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New South Wales Industrial Relations Commission
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MULTI-FILL PTY LTD ENTERPRISE AGREEMENT CONSOLIDATED AWARD 1995
  
Date06/14/2002
Volume334
Part2
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0770
CategoryAward
Award Code 1108  
Date Posted06/12/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1108)

SERIAL C0770

 

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.

 

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