
commencement of their absence and advise the reason and estimated duration of
such absence.
Consideration may be given to allowing employees to attend
doctors' appointments, solicitors and other similar matters of a personal
nature during working hours if necessary; however, every effort should be made
in the first instance to schedule such appointments outside working hours or on
scheduled flexidays.
Employees with unsatisfactory attendance will be advised
accordingly and, when necessary, counselled and disciplined in accordance with
the Company Disciplinary Policy and Procedure.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Classification
|
Rate Per Week
|
Multi-Fill
Responsibility
|
|
|
Allowance
|
|
$
|
$
|
Process Worker
|
443.25
|
40.00
|
Mixer
|
553.70
|
|
Quality Assurance
|
493.20
|
|
Cleaner
|
443.25
|
|
Fork-lift Drivers
|
551.50
|
|
Storeperson
|
551.40
|
40.00
|
Line Setters
|
544.90
|
|
Table 2 - Other Rates and Allowances
Item
|
Clause
|
Additional
Allowances
|
Multi-Fill
Allowance
|
No.
|
No.
|
|
|
1
|
-
|
First-aid Allowance*
|
11.60 per week
|
2
|
-
|
Boiler Allowance
|
8.10 per week
|
3
|
19
|
Meal Allowance
|
9.10 per meal
|
4
|
23
|
Laundry Allowance
|
5.00 per week
|
*Allowance to be paid by person(s) holding a recognised
first-aid certificate.
ATTACHMENT F
AWARD REVIEW VARIATIONS
Deleted Clauses:
2. Basic Wage
14. Wage
Increase
24. Attendants
Bonus
32. Signing and
Declaration
Remaining clauses are renumbered.
Inserted Clauses:
30. Anti-Discrimination
Attachment F - Award Review Variations
Variations to remaining clauses:
3. Relationship
to Parent Award
Updated Reference to Current Drug Factories (State) Award
4. Date and
Period of Operation
Clause amended to reflect that the award review is completed
and that the Award remains in force although the nominal term for the Award has
expired.
13. No reduction
in over award pay and conditions of employment for employees engaged prior to
September 1996.
Reference to existing employees amended to read
"employees engaged prior to 4 September 1996".
14. Classifications
and Remuneration
Removal of the words "for new employees".
Deletion of the first paragraph of the clause.
Deletion of the former paragraph (b) of the Clause.
Insertion of a new paragraph that reflects that the minimum wage
for all employees will not be lower than the wages provided in the Drug
Factories (State) Award.
15. Bonus
Schemes
Amended to reflect that two bonus schemes to reduce wastage
have already been implemented.
Part B
Monetary Rates
Table 1 updated
to reflect the rates currently paid on site
Table 2 updated
to reflect allowances currently paid on site
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.