GORDON AND GOTCH LIMITED - LAVINGTON ENTERPRISE AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1058 of 2001)
|
Before Commissioner
Patterson
|
11 July 2001
|
REVIEWED AWARD
PART A
Arrangement
PART A
Clause No. Subject Matter
1. Basic
Wage
2. Title
3. Parties
Bound and Scope
4. Juniors
5. Wages
6. Hours of
Work
7. Shift
Work
8. Rest
Period
9. Shift
Allowance on Annual Leave
10. General
Conditions
11. Settlement
of Disputes
11A. Anti-Discrimination
12. Labour
Flexibility
13. Right of
Entry
14. Area,
Incidence and Duration - Duration and Renegotiation of the Award
15. No Extra
Claims
16. Payment of
Wages
17. State
Personal Carer's Leave Case- August 1996
18. Bereavement
Leave
PART B
MONETARY RATES
Table 1 - Wages
PART A
1. Basic Wage
This award, in so far as it fixes rates of wages, is made by
reference and in relation to the adult basic wage as set out in Part B,
Monetary Rates. The said basic wage is subject to variation in accordance with
the provisions of subsection (2) of section 15 of the Industrial Relations Act 1996. Upon any such variation, rates of
wages prescribed by this award are subject to variation, pursuant to section 15
of the said Act, to the extent necessary to give effect to the change in the
said basic wage.
2. Title
This award shall be known as the Gordon and Gotch Limited -
Lavington Enterprise Award.
3. Parties Bound and
Scope
This award shall be binding on:
Gordon and Gotch Australia Pty Limited ACN 088 251 727 in
respect to its operations at Reiff Court, Lavington NSW 2641; and all employees
employed at the site in the classifications of:
Storeperson (probationary);
Storeperson;
Senior Storeperson;
Corrective Clerks;
Leading Hand; and
the National Union of Workers, New South Wales Branch.
4. Juniors
Juniors shall be entitled to the rate of wages as set out in
Table 1 - Wages, of Part B, Monetary Rates.
5. Wages
Weekly employees (adults) shall be entitled to the rate of
wages as set out in Table 1 - Wages, of Part B, Monetary Rates.
A 'Leading Hand', for the purpose of this award:
(a) shall be
appointed by management to assist in the good order of work flow in the
operating area by:
(i) receiving
instructions and allocating work flow to employees;
(ii) determining
shortages of labour or materials or equipment failures, and bringing any
deficiencies to management for consideration; and
(iii) assisting in
the proper delivery of training;
(b) shall advise
the supervisor where training fails or where a matter for discipline arises in
respect to employees under their control;
(c) shall give
advice to the employer or other staff to assist with good order and work flow;
(d) shall not
breach the confidence placed in them by fellow employees or management; and
(e) is appointed
on merit and skill, taking into account the following factors:
(i) clerical
aptitude;
(ii) supervisor
training undertaken;
(iii) work
performance and experience;
(iv) attendance;
(v) attention to
detail;
(vi) general
attitude to company standards; and
(vii) training and
education.
A 'Storeperson', for the purpose of this award:
(a) shall be
appointed by management to perform everyday warehouse duties by:
(i) receiving
instructions and following out those
said instructions;
(ii) ensuring all
company policies and OH&S regulations are adhered to; and
(iii) maintaining
good housekeeping in their departments;
(b) is appointed
on merit and skills, taking into account the following factors:
(i) competence in
all duties performed within the warehouse;
(ii) attendance;
(iii) general
attitude to company standards; and
(iv) flexibility to
be cross-skilled within the warehouse.
A 'Senior Storeperson', for the purpose of this award:
(a) shall be
appointed by management to assist in the good order of work flow in the
operating area by:
(i) receiving
instructions from Leading Hands and allocating work details to employees;
(ii) maintaining a
good work flow in the absence of Leading Hands;
(iii) ensuring all
company policies are adhered to, along with OH&S regulations;
(iv) being able to
complete tasks with limited supervision; and
(v) assisting in
proper delivery of training;
(b) is appointed
on merit and skill, taking into account the following factors:
(i) work
performance and experience;
(ii) attendance;
(iii) general
attitude to company standards;
(iv) training and
education; and
(v) people management
skills.
6. Hours of Work
(1) The ordinary
hours of work, exclusive of meal times, shall average 38 per week Monday to
Friday, worked as follows:
(a) Ordinary
hours, except shifts, will be between the span of hours 6.00 a.m. to 6.00 p.m.
(b) Once having
been fixed, the times for commencing and finishing work shall not be altered
without seven days notice to employees concerned or by mutual agreement.
7. Shift Work
'Early Morning Shift' means any shift commencing at or after
4.00 a.m. and before 6.00 a.m.
'Afternoon Shift' means any shift finishing after 6.00 p.m.
and at or before midnight.
'Night Shift' means any shift finishing after midnight and
before or at 8.00 a.m.
Half an hour shall be allowed to shift workers each shift
for a meal break, which shall not be counted as time worked. Averaging Shift
Penalties:
(1) Where an
employee rotates between night, afternoon, early morning shift and day work on
a regular basis over a work cycle, the shift penalties may be averaged to a
weekly basis of 7.5 per cent.
(2) Shift
penalties are only applicable for shifts actually worked. Crib Time During
Overtime: An employee working overtime shall be allowed a crib of 20 minutes
without deduction of pay where time exceeds five hours from the last meal break
if the employee continues work after crib time.
8. Rest Period
All employees shall be allowed a ten-minute rest break
during the first work period and a ten-minute rest break during the second work
period. Such time shall be counted as time worked.
9. Shift Allowance on
Annual Leave
In addition to the 17.5 per cent loading prescribed,
employees engaged on shift work shall also receive their average shift
penalties whilst on annual leave. Employees who work part of a year on shift
work shall receive the appropriate average shift penalty for the relevant
portion of their annual leave.
10. General
Conditions
There shall be provided a sufficient supply of boiling
water, coffee, tea, sugar, milk and lockers at meals for all employees and an
adequate supply of fresh cold water for drinking purposes shall be supplied on
the job.
11. Settlement of
Disputes
The parties to this award are committed, wherever possible,
to resolving industrial disputes and grievances by non-industrial action and
will use the following Settlement of Disputes procedures as the terms of
avoiding and resolving industrial disputes and grievances:
(1) Where an
employee has submitted a dispute or grievance concerning any matter directly
connected with employment or job conditions to a senior storeperson or more
senior representative of Management and has not received satisfaction, the
employee may refer the matter to the Grievance Committee and/or shop steward.
(2) The matter
shall be discussed between the Grievance Committee and/or shop steward and the
shift Supervisor. Where appropriate, the Grievance Committee and/or shop
steward can cause the matter then to be raised with the Branch Manager for
investigation and/or recommendation and may also cause the matter to be raised
with the Union Organiser.
(3) If the matter
is not settled, it shall be referred by either the Branch Secretary (or
nominee) or the employer concerned, to a dispute committee for settlement.
(4) If the matter
is still not settled, it shall be referred to a member of the Industrial
Relations Commission of New South Wales whose decision shall, subject to any
appeal in accordance with the Act, be final and shall be accepted by the
parties.
(5) Until the
matter is determined and, except in the case of a bona fide safety issue, work
shall continue normally where it is agreed that there is an existing custom
but, in other cases, the work shall continue as instructed by the employer.
11A.
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 efforts. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act
1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
12. Labour
Flexibility
(1) For the
purpose of increasing labour flexibility and productivity, as well as enhancing
career opportunities for employees, multi-skilling will be utilised in all
sections of the enterprise within the scope of the employee's skills,
competence and safety constraints.
(2) Discussions
shall take place at the enterprise with the view to reaching agreement for
employees to perform a wider range of tasks and participation in employees'
additional training.
(3) Employees
shall perform such work as is reasonable and lawfully required of them by the
employer, including accepting instruction from authorised personnel.
(4) Employees
shall comply with all reasonable requests to transfer or to perform work
provided by this award.
(5) Employees
shall take all reasonable steps to ensure the quality, accuracy and completion
of any job or task assigned by the employer.
(6) Employees
shall not impose any demarcation barriers between any area of the site or duty
performed covered by this award, provided that the work lies within the scope
of the skill and competence of the employee concerned.
(7) Employees shall
not unreasonably impose any limitation on supervisors, leading hands or
technical personnel demonstrating the use of new equipment or machinery,
provided that the appropriate consultation in relation to the introduction of
new technology has taken place.
13. Right of Entry
The Secretary or Branch Secretary of the Union or any person
authorised by the Union shall have the right to enter any factory or workplace
for the purpose of interviewing and conversing with employees during the lunch
hour or non-working time. At such entry, the Union official shall make his/her
presence known to a representative of management. Before any official exercises
this provision, he/she shall contact a representative of management to arrange
a mutually suitable time for entry.
14. Area, Incidence
and Duration- Duration and Renegotiation of the Award
14.1 This award
shall come into force on 11 July 2001 and remain in force for a minimum of 12
months. This award replaces the Gordon and Gotch Limited - Lavington Enterprise
award published 3 May 1996 (292 I.G. 374) as varied.
14.2 The review may
cover all matters raised in discussions including, but not limited to, rates of
pay, productivity improvements, measurement of productivity improvement and
efficiency measures.
14.3 The parties to
this award agree that enterprise bargaining shall be an ongoing process aimed
at improving the operational efficiency of the business and improving the
working conditions of the employees.
15. No Extra Claims
It is acknowledged that negotiation for a new agreement will
commence in February 2002, and that no further claim will be served on the
company by the Union or employees prior to that time.
16. Payment of Wages
(1) Wages shall be
paid no later than Tuesday of each week by electronic funds transfer into each
employee's nominated bank account.
(2) Except as
otherwise provided for in this clause, no employer shall hold more than one
day's wages in hand.
(3) The method of
payment may be varied by mutual agreement between the employer and a majority
of employees.
17. State Personal
Carer's Leave Case - August 1996
17.1 Use of sick
leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 17.1(c)(ii) 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, 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 case 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 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 paragraph:
(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 date of absence.
17.2 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 17.1(c)(ii) above who is ill.
17.3 Annual leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944 (NSW), 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 17.3(a) above, 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.
17.4 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 twelve
(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 17.4(a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with paragraph 17.4(a), the employee shall be
paid overtime rates in accordance with the award.
17.5 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.
17.6 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 the 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.
18. Bereavement Leave
18.1 An employer
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in 18.3 below.
18.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
18.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 17.1(c)(ii), provided
that for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
18.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
18.5 Bereavement
leave may be taken in conjunction with other leave available under 17.2, 17.3,
17.4, 17.5 and 17.6 of this award. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
PART B
MONETARY RATES
The rates at pay in this award include the adjustments
payable under the State Wage Cases of June 1998, 1999, 2000 and 2001, as
detailed below. These adjustments may be off set against:
(a) any equivalent
over award payments, and/or
(b) award wage
increases and including 29 May 1991 other than safety net, State Wage Case and
minimum rates adjustments.
Table 1 - Wages
(1) Weekly
employees (adults) shall be entitled to the following wages per week:
|
Effective Date
|
Storeperson
|
Storeperson
|
Senior
|
Warehouse
|
Leading
|
|
|
(Probationary)
|
|
Storeperson
|
Correction Staff
|
Hand
|
|
As at the date of
|
|
|
|
|
|
|
the order (SWC
|
|
|
|
|
|
|
increases until
|
|
|
|
|
|
|
2000)
|
$431.70
|
$478.35
|
$499.35
|
$511.55
|
$526.55
|
|
12 months after
|
|
|
|
|
|
|
the date of the
|
|
|
|
|
|
|
order (2001
|
|
|
|
|
|
|
SWC increase)
|
$444.70
|
$491.35
|
$514.35
|
$526.55
|
$541.55
|
(2) Juniors shall
be entitled to the following percentage of the adult weekly rate:
(i) During
probation period of three months - Percentage of probationary storeperson's
adult wage
|
At 17 years of age and under
|
55
|
|
At 18 years of age
|
67.5
|
|
At 19 years of age
|
80
|
|
At 20 years of age
|
92.5
|
|
At 21 years of age
|
Full adult wage
|
(ii) After three
months probation period - Percentage of storeperson's adult wage
|
At 17 years of age and under
|
70
|
|
At 18 years of age
|
80
|
|
At 19 years of age
|
92.5
|
|
At 20 years of age
|
Full adult wage
|
R. J. PATTERSON, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.