GOODMAN FIELDER BAKING FROZEN PLANT ENTERPRISE AWARD 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Goodman Fielder Baking Frozen Limited.

 

(No. IRC 893 of 2003)

 

 

AWARD

 

TABLE OF CONTENTS

 

Clause No.          Subject Matter

 

PREFACE

 

1.         Formal Matters

1.1        Title

1.2        Scope and Persons Bound

1.3        Period of Operation

1.4        No Extra Claims

2.         Anti-Discrimination

3.         Forms Of Employment

4.         Probationary Period

5.         Responsibilities Of The Parties

6.         Employees’ Safety, Health And Welfare

7.         Classifications

8.         Hours Of Work & Rostering

9.         Meal And Other Breaks

10.       Remuneration

11.       Leave

11.1      Annual Leave

11.2      Sick Leave

11.3      Personal/Carer’s Leave

11.4      Bereavement Leave

11.5      Long Service Leave

11.6      Jury Service

11.7      Unpaid Leave

11.8      Other Leave

12.       Public Holidays

13.       Termination Of Employment

14.       Redundancy

15.       Dispute Settling Procedure

16.       Delegate Recognition

 

Appendix 1 - Classification Structure

Appendix 2 - Attendance Committee Guidelines 

 

Preface

 

The mission of Goodman Fielder Baking Frozen Plant is to be the world best manufacturer of frozen par bake traditional artisan breads. This Award aims to support the mission by having work practices, policies and terms and conditions of employment that suit the Frozen Plant to enable the plant to maximise its performance potential for the benefit of the company, customers, employees and other stakeholders. To do this, the company aims to engage employees in activities and projects involving employees’ direct participation and consultation. Where consultative or project groups or committees are established, from time to time, they will be representative of and chosen by the workforce.

 

1.  Formal Matters

 

1.1        Title

 

This Award shall be known as the Goodman Fielder Baking Frozen Plant Enterprise Award 2003 ("the Award").

 

1.2        Scope and Persons Bound

 

This Award is made between

 

Quality Bakers Australia Ltd, trading as Goodman Fielder Baking, Frozen Ltd ("the company") located at 77 Roberts Road, Greenacre, New South Wales and

 

Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch ("the union") and

 

Employees engaged under the classifications specified in Appendix 1 of this Award who are employed at the company’s site at 77 Roberts Road, Greenacre, New South Wales.

 

1.3        Period of Operation

 

This Award shall come into force on 1 January 2003 and shall expire on 31 December 2005

 

1.4        No Extra Claims

 

1.4.1     The parties to this Award agree that, during the term of this Award, there will be no claims by either party which seeks to increase or vary the rates of pay or conditions of employment in the Award other than for variations that are referred to in the Award that have been agreed between the parties.

 

1.4.2     The parties to this Award agree that, as a consequence of the business being a new operation and with a new labour force, adjustments may need to occur to ensure that the terms and conditions of this Award are sufficiently ensuring optimum production levels.

 

1.4.3     Any adjustments required will be raised, discussed and considered by the consultative committee referred to in subclause 5.6 of this Award.

 

1.4.4     Following the process in 1.4.3 above, an application may be made by either party to the Industrial Relations Commission of New South Wales to vary this Award.

 

2.  Anti-Discrimination

 

2.1        It is the intention of the parties bound by this Award to seek to achieve the object of 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.

 

2.2        It follows that in fulfilling their obligations under the dispute resolution procedure described 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.

 

2.3        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 or unlawful discrimination or harassment.

 

2.4        Nothing in this clause shall 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 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.

 

2.5        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 this 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.”

 

3.  Forms of Employment

 

3.1        The company may engage employees in any of the following forms:

 

(a)        Full Time

 

Employees who are engaged to work no less than an average of 38 ordinary hours per week, over a roster cycle on either a permanent or fixed term basis.

 

(b)        Flexible Part Time

 

The engagement is subject to a minimum number of hours per week, between 12 and 36 per week, with a minimum daily engagement of 4 hours.

 

Overtime will be paid to part time employees after 10 hours per day or the full-time rostered hours for the day worked in the area the duties are performed, or 38 hours per week, or any work performed on the 6th or 7th day of the week.

 

Employees engaged under this provision will be required to work reasonable additional hours to meet operational or customer needs taking into account the employee’s personal circumstances.

 

Subject to operational needs a part-time employee engaged under these provisions shall be provided as much notice as possible of the daily or weekly rostered hours required.

 

All conditions applicable to full-time employees shall apply to part-time employees provided that leave entitlements shall apply on a pro rata basis according to the average number of ordinary hours worked, taken over the previous 13 weeks.

 

(c)        Casual

 

Employees who are paid hourly or daily and for whom entitlements do not accrue. Casual employees do not receive notice of termination. Casual employees are entitled to accrue long service leave in accordance with the Long Service Leave Act (NSW), 1955.

 

(d)        Fixed Term

 

An employee may be engaged for a specified fixed term in order to meet peak or seasonal demands, for special projects, to cover longer term absences such as Parental Leave, or when a special need arises.

 

3.2        Use of ‘Labour Hire’

 

The company’s preference is to employ people directly, in one of the forms of employment described above. From time to time, however, the company will need to utilise the services of employees of employment agencies. During this time, the company shall engage the agencies in accordance with the company’s policy on the ‘Use of Labour Hire’. The operation of this clause shall form part of the consultation process identified in subclause 5.6.

 

4.  Probationary Period

 

4.1        The first three (3) months of employment for new employees shall be a probationary period.

 

4.2        This period should be used by new employees to find out whether they wish to pursue continued employment with the company and will be used by the company to find out whether the employees have the necessary qualities and capabilities, including the physical requirements of the position, to carry out the duties and conduct themselves to the company’s standards.

 

4.3        The new employee, or the company, may terminate the employment during this period by giving two (2) days’ notice or, in the case of the company, payment in lieu of notice. This does not limit any other rights of the company to terminate the employment.

 

5.  Responsibilities of the Parties

 

5.1        The ability of the company to achieve its mission will partly rely upon the company and employees accepting and discharging their obligations and responsibilities to each other and to customers.

 

5.2        The company shall:

 

place priority on employees’ safety and welfare;

 

try to maintain a trusting, respectful, open and cooperative relationship with employees;

 

treat internal and external customers and the public in a businesslike and courteous manner;

 

encourage teamwork and a high level of employees’ involvement in the operation of the business;

 

encourage innovation, initiative and continuous improvement;

 

treat employees equitably and with concern for their rights and individual needs; and

 

provide and encourage training and employee development, consistent with the classification structure.

 

5.3        Employees shall:

 

follow lawful and reasonable instructions at all times;

 

comply with all company policies (whether in this Award or not) as varied from time to time;

 

act in good faith and co-operate at all times in support of the company’s goals and objectives;

 

treat internal and external customers and the public in a business like and courteous manner;

 

perform quality work in a safe and responsible manner;

 

work to the full scope of personal competence and training across all work processes;

 

apply the highest standards of integrity, security and confidentiality to safeguard the interests of the company and its customers and, if required by the company, execute a separate confidentiality agreement;

 

ensure that personal and business interests do not conflict with responsibilities and duties to the company;

 

accept responsibility for personal development and seek opportunities to improve personal competence and performance; and

 

treat other employees equitably and with concern for their rights and individual needs.

 

5.4        Employees shall do all work directed by the company that is within their competence and training, even if the work is not part of their ordinary duties.

 

5.5        Employees shall perform work at higher levels of the classification structure, under supervision, as part of developing competence for progression to the higher levels.

 

5.6        Consultation

 

The parties shall undertake a consultative process. The objects of consultation shall be:

 

The development of more effective communication between the parties

 

Wherever possible to improve the productivity and efficiency of the plant on a continual basis

 

To discuss the process of change brought about by:

 

Quality improvements

 

Additional hour requirements and rosters

 

Changing skill requirements

 

Other changes affecting the welfare and employment of staff

 

The introduction of new technology

 

To improve the working environment including training and career paths

 

To assist with the maintenance and growth of the company

 

The consultative process will be carried out through a consultative committee on the following basis:

 

The committee shall comprise management, delegates and Union Officials.

 

Meetings will be held regularly.

 

The committee shall develop a charter covering agenda, meeting frequency, meeting rules and communication protocols.

 

6.  Employees’ Safety, Health and Welfare

 

6.1        The company is committed to the protection of employees, customers, the environment and members of the community. The company shall continuously strive to achieve the highest standards of occupational health and safety in its operations through its policies, systems and practices. The company is responsible for actively managing the occupational health and safety system with the aim of preventing accidents and occupational injuries. Employees agree that working safely is a condition of employment with the company.

 

6.2        The company has a ‘no smoking’ policy. This means that employees, customers and visitors are unable to smoke in any of the company’s workplaces, except in circumstances where the company designates a smoking area and guidelines for restricted smoking.

 

6.3        As part of the company’s preventative management approach, employees shall participate in the company CARE policy to ensure that employees are engaged in activities or return to work from injury or illness in a way that supports their health and well being.

 

6.4        Where required by the company, employees shall wear and use uniforms, protective clothing and safety equipment and properly care for all items issued. Upon termination of employment all such clothing and equipment shall be returned by employees to the company and, if not returned, the company shall be entitled to withhold, from monies due to the employee, the reasonable replacement costs subject to fair wear and tear.

 

7.  Classifications

 

7.1        The classifications in which employees are engaged are set out in Appendix 1 of this award.

 

7.2        The company shall determine, in consultation with employees, the numbers of employees required from time to time at each level of the classification structure.

 

7.3        Employees may progress through the classification structure on the basis of:

 

(a)        a permanent vacancy existing at the next level, given the numbers of employees required at that level as determined by the company according to subclause 7.2 above, and

 

(b)        having been assessed as competent to the competency standards for the next level.

 

7.4        Where a temporary vacancy of one or more weeks arises and the company appoints an employee to relieve at a higher level to fill the temporary vacancy, the employee shall receive the rate of pay associated with the higher level.

 

7.5        The company through consultation with employees at the plant may seek to modify the competencies during the life of this Award to take account of new plant and equipment and operational changes.

 

8.  Hours of Work and Rostering

 

8.1        Ordinary hours may be worked on any day of the week, Sunday to Saturday, provided:

 

(a)        the ordinary hours per week shall average 38 hours per week over the roster cycle;

 

(b)        ordinary hours shall be worked on no more than five (5) consecutive days per week, unless the majority of employees at the plant and the company agree that they may be worked over more than five (5) consecutive days;

 

(c)        rostered ordinary hours shall not exceed fifty (50) in any seven day period.

 

8.2        The maximum and minimum numbers of ordinary hours of work per day or shift shall be as set out in the following table:

 

Table 1

 

All other employees
	Full time	Flexible Part time	Casual
Maximum	12	12	12
Minimum	6	4	2

 

8.3        Employees shall work a reasonable amount of overtime and shall make themselves available to work overtime in order to meet operational requirements.

 

8.4        Rosters, including the length of the roster cycle, commencing and finishing times and rotation of shifts, shall be varied by agreement between the company and the majority of employees affected or, in the absence of agreement, by fourteen (14) days notice of variation by the company to employees affected. Provided that temporary roster changes, to fulfil immediate and short term operational or customer needs, may be instituted by the company with 24 hours’ notice.

 

8.5        The minimum rest period between one period of work and the next shall be ten (10) hours unless exceptional circumstances arise and the company and employee/s concerned agree to a lesser period.

 

8.6        Ordinary hours shall be worked continuously, except for meal breaks.

 

9.  Meal and Other Breaks

 

9.1        An unpaid meal break shall be organised between work groups and the relevant manager or supervisor in a way that ensures that operations and customer service are efficiently maintained and that employees have sufficient time to take a meal. The meal break should commence between 3 and 5 hours after the beginning of the shift and the break should be no less than 30 minutes.

 

9.2        Employees who are engaged to work on a roster that provides continuous 24-hour production shall be entitled to a paid 20-minute break during their shift.

 

9.3        Where shifts in excess of 10 hours ordinary duration are worked the employees shall be entitled to an additional 20-minute paid break.

 

9.4        Rest Period after Additional Hours:

 

When additional hours are necessary it shall be arranged, wherever reasonably practicable, to allow the employee at least 10 consecutive hours off duty between the work of successive days.

 

An employee who has worked additional hours between the finish of their rostered hours on one day and the start of their rostered work on the next such that they have not had at least 10 consecutive hours off duty between those times shall be released at the completion of such additional hours until the employee has had 10 consecutive hours off duty without loss of weekly salary for rostered time occurring during such absence.

 

10.  Remuneration

 

10.1      The minimum weekly salary is set out in the tables below. The minimum weekly salary is inclusive of all hours worked including penalty rates; annual leave loading and overtime. The weekly salary has been calculated by reference to the terms and conditions of the Quality Bakers Australia Ltd (NSW), Enterprise Award 2002.

 

10.2      The stages referred to in Table 2 reflect growth in production demand. In consultation with employees the company shall introduce the shift rosters identified in the stages.

 

10.3      The rates of pay set out in Table 2 shall increase by the amounts set out below:

 

2.5% effective from the beginning of the first full pay period to commence on or after 1 January 2004

 

2.5% effective from the beginning of the first full pay period to commence on or after 1 January 2005

 

10.4      During the first six (6) months of this Award the parties will confer and prepare an employee performance recognition program ("the Program"). The basis of the program is to distribute 0.7% of the company’s total wage bill measured against individual performance.

 

10.5      In the event that the program is not developed, employees will receive an additional 0.7% to the rates of pay in Table 2, which will be payable on the dates referred to in clause 10.3 above.

 

Table 2 - Rates of Pay

 

	Stage 1	Stage 2	Stage 3	Stage 4
	38 hours per week	2 shift rotating,	3 shift rotating,	40 hours per
Classification	Five Days Per	40 hours per week	40 hours per week	week shifts to
	Week	(days/afternoons)	(days/afternoons/	provide 24 hours
		Five Days Per	nights)	per day, 7 days
		Week	Five Days Per	per week
			Week	production
	$	$	$	$
Level 1	721.15	794.00	806.00	897.00
Level 2	750.00	827.00	838.00	932.00
Level 3	808.00	889.00	902.00	1003.00
Level 4	865.00	952.00	966.00	1076.00
Level 5	904.00	998.00	1013.00	1128.00
Level 6	938.00	1034.00	1050.00	1169.00
Level 7	990 00	1087.00	1106.00	1230.00

 

NOTE:  It is envisaged that during Stages 1, 2 and 3 above, employees will predominantly be required to work Monday to Friday. To meet operational and customer demands, some employees may be rostered to commence work on a Sunday and/or finish on a Saturday. In these circumstances, consultation will occur in accordance with subclause 5.6 of this Award and implementation of roster requirements will occur in accordance with subclause 8.4 of this Award.

 

10.6      Part Time/Casual Employees Remuneration

 

The ordinary hourly rate for part time and casual employees shall be the 80% of the appropriate classification level divided by 38, paid for each hour worked.

 

In addition casual employees shall be paid a casual loading, in addition to the ordinary hourly rate, of 15% of the ordinary hourly rate plus 1/12 of the ordinary hourly rate (as per the NSW Annual Holidays Act 1944) for each ordinary hour worked.

 

10.7      Overtime/Additional Hours

 

As identified in subclause 10.1 the weekly salary is inclusive of all hours worked. Quarterly, through the consultative processes on site, the parties shall review the additional hours worked by employees during the previous quarter. If the overtime hours are unreasonable the parties shall consult as to options available to reduce the overtime hours worked. The options that may be used at the company discretion include:

 

Use of temporary labour, or

 

Time off in lieu

 

One off payments

 

Equitable allocation of additional hours

 

The company shall keep a record of the overtime hours worked, which shall be used as a basis for the review referred to above.

 

10.8      Superannuation

 

10.8.1   The company shall contribute a percentage of employees’ ordinary pay, equivalent to the percentage prescribed in superannuation legislation from time to time, to either the Goodman Fielder Superannuation Fund or Australian Retirement Fund, at the choice of individual employees in accordance with the Superannuation legislation and the Trust Deeds of the Funds ("company’s contribution").

 

10.8.2   Ordinary pay is described as the employee’s ordinary rate inclusive of penalty payments. The superannuation payments shall be calculated using a notional base of 80% of the employee’s weekly salary set out in Table 2 - Rates of Pay, of subclause 10.5.

 

10.8.3   In addition to the company’s contribution, employees may elect to sacrifice some of their gross earnings to contribute to their one Superannuation account ("salary sacrifice contribution"), in accordance with the company’s Salary Sacrifice Policy in existence from time to time.

 

10.9      Payment Frequency

 

With the exception of supervisors (who are paid monthly), employees shall be paid weekly (or such other frequency agreed between the company and the majority of employees affected) by electronic funds transfer to one bank or building society account nominated by individual employees.

 

11.  Leave

 

11.1      Annual Leave

 

11.1.1   Full time employees receive four (4) weeks of annual leave after each twelve (12) months of continuous service. Flexible part time employees receive a pro rata amount. Full time employees who are engaged in a continuous shiftwork operation and who, as part of that operation, regularly rotate through the seven (7) days and regularly work Sundays and public holidays, shall be entitled to five (5) weeks of annual leave.

 

11.1.2   Annual leave shall be paid at the applicable weekly salary rate as set out in Table 2 - Rates of Pay, of subclause 10.5.

 

11.1.3   Either an employee or the company shall give not less than one (1) month’s notice of the commencement of annual leave, unless otherwise agreed. Provided on the giving of one (1) month’s notice the company may require, at its discretion, an employee to take annual leave at any time when that employee’s annual leave entitlement exceeds six (6) weeks.

 

11.2      Sick Leave

 

11.2.1   After three months service a permanent employee shall be entitled to paid sick leave on the following basis:

 

The objective is to provide, where reasonable, security of earnings for employees unable to attend work due to genuine illness.

 

The company and the union and the employees recognise that it is in the interests of all parties to keep absenteeism to a minimum and will work together in whatever way necessary to achieve this end.

 

The traditional concept of an annual accumulative entitlement to sick leave shall be replaced by a mechanism whereby each occurrence of illness shall be considered by the attendance committee and to that extent absences due to illness will be paid where regarded as reasonable.

 

The parties to this Award and the Attendance Committee shall ensure that an employee is granted a minimum entitlement to paid sick leave in accordance with Section 26(1) of the NSW Industrial Relations Act 1996.

 

Where an employee is absent from work due to a long-term illness, and that employee is participating in a medical practitioner developed rehabilitation program, where appropriate, the employee shall receive income protection for up to 6 months. Where an employee’s illness extends beyond 6 months income protection may be extended at the discretion of the company, following consultation with the employee and his/her representative.

 

The basis of the discretionary sick leave scheme shall be as set out in the guidelines in Appendix 2 to this Award.

 

11.3      Personal Carer’s Leave

 

(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 apply to the Attendance Committee in accordance with subclause 11.2 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 stepchild, 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.

 

The Attendance Committee will assess each application made in accordance with this subclause in reference to the obligations set out by the Industrial Relations Commission of New South Wales in the State Personal/Carer's Leave Case (1998) NSWIR Comm. 652.

 

11.4      Bereavement Leave

 

(i)         Full-time and part-time employees shall be entitled to up to two days paid leave to make arrangements and/or attend the funeral or an immediate family member in Australia.  If the funeral is outside Australia, up to an additional 2 days shall be available.  Additional leave application may be made to the attendance committee.

 

(ii)        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.

 

(iii)       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 subparagraph (c) of paragraph (1) of subclause 11.3, Personal/Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       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.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) in the said subclause (Personal/Carer's Leave). In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

11.5      Long Service Leave

 

In accordance with the NSW Long Service Leave Act 1955, Long Service leave shall be paid at the employee’s applicable weekly salary rate as set out in Table 2 - Rates of Pay, of subclause 10.5.

 

11.6      Jury Service

 

Full time and part time employees who are required to attend and provide proof of attendance at jury service shall be paid as if they were at work provided all monies received by the employee for jury service are remitted to the company.

 

11.7      Unpaid Leave

 

Leave may be provided without pay subject to the needs of the business and at the discretion of the company.

 

11.8      Other Leave

 

Applications for leave for any other reasons, not specified above, shall be considered on their merits. The company may, at its discretion, grant leave for other reasons on a paid and/or unpaid basis.

 

12.  Public Holidays

 

12.1      The public holidays gazetted in New South Wales are recognised for the purposes of this Award. The picnic day of the union, namely the first Tuesday in November or such other day agreed by the company and the majority of employees affected, shall also be regarded as a public holiday for the purposes of this Award. The time from 00:01 hours to 24:00 hours on the actual days specified above are regarded as the public holidays for the purpose of this Award.

 

12.2      Where, after consultation, the company decides that production is unnecessary on a public holiday, permanent employees who were rostered to work on that day shall receive the day off, at no reduction of salary.

 

12.3      Where the company decides that production is necessary on a public holiday, employees shall be required to work in accordance with the roster that is developed in accordance with subclause 8.4.

 

13.  Termination of Employment

 

13.1      By Employees

 

Employees may terminate their employment by giving one (1) week’s notice in writing. In the absence of such notice, the company shall be entitled to withhold monies equal to the value of the number of days for which proper notice was not given.

 

13.2      By the Company

 

Subject to subclause 13.3, the company may terminate an employee’s employment by giving a period of notice, or equivalent payment in lieu, based on the length of continuous service as follows:

 

 

The period of notice is increased by 1 week where the employee is over 45 years old and has completed at least 2 years continuous service with the company. Notice requirements do not apply for casual employees.

 

13.3      In cases of serious misconduct of a kind that is inconsistent with the employee working out the notice period, the company may dismiss the employee without giving notice.

 

13.4      Abandonment of Employment

 

Where an employee is absent from duty without authorisation for a continuous period of more than 3 rostered days, the employee shall be regarded as having abandoned employment.

 

13.5      Return of Company Property

 

Upon termination of employment, all company property including, without limitation, uniforms, protective clothing and equipment, keys, software and documents shall be returned by employees to the company.

 

14.  Redundancy

 

14.1      In the event of genuine redundancies, the following entitlements shall apply if employees are retrenched from permanent employment. Where redundancies become necessary, the company shall consult with employees affected as soon as practicable, after a definite decision has been made, and discuss the reasons for the redundancies and any measures that might be available to lessen any adverse affects on the employees.

 

14.2      Redundancy Payments

 

Employees shall receive a severance payment, calculated at the employee’s applicable weekly salary rate set out in Table 2 - Rates of Pay, of subclause 10.5, of three (3) weeks for every year of service, pro rata for part years of service, in both voluntary and involuntary redundancy situations.

 

14.3      Employees shall also receive payment for the following:

 

(a)        Pro rata unused long service leave for all continuous service.

 

14.4      Other Entitlements

 

Employees shall also be entitled to receive the following in redundancy situations:-

 

14.4.1   Outplacement services from a provider of the company’s choice, including:

 

advice on entitlements;

 

independent financial planning guidance;

 

assistance to plan lifestyle and career strategies;

 

assistance with job search techniques and interview skills.

 

14.4.2   Reasonable paid leave to attend job interviews.

 

14.5      Notice of Redundancy

 

The notice provision set out in subclause 13.2, of clause 13, Termination of Employment, of this Award shall apply.

 

14.6      Selection Criteria - Retrenchments

 

Retrenchment decisions shall be made by the company on the basis of the needs of the plant and an assessment of employees with respect to criteria that include, without limitation, competencies, performance, attendance and experience gained during duration of employment.

 

14.7      Alternative Employment

 

If the company obtains an offer of alternative employment for an employee with another company in the Goodman Fielder Group or with a third party on terms and conditions no less favourable on the whole as were previously enjoyed by the employee in respect of their employment with the employer, then the employer is exempt from any requirement to pay notice, redundancy or severance payments to the employee.

 

14.8      Transmission of Business

 

14.8.1   Where the business is transmitted from the company (in this subclause called the 'transmittor') to another employer (in this subclause called the 'transmittee') and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(i)         the continuity of the employment of the employee is deemed not to have been broken by reason of such transmission; and

 

(ii)        the period of employment which the employee has had with the transmittor is deemed to be service of the employee with the transmittee.

 

14.8.2   In this subclause "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

 

14.8.3   An employee of the company who becomes an employee of the transmittee following the transmission shall not be entitled to any severance payments from the company.

 

15.  Dispute Settling Procedure

 

15.1      The objective of the following procedure is for the employee/s, the union and the company to resolve any grievances or disputes in a mutually satisfying way without disrupting operations and customer service. The procedure shall be adhered to for all grievances and disputes raised by a party to this Award.

 

15.2      While grievances and disputes are being resolved there shall be no disruptions or adverse affects to operations or customer service under any circumstances.

 

15.3      At any stage during the procedure, the employee/s may involve the union at their discretion.

 

 

STEP 1	Team Member/s raise dispute		1. In the event that the employee(s)
			have a grievance or dispute, it shall
			be raised within the Work Team or
			with the immediate Supervisor.
STEP 2	Supervisor attempts to settle		2. Discussions shall take place within
	dispute		the Work Team or with the Supervisor
			within 24 hours, if practicable.
		Dispute Satisfactorily
		Settled
STEP 3	Plant and/or Hub Manager		3. If the matter is not resolved it shall
	becomes involved		be referred to the Plant and/or Hub
			manager. These discussions shall
			conclude within 48 hours, if
			practicable
		Dispute Satisfactorily
		Settled
STEP 4	Referred to Plant relevant		4. If the matter is not satisfactorily
	Director for consideration and		resolved, it shall be referred to the
	discussions		relevant Director for consideration and
			discussions. These discussions shall
			conclude within 48 hours, if
			practicable.
		Dispute Satisfactorily
		Settled
STEP 5	Either employee/s or the		5. If the matter remains unresolved,
	company may choose to refer		either the employee/s, the union or the
	the matter to the Industrial		company may refer the matter to the
	Relations commission for		Industrial Relations Commission for
	assistance		assistance in resolving the matter.

 

16.  Delegate Recognition

 

16.1      Upon written notification by the union, delegate(s) appointed by employees shall be allowed reasonable time during working hours to interview the company or its representative on matters affecting employees whom they represent; provided that the delegates(s)’ duties do not unduly interfere with their duties and responsibilities to the company and the delegate has notified their manager prior to undertaking such duties.

 

16.2      Union delegates shall be granted access to reasonable facilities in carrying out their duties. This includes but is not limited to the use of a telephone and facsimile machine.

 

16.3      Union delegates will abide by the dispute resolution procedure set out in this Award.

 

Appendix 1

 

Classification Structure

 

The table below sets out the minimum competencies required in each of the functional areas of the plant.

 

Functional Areas

 

Receivables	Make Up	Oven-Freezer	Packing
Core Team Skills	Core Team Skills	Core Team Skills	Core Team Skills
Stock rotation	Ingredients weighing	Proofer operation	Hand packing
Computer Input	Mixing	PLC line operation	Auto packing
QA Checks	Stock rotation	Freezer operation	Metal Detection
Stacker/Forklift	IT systems/Scada	Topping station	Stock reconciliation
Waste management	Makeup line operation	Oven setting operation	QA systems
Incoming materials	SOP's	Scarifier operation	SOP's
Development	Development	Development	Development
Team Skills	Team Skills	Team Skills	Team Skills
SOPS	PLC line operation	Tool change	PLC line operation
Cleaning	Tool change	SOP's	Changeovers
Returns	QA Systems	Changeovers	Swabbing
Stores	Changeovers	QA Systems	Cleaning
Stock take	Sulo bin washing	Cleaning	Stock cycle count
	Cleaning		IT systems

 

Level Classification

 

Level 1 - Site Entry Induction

 

Basic Team Culture & Ownership

 

Basic Food Safety & HACCP

 

Basic Quality

 

Basic SH&E & TGFW

 

Emergency & Security Procedure Awareness

 

Basic Site / Building Layout Knowledge

 

Level 2 - Site Competent

 

Basic Knowledge of Respective Area

 

Team Culture & Ownership

 

Food Safety & HACCP

 

Quality

 

SH&E/Basic WBP (Visionary Workshop)

 

Competent in all site, building, layout, emergency & security procedures

 

Level 3

 

Site Competent

 

Competent in Whole Functional Area 1 or 2

 

Competent in 5 Core Team Skills of Functional Areas 3 or 4

 

AQF Level 1

 

Level 4

 

AQF Level 1

 

Competent in Functional Area 1 or 2 + 5 Core Team Skills from Functional Areas 3 or 4

 

Competent in Whole Functional Area 3 or 4

 

Trouble Shooting

 

Level 5

 

Competent in Functional Area 3 or 4 + 5 Core Team Skills from Functional Area 1, 2, 3 or 4

 

AQF Level 2

 

On the Job Training/Train the Trainer

 

Trouble Shooting/Problem Solving

 

Level 6

 

Competent in Functional Areas 3 or 4

 

AQF Level 3

 

Problem Solving Processes & Documentation

 

Machine Diagnostic & Testing

 

Continuous Improvement

 

Level 7

 

Competent in ALL Functional Areas 1, 2, 3 & 4

 

AQF Level 4

 

Frontline Management

 

Career Path Model

 

 

Appendix 2

 

Attendance Committee Guidelines

 

Sick Leave

 

1.          Reporting Sickness

 

(a)        The employee shall ensure that notice is given to their supervisor (if unavailable, designated contact) as early as possible on the first day of absence due to illness. Failure to do so may result in the absence not being paid.

 

(b)        In all cases of sickness whilst at work, an employee should report to his/her immediate supervisor and/or the designated contact.

 

2.          Return to Work

 

When an employee returns to work after illness/injury, he/she shall report to the supervisor before commencing work. If the employee has a medical certificate, this shall be provided. The employee should also complete a sick pay application form, which will be signed by his/her supervisor and forwarded via the Payroll person to the Attendance Committee.

 

3.          Salary

 

(a)        Paid sick leave shall not apply in respect to any statutory or other holiday for which the employee is entitled to full pay or for any absence, reimbursed by an statutory body, eg WorkCover.

 

(b)        An employee who is unable to attend normal work because of illness will receive payment for sick leave at the discretion of the Attendance Committee, calculated according to the employee's hourly rate, on the basis of a normal working day or part thereof.

 

4.          Attendance Committee

 

(a)        The purpose of the Attendance Committee is to be responsible for the approval or decline of payments for absenteeism (except for holidays, long service leave or approved paid time). Attendance Committee meetings should be held weekly or as required.

 

(b)        The Attendance Committee shall be a joint employee/management committee and consist of at least four people including the union representative and, where available, the occupational health nurse (in an advisory capacity) and the payroll person or his/her representative.

 

(c)        At all times, at least one member of the Committee should know the employee whose absence is being considered. It may be necessary to second another person to the Committee on a temporary basis to satisfy this requirement.

 

(d)        From time to time, representatives on this Committee should be rotated to improve other employees' understanding of the sick leave policy.

 

(e)        The Attendance Committee should at all times act with confidentiality.

 

5.          Medical Certificates

 

(a)        Where the Attendance Committee believes an employee may be abusing the sick pay policy, the employee shall be asked for an explanation. If the Committee believes the employee's explanation is unsatisfactory, the employee shall be counselled in accordance with paragraph 11 of this Appendix and may be required to provide a medical certificate at their own expense, or other written confirmation for all absences for the next six month period.

 

(b)        If the Attendance Committee is not satisfied with the reasons stated for absence, it may require the employee to produce a second medical certificate at the company's expense from a doctor nominated by the company and acceptable to the attendance committee.

 

6.          Medical Disclosure

 

Disclosure of any sickness should be at the discretion of the employee. However, if the employee wishes to receive payment for sickness, they should be prepared to assist the Committee in making a decision. This assistance may be a private discussion with the occupational health nurse, a member of the Committee, or by obtaining a letter from their own doctor which outlines that work is not advisable and stating the period for which this applies without the doctor actually disclosing the nature of the sickness.

 

7.          Reasonable Sick Leave

 

(a)        In determining a "reasonable" amount of payment for sick leave, consideration should be given to the following:

 

Absenteeism history / length of service.

 

Recurring illnesses that are not managed correctly.

 

(b)        Payment for extended sick leave should be considered on its own merits.

 

8.          Patterns Of Abuse Of Genuine Illness

 

(a)        Where the Attendance Committee or company are concerned about the use of the genuine illness provisions either by an individual or general usage, the parties to this Award shall meet to discuss potential remedies for the concerns. Following such discussions the Committee may make recommendations to the company for its consideration.

 

(b)        In the event of frequent occurrences of one-day sickness in any one year, the employee concerned shall be counselled in accordance with paragraph 11 of this Appendix.

 

(c)        Any further payments for patterns of one-day sickness should be determined as a result of the response to counselling.

 

9.          Attendance At Medical Appointments

 

(a)        An employee shall provide notice to the Committee of any scheduled medical appointments.

 

(b)        Future medical appointments shall be deemed as paid time.

 

(c)        An employee’s ongoing medical treatment shall be considered by the Committee in accordance with paragraph 7 of this Appendix.

 

10.        Alternative Duties

 

In the case of employees who are not able to resume their normal duties, consideration should be given by the Attendance Committee, where practicable, to encourage these employees to carry out alternative duties until fully recovered, subject to medical clearance.

 

11.        Counselling

 

(a)        Before a verbal warning is given to an employee for absenteeism, counselling of the employee should be undertaken by the manager, supervisor or delegate. An employee assistance program may also be offered if appropriate.

 

(b)        Where counselling is undertaken, it shall be recorded on the employee's employment record.

 

(c)        Where an employee’s absenteeism continues to be unsatisfactory, the company may instigate its disciplinary processes.

 

 

D. S. McKENNA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.