BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(944)

SERIAL C0918

3M PHARMACEUTICALS (THORNLEIGH) CONSENT AWARD 1997

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.

(No. IRC 804 of 2001)

Before the Honourable Justice Kavanagh

1 June 2001

reviewed award

1. Title

This Award shall be known as the 3M Pharmaceuticals (Thornleigh) Consent Award 1997

2. Arrangement

Clause No. Subject Matter

3 Incidence of Award and Parties Bound

4 Purpose and Applications

5 Structural Efficiency/Improved Productivity

6 Rates of Pay

7 Classifications

8 Reclassification to a Lower Grading

9 Payment of Wages

10 Hours of Work

11 Shiftwork

12 Overtime

13 Wash-Up Time

14 Attendance Records/Timekeeping

15 Grievance Procedure

16 Disciplinary Procedure

17 Meal Breaks/Tea Breaks

18 Personalised Work Schedule

19 Termination of Employment

20 Abandonment of Employment

21 Redundancy

22 Union Membership

23 Conditions of Employment

24 Stand-Downs

25 Work Safety

26 Occupational Health and Safety

27 Protective Clothing and Equipment

28 Uniforms

29 Public Holidays

30 Leave

31 Personal/Carers Leave

32 Long Service Leave

33 Maternity Leave

34 Paternity Leave

35 Adoption Leave

36 Compassionate Leave

37 Jury Service/Crown Witness

38 Repatriation Allowance Attendance

39 Blood Donors

40 Civil Emergencies

41 Military Leave

42 Superannuation

43 Leave Reserve

44 Definitions

45 Anti-Discrimination

3. Incidence of Award and Parties Bound

This Award shall apply to employees covered by the Drug Factories (State) Award and the Storemen and Packers - Wholesale Drug (State) Award and employed by 3M Pharmaceuticals Pty., Ltd., 9 - 15 Chilvers Road, Thornleigh (hereinafter referred to as "the Company") and The Australian Workers Union, New South Wales Branch, 16-20 Good Street Granville and the National Union of Workers, New South Wales Branch, 3 - 5 Bridge Street, Granville, (hereinafter referred to as "the Unions").

The Award shall be binding upon:

3M Pharmaceuticals Pty., Ltd., 9 - 15 Chilvers Road, Thornleigh, N.S.W. 2120;

The Australian Workers Union, New South Wales, its officers and members employed at 3M Pharmaceuticals Pty., Ltd., 9 - 15 Chilvers Road, Thornleigh, N.S.W. 2120; and,

The National Union of Workers, New South Wales Branch, its officers and members employed at 3M Pharmaceuticals Pty., Ltd., 9 - 15 Chilvers Road, Thornleigh, N.S.W. 2120.

The Award shall replace the terms and conditions of the Drug Factories (State) Award and the Storemen and Packers - Wholesale Drug (State) Award, in so far as the said awards are relevant to 3M Pharmaceuticals Pty., Ltd.

The award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces 3M Pharmaceuticals (Thornleigh) Consent Award 1997 published 26 February 1999 (308 I.G. 483).

The award published 26 February 1999 took effect on and from 21 November 1997.

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 1 June 2001.

This award remains in force until varied or rescinded, the period of which it was made having already expired.

4. Purpose and Applications

The purpose of this Award is to provide a guaranteed rate of wages and a satisfactory level of working conditions during its currency, to promote industrial peace and continuity of production and to provide a means of settling disputes.

On issues where this Award is silent and which need to be addressed during the term of the Award, the negotiation team shall reconvene to discuss the issue and decide appropriate action, including reference to the Parent Awards. Decisions made at this time shall be in good faith and be documented for the next Award.

This Award is entered into by the Company and the Unions party thereto on the basis of providing a guide for the conduct of everyday relationships between the Company and its employees, and who will accept and honour the full terms of the Award during its currency.

The Company recognises and affirms that its employees are entitled to fair treatment by Management in their mutual efforts, and in return, the Company expects a reasonable output of work. It also affirms that its employees are entitled to the protection of a safe working environment and the parties acknowledge that safe working conditions are essential and benefit both the Company and employees.

The parties to this Award recognise that the welfare of employees and opportunity to earn a living depends upon the success and prosperity of the Company. Employees will, therefore, perform their work efficiently, to the best of their ability and will co-operate with the Company in actions which will result in better and more efficient operations so that the Company may adequately meet competitive conditions and provide on-going employment and improved conditions for employees.

5. Structural Efficiency/Improved Productivity

Undertaking

The parties to this Award agree to co-operate to ensure that measures to meet the competitive requirements of enterprises are positively examined and implemented in the interests of both management and employees.

The purpose of this principle is to facilitate a fundamental review of the Company’s operation to ensure that existing structures and practices are relevant to the modern competitive requirements of the industry and are in the best interests of both management and employees.

Core Skills

Each employee shall have a designated core skill. Job grades shall range from Level A - new employee to Level D - highly skilled employee. As an employee’s competencies increase in their core skill, opportunities to become skilled in additional areas may arise.

To ensure uniformity of application, a committee shall be formed to handle skill assessment or training grievances. The composition will be the union delegate for the employee’s core position, a representative from Human Resources and a manager from outside the area concerned. The committee shall convene only as required and accept submissions from relevant parties as a means of assessing grievances.

Notwithstanding the above, assessment on the progress of employee training shall be undertaken by the employee’s supervisor. Tests for skill competency shall be at the request of a supervisor.

Gradings are not confidential.

For ‘A’ level employees appraisals will be done within a 6 month period, for ‘B’, ‘C’ and ‘D’ level employees, appraisals will be done within a 12 month period.

Multi-skilling

Multi-skilling is defined as the result of increases in skills that are additional to the job. These will allow employees to perform whole tasks as long as it is safe, legal and reasonable to do so, and the individual is competent.

Multi-skilling principles are designed to ensure fair acquisition and distribution of skills amongst the workforce. These principles originated in the joint Union and Management Multi-skilling Committee. They are as follows:

* Management shall assess the workforce needs. All skill vacancies shall be advertised within the plant. These vacancies shall be shown as multi-skilling vacancies. Interested applicants, who must be C grade in their core skill, may apply for such vacancies by completing a written application and will then be interviewed.

* An employee may not undertake training in a further skill until they have attained grade C in their additional skill.

* Once an employee has completed the training period to gain additional skills, these skills shall be used upon direction by the Company.

Additional skills are those which have been identified and are used as such. The existing practise of utilising employees to paint or work at odd jobs when production is slow, shall not be recognised as a category in multi-skilling.

Should an employee withdraw from training in an additional skill further training in other skills will not be guaranteed, depending upon the reason for the withdrawal from training.

The Company undertakes to make payment for skills acquired. While under training in a second skill, the employee shall be paid as level B for that skill.

Multiskill level/s will be reviewed at the same time as the core skill grading.

To retain the multiskill competency level, employees are expected to work approximately 10 hours per month in their multiskill area/s. It is up to the employee to seek his or her 10 hours multiskill per month. This should not be left to the company management to determine. The employee is responsible for establishing and maintaining a log book which will be used to document the dates and times worked in the multiskill area and signed by the appropriate Team Leader or Supervisor at the time. (The employee is to have the supervisor sign at least monthly).

In cases where multiskill is being applied at work less than 60 hours over a 6 month period, the employee’s Supervisor will review with management to determine whether continuance of the multiskill allowance is applicable (if the total hours are between 55 to 60 hours over this 6 month period, management will review exceptional circumstances).

Job Rotation

The Company agrees to the principle of job rotation, in core job, to increase employee skills and work opportunities and to reduce boredom and discomfort, with the aim of improving overall production efficiencies.

Demarcation of Work

The Company agrees to provide or otherwise facilitate access to training activities and the employees agree to undertake tasks falling outside traditional classification boundaries. Following training employees agree to rotation of jobs in Manufacturing, Packaging, Warehousing/Distribution and Maintenance. There shall be no demarcation between equipment or tasks to ensure flexibility.

Where there are ongoing needs for people to perform tasks that fall outside their normal skill base, this would indicate a need for an additional multi-skill position.

The Company may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this Award.

Self Managed Teams and Peer Reviews

During the period of the Consent Award, self managed teams and peer reviews will be implemented. Peer reviews will cover gradings, recruitment and selection. The process and tools to achieve this will be agreed upon during the Consent Award period.

6. Rates of Pay

The ordinary rate of pay applicable to employees will be those contained in the attachments of this Award.

The hourly rate will be determined by the weekly rate of pay and divided by 38.

Productivity Indices

The parties agree that future wage rises will be self funded and supported by increases in productivity. The indices are to be reviewed and paid six monthly.

Indices to be measured are as follows;

Consent Award Indices

(a) Safety

A 0.5% increase in base pay is payable when 10% annual improvement (calculated 6 monthly) on lost time and referred doctor is achieved.

(b) GMP

A 0.5% increase in base pay is payable when there are no operator caused products recalls and that all operator related non conformance reports are completed in agreed timeframe.

Changeover supervisor to review standard changeover times before start of Agreement, and completion of each 6 month period.

A 0.5% increase in base pay is payable when a 10% improvement against the standard time is achieved.

To calculate the performance a minimum of 95% of changeover timesheets will be used. If there are not sufficient timesheets submitted then the standard time from the previous period will be used to calculate the performance for outstanding changeover sheets.

(d) Warehouse Despatch

For achievement of on time despatch of 97% orders in 2 days the following increase will apply to the base rate of pay:

0.2% increase for 4 out of 6 months.

0.4% increase for 5 out of 6 months.

0.6% increase for 6 out of 6 months.

(e) Warehouse Errors

A 0.4% base pay increase for achieving the following targets in the reduction in customer credits caused by warehouse errors.

Target 1: maximum 78

Target 2: maximum 62

Target 3: maximum 50

Target 4: maximum 40

If 2 or more targets are achieved in any one period, a pay increase of 0 .8% will be paid and for the next period the new target will be the one that was not achieved.

If the above 4 targets are achieved, additional targets will be added using a 10% improvement performance ratio.

(f) Labour Variance

A 0.5% increase in base pay for a 380 hour favourable labour variance and a 0.1% increase in base pay for each additional 100 hours. The variance will be calculated as the difference between the actual and standard time for the job.

The total actual hours for the month will be adjusted up to the target % of productive time for the period if a lower % is achieved before calculating the variance.

Target actual to available excluding multiskilling in non recording areas.

		Target 1	Target 2	Target 3	Target 4	Target 5	Target 6
Solids Mfg	1111	64	67	70	72	74	76
Packaging	1112	75	80	85	88	90	90
Compression	1113	98	98	98	98	98	98
Aerosols	1114	99	99	99	99	99	99
Liquids Mfg	1115	43	44	45	46	47	48

(g) Material Variance

A 0.5% increase in base pay for reaching the first target of $53,000 and a 0.1% increase for each additional $1,500 achieved reduction in wastage below this target.

The subsequent targets will be set by taking $5,000 below the achievement for which the last increase was granted and applying the above payment conditions.

The material variance shall be calculated as the difference in the theoretical usage and the actual usage of materials to produce the product.

(h) Maintenance

A 0.2% increase in base pay when preventative maintenance is more that 95% complete.

A 0.2% increase in base pay when work order completion rate to agreed time schedule is more than 90% complete.

Downtime

(i) 0.55% machine downtime on existing criteria

(ii) Establish base line for expansion of indices to include all maintenance related down time ie. Waiting time, electrical time and specialist service time.

First six month 0.2% if items i and ii are met.

Second six months improvement new base line per item ii by 10% 0.2% increase.

Third six month improve 2nd period by 10% 0.2% increase etc.

(i) An additional indice of total machine efficiency will be worked out and implemented during the life of this Agreement.

(j) Road Block Removal

For identifying, solving and implementing roadblock solutions a one off bonus is payable per solution, the amount being a portion of the value of savings achieved. This bonus will be split amongst everyone in the Award for the 6 month period of the Consent Award in which the road block was achieved. Bonus payments for part-time and casual employees will be on a pro-rata basis.

(k) Safety Net

For each 6 month period, the minimum payment shall be 2% (which for the first half of the Agreement includes any road block bonus payment).

If during the life of this agreement the total productivity gains do not exceed 6.3% (which is 50% of the value of the safety net of 12.6%), the Company has the right to have the safety net equivalent to CPI level or maintained at 2% for the next Agreement.

(l) Allowances

All allowances shall be fixed for the term of this Award.

The application of an employee’s allowance/s will be reviewed at the same time as the core skill grading. To retain their allowances employee’s performance will be measured against the particular job description (eg. Team Leader, Technical Trainer etc).

For the fork lift allowance, boiler allowance and first aid allowance, employees are responsible for establishing and maintaining a log book which will be used to document the dates and times of when they apply their skills. It is up to the employee to seek his or her application of their additional skills. This should not be left to management. The log book is to be signed by the appropriate Team Leader or Supervisor. If the skills are not applied consistently over a six month period, the employee’s Supervisor will review with management to determine whether payment of the allowance should be continued.

The allowances recognised by the parties are as follows:

Education Allowance - An amount of $22.00 per week, for each year of a successfully completed approved TAFE course. To enable easy calculation of this clause 216 hours per year will be taken as the average 1 year course. Part year courses shall be to this figure, based upon number of class hours. For the purpose of this clause approved courses are as follows:

- Pharmaceutical and Cosmetic Technology

- Production and Inventory Management

- Quality Control

- Total Quality Control

- Value Analysis

- Applied Industrial Electronics

- Fitting and Machining, Toolmaking

Other courses may be deemed appropriate following discussions between the parties during the life of this Award.

To be eligible for the education allowance Management approval is required prior to commencement.

First Aid Allowance - An employee who is trained in First Aid at Company request and appointed by the Company as a First Aid Attendant shall be entitled to an allowance of $11.00 per week.

Where an employee is specifically designated to be in charge of a First-Aid room (usually during the absence of the Safety Officer), an allowance of $11.00 per day shall be paid. It is expected this person shall be a qualified nurse.

Fork Lift Allowance - Where an employee holds a forklift licence and is expected to use this, an allowance of $5.50 per week shall be paid. This does not include Warehouse employees.

Multi-skilling Allowance - For each recognised additional skill an allowance shall be paid, based on the employee’s level of competency in that additional skill. The rates shall be:

level A/B = $33 per week

level C = $44 per week

level D = $55 per week

Shiftwork Allowance - Employees who work outside Group A span of hours shall be paid a shift allowance of $2.20 per hour.

Where an employee works a permanent afternoon shift the payment will be made for the total shift.

Team Leader Allowance - Employees engaged as a team leader, in accordance with the job description, will be entitled to an allowance of $30 per week.

Tool Allowance - Qualified Fitters, working in accordance with the fitters job description, will be entitled to a tool allowance of $16.50 per week.

Boiler Allowance - Employees who are recognised as performing the boiler attendant duties will be paid $16.50 per week.

Technical Trainer Allowance - Employees working in accordance to the Technical Trainer job description will be entitled to an allowance of $30.00 per week.

The objective of this allowance is for the Technical Trainer to impart knowledge and skills to co-workers and new employees.

* High level of expertise in their core skill (at least grade C level).

* Provide on the job skills training for new employees, multi-skill employees and refresher training for people within the particular area.

* Work with Team leaders, whose role is to co-ordinate the training requirements of their area.

* Must hold accredited train-the-trainer qualification (course to be done in own time, fees and associated costs reimbursed).

* This allowance is on application only (finite number of Technical trainers) depending on business requirement (eg., compounding, line service).

This does not mean the teams should not help train others on the day-to-day activities in their own area.

To retain the Technical Trainer allowance, employees are expected to work approximately 10 hours per month in their technical training. It is up to the employee to seek his or her 10 hours technical training skill per month. This should not be left to the company management to determine. The employee is responsible for establishing and maintaining a log book which will be used to document the dates and times worked in technical training and signed by the appropriate Team Leader or Supervisor at the time. (The employee is to have the supervisor sign at least monthly).

In cases where technical training is being applied at work less than 60 hours over a 6 month period, the employee’s Supervisor will review with management to determine whether continuance of the Technical Trainer Allowance is applicable (if the total hours are between 55 to 60 hours over this 6 month period, management will review exceptional circumstances).

7. Classifications

For the purpose of defining appropriate levels of wages and in consequence of restructuring, the parties agree that each position on site covered by this Award will be allocated into an appropriate grade of the classification scale, as contained in the attachment of this Award. This has been done by a committee comprised of employees and management.

Once a position has been graded on the relevant scale, it shall only be altered at the time of re-negotiation of the Award.

Job classifications are attached.

Existing Position (With Award)	New Position
Manufacture items for aerosol packs	Aerosol Operator
Tablet Compressing	Compression
Manufacturing complex pharmaceuticals involving
a chemical change.	Liquids Compounder
Pill making	Solids Compounder
Machine Attendant	Label Room Operator
Storeman and Packer	Storeperson
Machine Attendant	Packaging Operator
Machine Attendant	Line Service Person
Cleaner	Cleaner
Boiler Attendant/employee engaged directly assisting
workmen whose margins are $4.60 or more.	Engineering Assistant
Fitter	Fitter

8. Reclassification to Lower Grading

With the following exceptions, an employee being reclassified to a lower grading shall continue on his/her current rate until such time as the rate for the new classification equals the rate being received. Such overpayment involved shall, for the time taken for it to be absorbed be considered as a "personal over-payment". It will not entitle any other person who works in that job, either temporarily or permanently, to that particular rate.

Exceptions -

Disciplinary reasons.

Inability or incompetence to do the job.

Employee’s request for change to a lower grade in their existing core or multiskill job.

Reversion after acting in temporary capacity.

9. Payment of Wages

The parties agree that it shall be a condition of employment of all employees under this Award that wages and allowances of the employee shall be paid by electronic funds transfer.

Management undertakes for these payments to be made weekly in sufficient time for the normal Thursday pay day. Where an employee has their wages paid into the 3M Credit Union, all practicable attempts will be made to have these wages available Wednesday afternoon.

Base salary increases will be paid the following pay week at the end of each 6 month period.

10. Hours of Work

The parties agree there shall be two span of hours, based on production requirements and employee’s own choice. There is also a third group to cover special circumstances.

Group A - The ordinary working hours are an average of 38 per week, to be worked between the hours of 6.00am to 6.00pm Monday to Friday. This shall apply to employees working a personalised work schedule.

Group B - The ordinary working hours are an average of 38 per week, to be worked between the hours of 5.30am - 9.00pm. This shall be voluntary and include shifts of more than 8 hours per day and weeks of less than 5 days per week.

Group C - This group is for special cases where people need to work a different set of hours to the shifts above eg. light duties, educational courses.

This must be in agreement with management, the employee and the employee representative.

With the Company’s permission and following agreement with the majority of employees covered by this Award, summer starting and finishing times may be varied within the ordinary span of working hours.

Employees working in Group A shall work a maximum of 152 hours each 4 week period.

Within the limits prescribed in subclause (I) of this clause, the Company shall fix the starting and finishing times for the various employees. When set, these times shall not be altered without 7 days notice and following consultation with the relevant employees.

11. Shiftwork

The parties agree to the following shiftwork definitions:

Group A - Day work is a shift worked between the hours of 6.00am - 6.00pm.

Group B - Day work is a shift worked between the hours of 5.30am and 9.00pm.

The shift loading rate shall be calculated on the existing rate for the position with the following allowances which are applicable; education allowance, multi-skilling allowance, first aid allowance, forklift allowance, tool allowance, boiler allowance, team leader allowance and technical trainer allowance.

12. Overtime

The parties recognise that, in order to meet production requirements, employees may be required to work a reasonable amount of overtime.

Employees shall be paid for such overtime on the following basis:

(a) Double time for all overtime worked outside the ordinary hours on any day.

(b) A minimum of 1 hours overtime shall be offered to the employee when overtime is worked Monday - Friday. Where employees choose to work less than this time, they shall be paid for time worked.

(d) Where agreement is reached between the employee and his/her supervisor, in accordance with clause 16 (ii), no overtime shall be paid.

Overtime shall be calculated on the existing rate for the position held and any of the following allowances which are applicable; education allowance, multi-skilling allowance, first aid allowance, forklift allowance, tool allowance, boiler allowance, team leader allowance.

Casuals overtime shall be paid after 38 hours work in any 1 week.

Permanents will be given preference for overtime. It is up to the permanent employee to ask his/her supervisor if overtime is available.

Overtime worked on a Sunday and Public Holidays shall be paid at double time.

Taking of Tea Break

An employee required to work overtime shall take the afternoon tea break immediately prior to commencing overtime, unless the majority of employees agree to move the break to the end of the overtime period.

Overtime payment shall not include payment for the afternoon tea break.

13. Wash-Up Time

Employees shall be entitled to 5 minutes wash-up time off the job at the completion of each shift.

14. Attendance Records/Timekeeping

The method of recording attendance shall be by time sheet and authorised by the appropriate Supervisor.

When an employee is late for work or ceases work before his/her appointed finishing time, this shall be recorded on the employee’s time sheet. In these cases, with mutual agreement, an employee may make up the time lost within one month so that no deduction in their pay takes place.

The employee shall, within four hours where practicable, and in any case within twenty four hours, of the commencement of absence, inform the Company of the inability to attend for duty and, as far as practicable, state the nature of the injury or illness.

In all cases employees are expected to contact a Supervisor or Manager. If not available, messages are then to be left with Thornleigh reception and not other employees.

The disciplinary procedures as outlined in clause 16 are to apply in all cases of poor attendance and poor punctuality to ensure all employees are aware of the importance of regular attendance at work.

If an employee has a grievance arising from a warning relating to punctuality and/or attendance, then the grievance procedure shall apply.

The parties agree to work to reducing and maintaining absenteeism at the minimum possible level so that an unfair burden is not placed on remaining employees.

Particular attention will be paid to absenteeism occurring in the following instances: -

* Single days occurring prior to and following Rostered Days off Public Holidays and Annual Leave.

* Absences occurring within the first three months of employment.

In these situations payment for the day absent shall only occur following production of a medical certificate.

15. Grievance Procedure

The use of grievance procedure is designed to resolve all normal work related problems that may arise, as quickly as possible. The Union and the Company agree to take all reasonable steps to ensure their officers, members and staff follow this procedure.

In the event that an employee has a problem or a matter of concern regarding employment he/she shall, in the first instance, refer the matter to the immediate supervisor who will endeavour to resolve the problem.

If the matter is not resolved at this level, the employee and union delegate or employees representative shall approach the departmental manager to review the problem.

If agreement is not reached within the department the delegate may approach Human Resources. Failing agreement at this level the organiser shall be requested to review the situation.

The dispute shall be referred to the Industrial Relations Commission should resolution of the issue not have occurred at any previous stage.

If at any stage the Company feels a meeting of employees would clarify or resolve the issue, a paid meeting shall be called so that discussion may take place.

Following this meeting, employees may be allowed a further 10 minutes for discussion amongst themselves, if required. It would then be expected that the employees resume work and the department delegates report back to the Company.

The Company shall also consider paid breaks for report back meetings from the Union.

Whilst the grievance procedure is being carried out the pre-existing status quo should continue without a stoppage or disruption. Status quo refers to the situation existing immediately prior to the dispute or the matter giving rise to the dispute.

The procedures and obligations contained herein shall be equally binding on the Company and its employees and the Union and its members in respect of all changes of work practices or problems.

16. Disciplinary Procedure

The Company requires all employees to maintain a fair output of work and to follow all reasonable instructions relating to work.

Where a Supervisor or Department Manager believes that an employee is:

* not working in accordance with required practice; or

* is acting in a manner which is affecting reasonable work demands; or

* breaching Company Policy;

then the following disciplinary procedure shall be followed:

(a) The Supervisor will issue an initial warning to the employee in the presence of the employee’s chosen representative. Advice of this warning is to be forwarded to the Human Resources Department for placing on the employee’s personnel file and a copy given to the employee.

(b) Should a further incident occur, then the employee shall be given a written warning, in the presence of the Union Representative or the employee’s choice of witness and a representative of the Human Resources Department, that any further act or acts may lead to dismissal.

(c) Depending on the circumstances, any further breaches may attract a final written warning as in (b) above, but which will clearly indicate that any further breaches will lead to dismissal. The Company reserves the right, in cases of further serious and deliberate breaches to terminate the employment at this stage.

(d) Should an action on the part of the employee warrant summary dismissal, then the responsible Manager is to immediately remove the employee from his or her place of work and advise the Human Resources Department. If it is agreed that the dismissal is to proceed, Human Resources will advise the appropriate union delegate and the dismissal will take place.

Nothing in this Clause shall affect the right of the Company to dismiss any employee for misconduct in accordance with the provisions of Clause 21.

In cases where an employee is not meeting the requirements of their core skill, multiskill/s and or allowance/s the disciplinary procedure will be followed. If competency level continues to be below required level, regrading or removal of allowance will occur.

17. Meal Breaks/Tea Breaks

A thirty minute unpaid break shall be allowed in each period of shift work as a meal break. The meal or tea break shall be taken so that no employee is required to work more than 5.5 hours without a break.

There will be a morning tea break in the first half of the day and an afternoon tea break in the second half of the day or shift at a time to be mutually arranged, excluding overtime. Both breaks apply if the span of hours is "full time" (eg. 7.6 hours/day or over, which excludes unpaid lunch break). Each break will be paid time and will be limited to 10 minutes. For those working 12.6 hours/day, (excluding unpaid lunch break) the afternoon tea break will be 20 minutes.

Employees shall receive 5 minute transit time added to each meal break and also to the morning tea break.

On non-work days overtime, an employee shall be entitled to a minimum 20 minute unpaid meal break.

No breaks will be paid on non work days overtime.

18. Personalised Work Schedule

In accordance with the provisions of Clause 12 of this Agreement, each Group A employee shall be entitled to a maximum of 2 RDOs in each 4 weekly period of 20 working days.

Hours of work for group A employees

- No RDO - average 7.6 hours per day/week.

- 1 RDO - average 8.0 hours per day/week.

Operating procedures for determining and controlling Personalised Work Schedule (PWS) shall be as follows:

Implementation of P.W.S -

152 hours are to be worked per 4 week period.

An employee, in consultation with his/her supervisor, will agree in advance the employees usual work hours and PWS pattern. Days off must be by mutual agreement and must meet business objectives. If these days are to be changed, agreement between the employee and his/her supervisor should be at least 2 weeks in advance.

When practicable only 1 person in an area is to be off at any one time. If this is not possible it should be the minimum number of people possible.

Recording of RDOs Taken -

The Supervisor will maintain a record of days taken.

Non Accumulation of RDOs -

With the following exception, RDO shall not accumulate except where agreed between Management and Employees:

Nominated shutdown periods.

RDOs During Annual Leave -

RDOs will accrue during Annual Leave.

Annual Leave Loading for RDOs -

Leave loading is not payable in respect to an RDO falling during a period of Annual Leave.

RDOs During Workers Compensation -

An employee who is on Workers Compensation on an accrued allocated RDO will not be entitled to another day in lieu.

RDOs During Sick Leave -

An employee who is sick on an accrued allocated RDO will not be entitled to another day in lieu, unless a doctor’s certificate is provided.

RDOs During Long Service Leave -

An RDO occurring during a period of Long Service Leave will be forfeited.

RDOs Falling During Jury Duty -

An employee required for Jury Duty on their nominated RDO shall be entitled to full payment for that day (refer to clause 37). He/she shall not be entitled to an additional RDO.

RDOs and New Hires -

RDO will apply for the first full month of employment and from then onwards. If an employee commences during a month, they will work 7.6 hours/day until the beginning of their first full month with the Company.

19. Termination of Employment

The employment of an employee who is employed under the terms of this Award may be terminated by one working week’s notice on either side or by the payment or the forfeiture as the case may be of one working week’s wages in lieu of notice.

Such notice may be given on any day of the week to take effect one week from the day on which it is given, provided that, for the first 30 calendar days of engagement, employment may be terminated by either party by immediate notice to the other.

The amount of notice is in accordance to the Company policy and current industrial regulations at the time.

New employees shall be placed on a three month probation period prior to permanent appointment with the Company. The parties agree after 30 calendar days and prior to expiry of the probationary period termination shall be by one working week’s notice.

The Company reserves the right to dismiss any employee without notice for misconduct. In all these cases wages shall be paid up to the time of dismissal only.

Where an employee upon leaving, or being discharged from service requests, they shall be given a Statement of Service by the Company stating the length and nature of employment. This is the only statement the Company provides.

When an employee has been served termination notice or gives notice of termination, such notice cannot be withdrawn unless mutually agreed by both parties.

20. Abandonment of Employment

An employee who is absent from work for three working days without notifying the Company of the reason for the absence shall be deemed to have abandoned his/her employment.

For the purpose of this Clause, abandonment of employment will be regarded as misconduct and the employee may have his/her employment terminated accordingly.

Before termination all reasonable efforts will be made to contact the employee.

21. Redundancy

Where it becomes necessary to terminate the employment of a permanent employee because the Company has made a definite decision that the Company no longer requires the job the employee has been doing AND the Company has not been able to offer to that employee an acceptable comparative position, then redundancy payment in accordance to the Company’s guidelines at the time is applicable.

For the purpose of this clause, an "acceptable comparative position" shall mean any position which would be viewed as reasonable in keeping with the employee’s capabilities, based on the requirements for that alternative position as stated in the job description and the employee’s skills, experience and capability in performing that job if training was provided.

This clause does not apply to casual employees, persons hired for a fixed term or to employees who resign or are dismissed for reasons other than redundancy.

22. Union Membership

Employees covered by the Award may choose to be represented by a Union.

TUTA training will be allowed for delegates. Timing of such courses is subject to normal manning requirements. Payment will be made at normal rates.

23. Conditions of Employment

Definition

"Part-time employee" is an employee who is employed at least fifteen hours per week, but less than the total days or for less than the total hours.

Part-time employment -

* Part-time employees may be employed when the Company chooses.

* Part-time employees shall be paid at an hourly rate of pay which shall be at the rate of one thirty eighth of the weekly wage of the appropriate classification in accordance with Clause 8, Rates of Pay, of this Award. Payment is made exclusive of meal break.

* All other provisions of this Award with respect to Health Allowance, other allowances (eg; multi-skill), Superannuation, Annual Leave, Sick Leave, Long Service Leave, shall apply to part-time employees, on a pro-rata basis.

* Not withstanding the provisions of paragraph (a) to (c) of this sub-clause, the Company and the relevant Union may agree, in writing, to observe other conditions in order to meet special cases.

Casual employment -

Definition

A "casual" employee is an employee who is paid on an hourly basis.

(a) Casual employees shall be paid an hourly rate which includes 15 percent casual loading and Annual Leave calculated to the nearest five cents.

(b) The Company shall provide a minimum of 4 hours work in each day worked, except when for any reason beyond the Company’s control, less than four hours is performed on any day (employee illness for example). In these cases payment shall only be made for actual time worked.

(d) The casual rate of pay shall be fixed for the life of this Award.

Level 1 - $14.00 per hour.

Level 2 - $15.50 per hour

Casuals who are on the 3M payroll at 23rd October, 1997 will be "grandfathered" at $15.00 per hour.

(e) Level 1 casual rates apply to new Casuals. The definition of "new Casual" is a person who has not worked with 3M Pharmaceuticals or an ex Casual who is not on the 3M payroll as at 23rd October, 1997 (that is, have been absent from 3M greater than 3 months).

(f) For current Casuals who at a later date, leave 3M Pharmaceuticals for a period longer than 3 months and then returns to the Company, then Clause (e) applies. Exception to this clause will only apply under exceptional circumstances (eg. long term reduction in production needs).

(g) Grading to Level 2 is up to the discretion of the Supervisor/Team Leader (there is no regular review). To reach Level 2, the Casual will have consistently demonstrated the ability to run equipment with limited supervision, complete documentation accurately, adhere to GMP procedures and be available on request.

24. Stand Downs

Where a breakdown in machinery or any other cause outside the Company’s control necessitates a cessation of work, the Company, after advising an officer of the Union, and giving employees 2 days notice, may stand down permanent employees without pay. The exception shall be in cases of industrial disputation where no notice period is required. Such stand downs shall not affect the employee’s continuity of service or entitlements which depend on continuity of service. This does not in any way affect the Company’s right to terminate the employment of an employee in the normal manner.

25. Work Safety

Under the Occupational Health and Safety Act both the Company and it’s employees have rights and obligations.

The Company requirements under the Act include:

* to provide or maintain plant and systems of work that are safe and without risks to health.

* to ensure that employees undertake their work in such a way that they do not present a danger to themselves, other workers or other persons on site.

* to make arrangements for ensuring safety and absence of risks to health in connection with the use, handling storage or transport of plant and substances.

* to provide or maintain a working environment for its employees that is safe and without risks to health and adequate as regards facilities for their welfare at work.

* as regards to any place of work under the Company’s control -

- to maintain it in a condition that is safe and without risks to health, and

- to provide or maintain means of access to and from it that are safe and without any such risks;

* to provide such information, instruction, training and supervision as may be necessary to ensure the health and safety at work of its employees.

Conversely, employees while at work:

* shall take reasonable care for the health and safety of persons who are at his/her place of work and who may be affected by his/her acts or omissions of work; -

* shall co-operate with the Company in the implementation of any requirement imposed in the interests of health, safety and welfare.

* Employees are required to comply with any safety instructions given by management. Failure to do so may result in the application of the disciplinary procedure.

26. Occupational Health and Safety Committee

The Company believes the Occupational Health and Safety Committee is the most effective means to ensure ongoing matters are dealt with effectively. Management will continue to provide support for this Committee.

27. Protective Clothing and Equipment

Personal Protective Clothing and Equipment

The Company undertakes to reimburse employees who damage personal property, through an accident while in the course of their employment.

Uniforms and protective clothing are provided and must be worn in all processing areas. Headcovers, beard and moustache covers are to be worn in all areas so marked.

Protective safety equipment is provided as appropriate for machinery and must be used in areas so marked or when specific instructions are given in processing instructions. In addition, employees will be suitably trained in the use of safety equipment.

Disciplinary action may occur when employees disregard safety equipment and protective clothing instructions. Continued disregard may lead to dismissal.

Company issued clothes and shoes are not to be worn off-site.

Safe Footwear

Safe footwear shall be provided to all employees on the following basis:

* An initial issue of 1 pair shall be made to an employee from their first day of permanent employment.

* A person supplied with approved footwear shall be expected to wear such footwear. The only exception shall be where a doctors certificate is provided.

* Replacement footwear will be issued on the return of worn/damaged previous issue.

* Safe footwear shall be approved by the Safety Officer.

* Casual employees shall provide their own safe footwear.

Safety Glasses

Safety glasses shall be provided to all permanent employees. A person supplied with approved safety glasses shall be expected to wear these.

Casual employees are required to have their glass lens industrially toughened. Where this is required, the Company will refund the difference in cost between normal and hardened lens spectacles.

28. Uniforms

The Company will provide adequate uniforms and hats to employees on commencement.

Requests for extra clothing will be examined on a needs basis by immediate Supervisor.

The decision to replace uniforms and protective clothing, regardless of the number, shall be based on hygiene and safety consideration.

The Company undertakes to launder the uniforms supplied. Employees shall be involved in the selection of uniforms when changes are contemplated.

29. Public Holidays

The day proclaimed as such each year shall be holidays:

New Year’s Day, Australia Day, Good Friday, Easter Sunday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day, Christmas Day, Boxing Day and all other days proclaimed as Public Holidays for the State.

One additional holiday (in lieu of Picnic Day) shall apply in each calendar year to a permanent employee. This day shall be set by agreement between the company and the majority of employees.

30. Leave

Annual Leave

Annual Leave shall be in accordance with the Annual Holidays Act, 1944.

As per the Annual Holidays Act, 1944 and site custom, annual leave should be taken within six months of the date of which it is accrued.

Illness During Annual Leave

Periods of illness occurring during Annual Leave will be paid as sick leave subject to the following conditions:

* The period of illness being 38 consecutive working hours or greater.

* The claim for payment as sick leave to be submitted on an Application for Leave application form and supported by a Doctor’s Certificate.

* The employee having a current sick leave entitlement.

Annual Leave Loading

(a) Before an employee is given and takes an annual holiday, or, where by agreement between the Company and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay the employee a loading determined in accordance with this clause.

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

(c) The loading to be calculated is based on any period of Annual Leave to which the employee becomes entitled under the Act and this Award.

Where such a holiday is given and taken in separate periods, loading is to be calculated in relation to each separate period.

(d) The loading is the amount payable for the period or the separate periods, as the case may be, stated in sub clause (c) at the rate per week of 17.5 percent of the appropriate weekly rate of pay prescribed by this Award for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include shift allowance, overtime rates or any other unnamed payments prescribed by this Award.

Appropriate weekly rate of pay refers to the rate prescribed by this Award plus the following allowances which are applicable - education allowance, multi-skilling allowance, first aid allowance, tool allowance, boiler allowance, forklift allowance, team leader allowance and technical trainer allowance.

(e)

(i) When the employment of an employee is terminated for any reason other than misconduct then the employee is entitled to annual leave loading on any leave in accordance with sub clause (c).

(ii) Except as provided by paragraph (i) of this subclause, no loading is payable on the termination of an employee’s employment.

(iii) Where an employee has been paid loading in advance of the date of accrual, upon termination this shall be reimbursed to the Company.

Sick Leave

All permanent employees covered by this Award are entitled to 76 hours paid Sick Leave per year credited on their anniversary date, when absent through personal injury or illness.

Such leave will be paid at ordinary time rates. All sick leave absences of more than 2 consecutive working days must be accompanied by a doctor’s certificate. Any absences immediately before or after Annual Leave, RDOs, Public Holidays or Long Service Leave will require a doctors certificate. In the case of a history of poor attendance, a doctor’s certificate may be requested for all absences.

Sick Leave entitlements not claimed in any one year shall accumulate from year to year as long as the employment is continuous.

All permanent employees covered by this Award, with a minimum of five years continuous service, shall be entitled to an additional sick leave benefit in the case of a long term illness or illnesses, defined as a minimum absence of 10 continuous working days.

This benefit is not conditional on the status of the employees annual leave entitlement and shall take the form of an accumulation benefit whereby the Company will match the employee’s accumulation of sick leave on a pro rata basis referenced to the employee’s accumulation at the beginning of the illness, or the illness period if the illness results in one or more periods of absence. This leave benefit will only apply once the employee’s sick leave benefit is exhausted.

If required, in granting this special leave, the Company, with the authorisation of the employee, may contact the employee’s medical practitioner to ascertain possible alternative duties options.

The Company will also undertake to review special cases for requests for additional sick leave benefits, in which case requests approved shall be authorised by the Manufacturing Manager.

An employee wishing to determine the status of their sick leave benefit shall do so through their supervisor.

31. Personal/Carers Leave

(i) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in (c)(2) who needs the employees care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for at clause 30, 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 employees shall, if required, establish 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 carers leave under this subclause where another person has taken leave to care for the same person.

(1) the employee being responsible for the care and support of the person concerned; and

(2) the person concerned being:

(i) a spouse of the employee; or

(ii) 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

(iii) 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

(iv) a same sex partner who lives with the employee as the de facto partner of the employee on a bona fide domestic basis; or

(v) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

(a) "relative" means a person related by blood, marriage or affinity;

(b) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

(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 their 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.

(ii) Unpaid Leave for Family Purpose

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 (i)(c)(2) above who is ill.

(iii) Annual Leave

(a) Subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, 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) 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.

(iv) 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 (a) of this subclause, the leave is not taken for whatever reason, payment for the 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.

(v) 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 during 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.

(vi) 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) Where the employer and employee agree, rostered days off may be accumulated which occur as a result of employees working in accordance with the provisions of this subclause. These accumulated days may be taken at any time mutually agreed between the employer and the employee.

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 the union if it has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

32. Long Service Leave

Long Service Leave is payable in accordance with the Long Service Leave Act, 1955, in respect of all employees.

33. Maternity Leave

Maternity Leave shall be in accordance with the Industrial Relations Act, 1996. This clause applies to permanent full time and part time employees.

34. Paternity Leave

Paternity Leave shall be in accordance with the Industrial Relations Act, 1996. This clause applies to permanent full time and part time employees.

35. Adoption Leave

Adoption Leave shall be in accordance with the Industrial Relations Act, 1996. This clause applies to permanent full time and part time employees.

36. Compassionate Leave

(i) Compassionate leave may be granted to permanent full time and part time employees in circumstances involving the death of a person as prescribed by subclause (iii).

An employee shall be entitled to 3 working days leave without loss of pay on the production of satisfactory evidence of death of an employee's wife, husband, mother, mother in law, father in law, brother, sister or child.

Upon the death of an employee's grandfather or grandmother, the employee shall be entitled to 2 working days Compassionate leave. For all other persons prescribed by said subclause (iii) an employee is entitled to one working day of absence.

Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia the employee shall be entitled to two days compassionate leave where such employee travels outside Australia to attend the funeral.

(ii) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.

(iii) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 31, Personal/Carer's Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

(iv) An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

(v) Compassionate leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (vi) of the said clause 31. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

(vi) The Birth of a child. In this case male employees will be entitled to 2 working days leave in order to care for their wife or family, or to make necessary arrangements and females 2 days pre natal leave for attending medical clinics. For the purpose of this subclause employee's spouse shall include defacto spouse and defacto in law relationships when this relationship has previously been advised to Human Resources

37. Jury Service/Crown Witness

A permanent employee required to attend Jury Service, or is required to appear as a Crown Witness during his/her ordinary working hours shall be paid the difference between the payment they receive from the Court and their normal rate of pay for the period of absence.

Along with the notification of the jury requirement, people are sent a Statutory Declaration to complete. Since the Company pays the difference, ‘option 2’ on the Statutory Declaration form should be circled i.e. "I require payment as I will not receive my normal wage or salary from my employer." On return to work, proof of jury service attendance or a copy of the subpoena (in the case of a witness) together with evidence of the amount of payment received and the Leave Application should be sent to the Payroll Department and they will automatically pay the difference to the normal pay for the period of absence.

Where an employee is required for Jury Service or as a Crown Witness on their RDO, for that day he/she will follow the same procedure as if on a normal working day.

38. Repatriation Attendance

Permanent employees who are ex-servicemen or women shall be allowed as time worked, time incurred whilst attending Repatriation Centres for medical examination and/or treatment or visiting a doctor nominated by the Repatriation Department provided that:

* such time lost does not exceed four hours (including travelling time)

* an employee produces evidence satisfactory to the Company that he/she is required to and does attend a Repatriation Centre.

* additional travelling time may be allowed at the discretion of the Company depending on the circumstances in respect of distance to and from the Repatriation Department.

39. Blood Donors

Where blood donation facilities are available in close proximity to the establishment, a permanent or casual employee who donates blood at such facility during his/her ordinary hours shall be entitled to leave of absence on each occasion for that purpose on no more than 4 occasions each twelve months.

Before making payment for such leave, the Company may require satisfactory proof of the employee’s blood donation.

The employee shall give the Company reasonable notice of his/her intention to donate blood and indicate the time when absence from work will be required. Permission to attend shall be subject to normal manning requirements.

40. Civil Emergencies

Permanent employees under this Award who belong to recognised volunteer emergency services and bush fire brigade shall be supported as follows:

* Where called upon to attend an emergency while at work, permission should be gained from the employees supervisor prior to leaving. The time lost shall be paid as Special Leave - Emergency Services.

* When attendance is required at a seminar or training sessions, approval shall be granted on the basis that half the time shall be paid by the Company, the other half is to be taken as Annual Leave by the employee.

41. Military Leave

Permanent employees under this Award who are members of the Army Reserve shall be granted military leave of two weeks once each year. Such leave shall be granted in accordance with required time for continuous service training with their unit.

Where payment for such leave is less than what the employee would have received as ordinary time earnings for the same period, then, upon production of satisfactory proof, the Company will pay the difference.

42. Superannuation

This clause applies to all employees covered under this Award.

Eligible employee is defined as an employee -

* on weekly hire; or,

* a casual employee who is to have the Superannuation Guarantee Levy paid to Australian Retirement Fund (ARF) provided they earn in excess of $450 in a calendar month; or

* part-time employee working under this Award.

For the purpose of this clause, superannuation will be calculated on the base rate of pay and the following allowances: multi-skilling allowance, education allowance, team leader allowance, tool allowance, shift allowance, boiler allowance, forklift allowance, technical trainer allowance and first aid allowance (this does not include the extra payment when the Occupational Health Nurse is absent).

Such employees shall be entitled to the benefits as specified in the Superannuation Guarantee Scheme with the exception of -

* employees who earn less then $450 per month

* employees over 65 years.

Where appropriate the Company reserves the right to incorporate SGS increases into the existing 3M Staff Superannuation Plan.

Permanent employees, that is those employed on weekly hire or on a permanent part-time basis, shall also be eligible to join the 3M Staff Superannuation Plan.

43. Leave Reserved-

The parties agree to discuss the following issues for the next Agreement.

Annualised Salaries

44. Definitions

See attachments 1 and 2

Rates of Pay - attachment 1

Job Descriptions - attachment 2

45. Anti-Discrimination Clause

(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."

T. M. KAVANAGH J.

____________________

Printed by the authority of the Industrial Registrar.

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