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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1925
Award Code 1041  
Date Posted07/31/2003

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Notification under section 130 by the Transport Workers' Union of New South Wales of a dispute with Australian Co-Operative Foods Limited t/a Dairy Farmers re Enterprise Agreement negotiations.


(No. IRC 891 of 2003)


Before Commissioner Connor

9 April 2003




1.  Title


This Award shall be known as the Dairy Farmers TWU Enterprise Award 2002 (the "Award").


2.  Arrangement


Clause No.          Subject Matter


1.         Title

2.         Arrangement

3.         Parties, Area and Incidence

4.         Supersession of Previous Agreements/Awards

5.         Rates of Pay and Relationship to Award

6.         Allowances

7.         Income Protection

8.         Objectives

9.         Productivity

10.       Quality Through Commitment (QTC)

11.       Good Manufacturing Practices

12.       Multi-Skilling

13.       Payment by E.F.T.

14.       Hours of Work for Full-time Weekly Employees Only

15.       Starting and Finishing Times

16.       Meal/Crib Breaks

17.       Reasonable Overtime Hours

18.       Advertising

19.       Probationary Period

20.       Abandonment of Employment

21.       Casual Employment

22.       Induction

23.       Sick Leave

24.       Absence

24A.    Bereavement Leave

24B.     Personal Carer's Leave

25.       No Smoking

26.       Alcohol and Drugs

27.       Workplace Video Surveillance

28.       Access to Training

29.       Training and Education

30        Job Skills Training

31.       Key Performance Indicators

32.       Bag and Vehicle Inspection

33.       Blood Donors

34.       Superannuation

35.       Labour Hire

36.       Transport Contractors

37.       Site Operating Requirements

38.       Nominal Term

39.       No Extra Claims

40.       Settlement of Disputes

41.       Leave Reserved

42.       Anti-Discrimination


Appendix A   Milk Treatment &c., and Distribution (State) Award - Clause 6, Rates of Pay

Appendix B     Site Operating Requirements

Appendix C    Milk Treatment &c., and Distribution (State) Award - Allowances

Appendix D    Bag and Vehicle Inspections Protocol


3.  Parties, Area and Incidence


This Award is made between Australian Co-operative Foods Limited (trading in New South Wales as and herein called Dairy Farmers) and the Transport Workers’ Union of New South Wales and shall apply to employees engaged under the Milk Treatment, &c., and Distribution (State) Award published 30 November 2001 (329 I.G. 1084) in New South Wales (excluding Rural Trading employees and employees engaged in Country Stores) in the classifications set out in Appendix A to this Award.  This award rescinds and replaces the Dairy Farmers TWU Enterprise Award 1999 published 7 July 2000 (316 I.G. 1281).


4.  Supersession of Previous Agreements/Awards


Except as provided by clause 5, this Award supersedes all awards and agreements which would otherwise apply to employees bound by this Award.


5.  Rates of Pay and Relationship to Award


(i)         Dairy Farmers will increase the current ordinary time rates as follows:


(a)        To the rates shown in Column 1 of Appendix A from the first pay period on or after 27 November 2002. (2%)


(b)        1.48% applicable 31 days from the date of written cancellation of the current Group Personal Accident and Sickness Insurance policy with Chifley Insurance Brokers.  Written cancellation to be forwarded on the next working day following the making of this Award by the NSW Industrial Relations Commission.


(c)        3% from the first pay period on or after 27 June 2003.


(d)        5% from the first pay period on or after 27 June 2004.


(e)        5% from the first pay period on or after 27 June 2005.


(ii)        The award listed at Appendix A will regulate the rates of pay and conditions of employment of employees covered by this Award except to the extent that such rates and/or conditions of employment are inconsistent with this Award in which case the provisions of this Award shall apply.  There shall be no further pay increases during the currency of this Award except where consistent with the provisions of a NSW State Wage Case decision.  It is further agreed that any such increase shall be processed by way of a variation to this Award pursuant to section 17 of the Industrial Relations Act 1996.


(iii)       The wage increases contained in this Award satisfy the Union’s claim in respect of protection of employee entitlements.


6.  Allowances


Dairy Farmers will increase allowances under the Milk Treatment, &c., and Distribution (State) Award as detailed in Appendix C of this Award.


7.  Income Protection


The Group Personal Accident and Sickness insurance policy (Income Protection) implemented at clause 5 of the Dairy Farmers TWU Enterprise Award 1999 will be terminated by 30 days' notice and the premium costs currently paid by Dairy Farmers will be converted to a wage increase in accordance with clause 5, Rates of Pay and Relationship to Award.


8.  Objectives


The objectives on every site covered by this Award are:


Continuous improvement in quality of products and customer service.


Satisfying consumers with value for money products.


A work environment where people can contribute to the progress of each site.


Harmonious work environment based on team structure.


Continuous employee training and development.


Clear and well-understood individual performance goals developed in consultation with employees.


Full support for marketing, sales and new product programs.


Maintenance of high quality standards in product composition, presentation and distribution.


Behaviour of every employee which reflects Dairy Farmers' values.


Strict compliance with clause 40, Settlement of Disputes, to ensure continuity of operations in all circumstances.


Meeting these objectives is vital to the future of Dairy Farmers and the job opportunities of employees on each site.


The parties recognise the need to find new and better ways to compete in order to ensure a viable business which achieves these objectives now and in the future, and are committed to:


Striving for excellence in everything we do;


Increasing levels of performance and productivity and demonstrating a willingness to learn and develop;


Safeguarding employees, plant, equipment and the business;


Participating in business activities including team meetings, quality and safety audits;


Promoting Dairy Farmers' image in the community;


Achieving flexible working arrangements;


Improving operating costs, reducing overheads and ensuring delivery performance.


9.  Productivity


All employees will support and actively co-operate in all formal and informal improvement programs which safely increase productivity, efficiency and flexibility and reduce costs on each site.


10.  Quality Through Commitment (QTC)


All employees on each site are committed to continuous improvement in manufacturing processes, quality of products, distribution and customer service, and this process includes:


Active employee participation in QTC teams.


The identification of best practice in the key areas of site operations and the continuing implementation of workplace reform to achieve best practice.


The development of work organisation structures which are more flexible and efficient.


A continuing skills enhancement program which maximises the skills of every individual and gives each person more interesting and productive work.


Maintaining a safe and healthy work place.


A participative process which values the involvement and ideas of all employees.


11.  Good Manufacturing Practices


All employees on each site are committed to following Good Manufacturing Practices covering safety, quality, hygiene, housekeeping, cleanliness, appearance, procedures, responsibility, identification and maintenance.


12.  Multi-Skilling


All employees on each site agree to continue their positive co-operation in becoming multi-skilled in order to maximise the productivity on each site.


A key element of multi-skilling is the upgrading and extension of every employee’s skills and knowledge and using those skills acquired within each employee’s capacity.  This includes training and working within the normal functions applicable to the employee’s designated award together with training and working across other award functions on each site.  An employee’s designated award is determined by those award functions for which the employee has principally been engaged and trained.


An employee who for four hours or more on any one day or shift performs work functions continuously which are covered by an award classification with a higher rate of pay than the employee’s designated award classification shall be paid the higher rate for such day or shift.  The foregoing mixed functions provision which applies across awards has no application to the mixed functions provisions which continue to apply within awards.


Normal functions applicable to employees covered by the award listed at Appendix A include performance of minor machine adjustments, simple running repairs to machines, non-trades mechanical and building maintenance and electrical work.  It is accepted that other employees on each site not covered by this Award will perform limited production and distribution work for maintenance purposes.


Multi-skilling recognises that competency and safety should be the main factors which determine how work is performed.  Central to this recognition is that there are no demarcations of any sort on each site provided employees are properly trained and qualified for the work tasks required of them.


It is paramount that multi-skilling should not be used in any way which places at risk the health and safety of any employees. In particular no employee can perform any work which he/she is not legally qualified to perform.


13.  Payment By E.F.T.


Every employee on each site shall continue to be paid by electronic funds transfer to their nominated bank, building society or credit union account.


14. Hours of Work for Full-time Weekly Employees Only


(i)         All employees on each site agree that the following hours of work provisions best meet the operating requirements of each site and that they will continue or be implemented upon making of this Award.


A variety of the following working patterns may be implemented in different sections or departments of each site as appropriate.  Dairy Farmers shall not alter the roster of any employee’s ordinary hours of work without giving at least 7 days' notice, provided that an employee and Dairy Farmers may agree to a notice period of not less than 24 hours.


(ii)        The weekly ordinary hours of work shall be 38 hours per week or an average of 38 hours per week being calculated over an employee’s work cycle.


(iii)       Systems of working the 38-hour week


(a)        Rostered Day Off (RDO) System


By employees working an average of 38 hours per week where each day worked consists of 8 ordinary hours of which 0.4 ordinary hours is banked to an RDO bank.


An individual employee may exercise freedom of choice to utilise their RDO bank as follows:


(1)        By an employee electing to take RDOs as leisure days.  An RDO taken as a leisure day uses 7.6 hours from the employee’s RDO bank.


(2)        By an employee electing not to take RDOs as leisure days and instead receiving payment of their full RDO bank accrual at 30 June each year.


(3)        By an employee electing not to take RDOs as leisure days and instead receiving payment for their full RDO bank each pay week.


(4)        An employee’s election for option (1) (2) or (3) above must be made within two weeks of commencing employment.  An election once having been made shall not be changed other than at 1 July each year except through unforeseen circumstances.  An employee is entitled to consult with their Union Delegate both prior to making their initial election and when considering any subsequent change of election.


(5)        An employee who elects to receive payments instead of taking RDOs as leisure days shall not have these payments included for the purposes of calculation of annual and long service leave entitlements, i.e. RDO payments do not form part of the ordinary pay of the employee.


(6)        An employee who elects to utilise their RDO bank as described in (1) or (2) above may request that the full RDO bank be paid to him or her at any time during the year.


(7)        An employee who elects to utilise their RDO bank as described in (1) above will be paid for the value of any banked RDO hours in excess of 6 days (45.6 hours) at 30 June each year.


(8)        RDOs will be rostered in advance to meet the operating requirements on each site and will be taken on Mondays to Fridays.  RDOs will not necessarily be rostered to coincide with public holidays or an employee’s weekly days off.  When rostering the RDOs of employees whose ordinary working hours include a Saturday or Sunday, Dairy Farmers will, as far as operating requirements permit, accommodate an employee’s request to take their RDO on a particular working day excluding a Saturday or Sunday.  Dairy Farmers shall not alter the roster of an employee’s RDOs without giving at least 7 days' notice, provided that an employee and Dairy Farmers may agree to alter an RDO with a notice period of not less than 24 hours.


Within the RDO system, overtime is payable after the conclusion of 8 ordinary hours on each rostered day.


(b)        Fixed Hours System


By employees actually working up to 10 ordinary hours each day in one of the following work cycles:


38 ordinary hours within a work cycle not exceeding 7 consecutive calendar days; or


76 ordinary hours within a work cycle not exceeding 14 consecutive calendar days; or


114 ordinary hours within a work cycle not exceeding 21 consecutive calendar days; or


152 ordinary hours within a work cycle not exceeding 28 consecutive calendar days.




5 x 7.6 hours in a 7 day cycle




4 x 8 hours and 1 x 6 hours in a 7 day cycle




4 x 9.5 hours in a 7 day cycle




3 x 10 hours and 1 x 8 hours in a 7 day cycle




a combination of days and hours over a 14, 21 or 28 calendar day cycle to achieve an


average of 38 ordinary hours per week.


Within the fixed hours system, overtime is payable after the conclusion of the ordinary hours rostered for that day.


The working of a fixed hours system is subject to the agreement of Dairy Farmers, the TWU and the majority of employees in the section or sections or department concerned.


15.  Starting and Finishing Times


Starting and finishing times on each site may be staggered to meet operational requirements.  All employees are required to be at their workstation ready to commence work at shift starting time.  Employees unable to commence work at their normal starting time will notify their Supervisor or Manager with as much notice as possible prior to the commencement of the shift.


16.  Meal/Crib Breaks


The time of taking meal/crib breaks may be staggered to meet operational requirements.  During meal/crib breaks employees will be required to relieve other employees in any role they are capable of performing.  Any breaks other than meal/crib breaks must be authorised by the employee’s Supervisor.


17.  Reasonable Overtime Hours


(i)         Dairy Farmers will utilise its full-time and casual employees and employees of labour hire firms to work ordinary hours and overtime hours as required to meet the operating requirements of the business.


(ii)        When offering overtime, Dairy Farmers will consider relevant factors including an individual employee’s skill and ability levels and the amount of overtime recently worked by individual employees.  Subject to all the provisions of this clause, available overtime will first be offered to Dairy Farmers full-time employees before casual and labour hire employees.


(iii)       Dairy Farmers may require an employee to work reasonable overtime at overtime rates, taking account of any risk to employee health and safety, the employee’s personal circumstances including any family responsibilities and the operational requirements of the business.


(iv)       An employee on rehabilitation or suitable duties may only work overtime if overtime is required to complete the work covered by the approved rehabilitation plan or suitable duties.


(v)        An employee authorised to work overtime shall not work for a total continuous period in excess of fourteen hours, exclusive of unpaid meal breaks, from the time of commencing work (e.g. 8 hours' ordinary time plus 6 hours' overtime, or 10 hours' ordinary time plus 4 hours' overtime, etc). In exceptional circumstances only, the Senior Manager on each site may authorise a continuous working period in excess of fourteen hours to meet site operating requirements.


(vi)       If an employee is absent without the authority of the employee’s Supervisor or due to personal illness or injury on the first shift following a shift on which overtime was worked, the employee will not be eligible to work overtime on the next shift overtime is available.


(vii)      If an employee is absent without the authority of the employee’s Supervisor or due to personal illness or injury on the day prior to scheduled overtime, the employee will not be eligible to work that scheduled overtime.


18.  Advertising


Dairy Farmers undertakes to advertise vacant positions covered by this Award on notice boards at the sites where the vacancy occurs.


19.  Probationary Period


New weekly employees will be engaged for a probationary period of up to three months during which their performance will be evaluated against appropriate criteria including required skills, capacity to learn, attendance, punctuality and attitude.  Should an employee be found to be unsatisfactory during the probationary period, his or her employment will be terminated.  In the case of casuals who are offered weekly employment, the probationary period will be reduced by the amount of their casual employment.


20.  Abandonment of Employment


An employee who is absent from work for five consecutive working days or more without the consent of Dairy Farmers and who has not made contact with his or her Supervisor or Manager shall be deemed to have abandoned his or her employment and shall be paid entitlements up to and including the last day worked.


21.  Casual Employment


The use of casual labour will be at Dairy Farmers' discretion as necessary to meet operating requirements.  This provision will not be used by Dairy Farmers to casualise full-time weekly positions.


22.  Induction


Induction Leaders at each site will introduce new Dairy Farmers employees to an accredited TWU Delegate.

23.  Sick Leave


(i)         An employee who cannot attend work because of personal illness or injury shall contact his or her Supervisor or Manager with as much notice as possible prior to the commencement of shift or, if that is not possible, then at the earliest time thereafter.


(ii)        An employee shall furnish to Dairy Farmers such evidence as Dairy Farmers reasonably requires that he or she was unable, by reason of illness or injury, to attend for duty on the day or days for which paid sick leave is claimed.


(iii)       An employee shall furnish to Dairy Farmers a certificate of a duly qualified medical practitioner in order to be entitled to payment for sick leave claimed in the following circumstances:


(a)        Where the absence is three or more consecutive working days, or


(b)        Where there is an absence on a rostered working day either side of a public holiday or either side of a rostered day off (RDO) or rostered days off (RDOs).


Nothing in this subclause limits Dairy Farmers rights under subclause (ii) of this clause.


(iv)       An employee will not be entitled to single days of paid sick leave on more than three occasions in any year unless he or she produces to Dairy Farmers a doctor’s certificate for each occasion stating that he or she was unable to attend work on account of personal illness or injury.


(v)        An employee who has exhausted his or her entitlement to paid sick leave and who is then unable to attend for duty because of personal illness or injury shall furnish to Dairy Farmers a certificate of a duly qualified medical practitioner in respect of all such unpaid absences.


(vi)       Sick leave will be available and accrue according to each employee's year of service in lieu of the common anniversary date prescribed by the Milk Treatment, &c., and Distribution (State) Award.


24.  Absence


On return to work from any absence including annual leave, long service leave, sick leave and workers compensation, every employee must report to their Supervisor before commencing work.


24A.  Bereavement Leave


(i)         An employee other than a casual employee shall be entitled to up to two days' bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) below.


(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 clause 24B of this Award 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), (5) and (6) of said clause 24B.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.


24B.  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 to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 24 of this Award 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.


(6)        Rostered Days Off


(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.


(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.


(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.


(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.


25.  No Smoking


Smoking is not permitted on any Dairy Farmers site except in designated areas.  Non-smoking signs and regulations must be observed at all times, including times when production is not taking place.  Smoking is only permitted during meal/crib breaks and official rest breaks.


26.  Alcohol and Drugs


The consumption of alcohol or other drugs (excepting medication prescribed for an employee by a registered medical practitioner) during working time (including during meal and other breaks) is an unacceptable safety risk and is not permitted.


27.  Workplace Video Surveillance


Video cameras may be installed on sites to ensure the security of employees, protection of Dairy Farmers investment and surveillance of external perimeters in accordance with the Workplace Video Surveillance Act 1998  .Dairy Farmers will consult with the Union Delegate and employees in the section or sections concerned prior to the installation of overt video surveillance.


28.  Access to Training


Promotion and access to training shall be offered on the basis of an assessment of ability by Dairy Farmers, provided that in the case of equal ability, as determined by Dairy Farmers, seniority shall apply.


29.  Training and Education


The parties shall continue to develop and implement a training and education program for employees.  This training and education program shall include training and education dealing with the following issues:


occupational health and safety;


safer work practices;


award and other industrial entitlements;


enterprise bargaining;


industry developments;


responsibility of union delegates;


legislative developments; and


productivity enhancement.


The parties shall separately enter into an agreement for the delivery of training and education services pursuant to this program.


30. Job Skills Training


(i)         Employees who are classified as Leading Hands on each shift shall conduct job skills training in their areas of competence for Operators. Payment for conducting this training is contained within their Leading Hand allowance.


(ii)        Non-Leading Hand operators authorised in writing by a Supervisor or Manager to conduct training will be paid during the time taken to conduct such training an amount equal to the allowance in Appendix C of this Award for a Leading Hand in charge of more than 2 but less than 10 employees, with the allowance proportioned to the number of hours the operator conducts the training.


31.  Key Performance Indicators


During the term of this Award, the parties will continue to review and monitor agreed key performance indicators (KPIs) on operational performance at each site consistent with best practice principles.  The parties are committed to the process of continuous improvement and service excellence and will use the agreed KPIs as a means of measuring what has been achieved and setting targets for further improvements.


32. Bag and Vehicle Inspection


As a condition of employment employees authorise Dairy Farmers to inspect the employee’s bag and motor vehicle whilst on or leaving Dairy Farmers premises, in accordance with the Dairy Farmers protocol detailed at Appendix D of this Award.  Any issue or matter arising from the inspection procedures will be processed in accordance with the Settlement of Disputes clause.


33. Blood Donors


At the request of employees at each site, Dairy Farmers will arrange a visit of the mobile blood bank at a time and frequency which meets site operating requirements.


34. Superannuation


Dairy Farmers agrees to meet its obligations flowing from the Superannuation Guarantee Legislation by making contributions on behalf of its employees as follows:


(a)        Weekly Full-time Employees


The employee has the choice between the Dairy Farmers Superannuation Plan and the TWU Superannuation Fund.


(b)        Casual Employees


All contributions will be paid to the TWU Superannuation Fund.


In respect of Superannuation, this clause supersedes all previous awards, enterprise agreements and former industrial agreements.


35. Labour Hire


Dairy Farmers will request that employees of Labour Hire companies working at Dairy Farmers sites who are performing work described by the classifications in this Award will be paid the appropriate rates of pay prescribed by this Award.


36. Transport Contractors


(i)         Dairy Farmers undertakes to investigate any complaint made in writing by the State Secretary or Assistant State Secretary of the TWU in respect of an alleged serious breach or breaches of traffic and industrial legislation committed by a Transport Contractor in the course of undertaking a Dairy Farmers contract.  The complaint will provide detail of the allegations, copies of the evidence of the alleged breach or breaches which the TWU has in its possession and will describe the action the TWU is taking in its own right in respect of the allegations. Subject to Dairy Farmers complying with its legal obligations regarding confidentiality or privacy, Dairy Farmers will advise the TWU in writing of the outcome of an investigation of such breach or breaches.


(ii)        It is agreed in principle that it is Dairy Farmers' intention, in its absolute discretion, to bring the contractual agreement with a Transport Contractor to an end in the case of persistent proven serious breaches of traffic and industrial legislation by that Transport Contractor.  Such termination would be subject to Dairy Farmers at all times complying with the termination provisions of the contract with that Transport Contractor.


37. Site Operating Requirements


Agreed operating requirements for individual sites are detailed in Appendix B.

38. Nominal Term


This Award comes into force on 9 April 2003 and expires on 27 November 2005.  The Award may be varied or terminated in accordance with the Industrial Relations Act 1996.


39. No Extra Claims


The parties to this Award will not pursue any extra claims during the term of the Award relating to wages, allowances or changes to conditions of employment or any other matters related to the employment of the employees, whether dealt with in the Award or not.  The sole exception to this clause is as set out in clause 41, Leave Reserved.


40. Settlement of Disputes


To promote good industrial relations between employees on each site and Dairy Farmers, the following procedure will be observed:


(i)         Where any problem, complaint, query, misunderstanding, or grievance arises, the matter shall first be raised with the Supervisor of the work area.  The Supervisor will make every effort to respond within 24 hours.


(ii)        In the event that the matter remains unresolved, the Union Delegate will attempt to resolve the matter with the Manager of the work area.  The Manager will make every effort to respond within 24 hours.


(iii)       In the event of failure to resolve the matter at job level, discussion will take place between a Union Organiser and a Senior Manager on each site.


(iv)       If the matter is still unresolved, the TWU Secretary or his/her representative will confer with Senior Management of Dairy Farmers.


(v)        In the event of no agreement still being reached, the dispute will be referred to the Industrial Relations Commission of New South Wales for resolution.


(vi)       Normal work must continue under this Award and the award listed at Appendix A and no bans or industrial action of any kind shall take place whilst this procedure is being followed.


41. Leave Reserved


Leave is reserved to the TWU to present a work value claim to the New South Wales Industrial Relations Commission that forklift drivers operating high-reach forklifts should receive an allowance not exceeding the Turret Truck weekly allowance.


42. Anti-Discrimination


(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.


(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.


(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.


(4)        Nothing in this clause is to be taken to affect:


(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;


(b)        offering or providing junior rates of pay to persons under 21 years of age;


(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;


(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.


(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.




(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.”






Clause 6 - Rates of Pay


Ordinary Time Rates



Column 1

Column 2

Column 3

Column 4

Column 5








First pay period on or after:



















(i) Division A: Production Section

1. Production Assistant






2. Plant Operator Grade 1






3. Plant Operator Grade 2






4. Plant Operator Grade 3






    Division B: Transport Section

5. Milk Carter on Rounds






6. Relief Milk Carter






7. Relief Motor Wagon Driver






8. Fork Lift Driver






9. Tanker Driver - 15,911 litres






capacity or more






10. Tanker Driver Grader:






       (a) Under 15,911 capacity






       (b) From 15,911 capacity






11. Drivers of Motor Wagons having






a manufacturer’s gross vehicle mass






In tonnes:






(a) Up to 13,948






(b) Over 13,948 & up to 15,468






(c) Over 15,468 & up to 16,919






(d) Over 16,919 & up to 18,371






(e) Over 18,371 & up to 19,371






(f) Over 19,731 & up to 21,092






(g) Over 21,092







(ii) Junior Labour

(a) The minimum rate of wages for


Milk Carter’s Assistants and Boys


on Carts shall be as follows:


Under 18 years of age






At 18 & under 19 years of age






At 19 & under 20 years of age






At 20 & under 21 years of age






(b) The minimum rates of wages for


an employee washing and filling


bottles and all work in connection


therewith and a Junior Laboratory


Employee shall be as follows:


Under 18 years of age






At 18 & under 19 years of age






At 19 & under 20 years of age






At 20 & under 21 years of age







(i)         To paragraph (ii) of the above clause add the following new definitions:


Plant Operator, Grade 1 (g)


DAF Operator


Plant Operator, Grade 2 (h)


DAF Operator with a TAFE Trade Waste Certificate


Plant Operator, Grade 3 (g)


Senior Operator responsible for advanced packaging, processing, intake and cleaning functions as determined by Dairy Farmers


Plant Operator, Grade 3 (h)


DAF Operator (certified) with 3 months experience after obtaining a TAFE Trade Waste Certificate


(ii)        Vary paragraph (v) of the above clause as follows:


Charge Hands


An employee who, for 2 hours or more on any day, is required to take charge of a depot or is made responsible by Dairy Farmers for the overall output of a production or transport shift or section or multi-disciplinary work team shall be paid the Charge Hand allowance contained herein.


(iii)       Add to the above clause a new allowance (xiii) as follows:


Turret Truck


An employee employed in the UHT Warehouse at Wetherill Park who has a current licence to operate a Turret Truck will be paid the Turret Truck allowance contained herein. Employees who normally work in other sections of the plant who hold the appropriate licence will be paid the allowance only for the days when they actually operate the Turret Truck.






1.          Walking Time - Wetherill Park


The TWU and Dairy Farmers will negotiate regarding the removal of walking time for Meal/Crib/Rest Breaks if a new meal room is provided in the production area.









From the first pay period on or after:



















(i) Leading Hand:


In charge of more than 2 but less than 10












In charge of more than 10 employees






(ii) Charge Hand per day






(iii) First Aid






(iv) Forklift Drivers loading &/or unloading






trailers per week






(v) Vendor Vehicles per day






(vi) TAFE Diploma/Advanced Certificate






(vii) Cargon Depots Cold Temperatures per












(viii) Entire shift fully enclosed Refrigerated






Warehouse/ Distribution Depot per hour






(ix) Articulated Vehicles:


Where the semi-trailer has a single axle






Where the semi-trailer has 2 axles






Where the semi-trailer has more than 2 axles






(x) Meal allowance






(xi) Laundry allowance per week






(xii) Shift allowances


Morning Shift per shift






Afternoon Shift per shift






Night Shift per shift






Permanent Afternoon/ Night Shift per shift












(xiii) Turret Truck per week











When will inspections take place?


Bag and vehicle inspections will be randomly conducted.  As the proposed enterprise agreement clause states, inspections may take place when a person is on or leaving Dairy Farmers’ premises. While in the normal course some inspections will coincide with end of shifts, inspections will also be conducted at other unprogrammed times to ensure their random nature.


Who is to be Subject to Inspections?


All persons on or leaving a site will be subject to the random inspections - meaning all employees (including supervisors and managers), contractors, visitors and any other persons entering sites.


Who is to Conduct Inspections?


Security contractors, whose employees are trained in inspection procedures, will conduct the inspections at arms length from Dairy Farmers.  To maintain the random nature of the inspections, Dairy Farmers will only give broad instructions to the contractors as to when the inspections are to occur. Dairy Farmers management will not be advised in advance of when an inspection will be conducted.


This does not affect the right that Dairy Farmers otherwise has to investigate instances of alleged theft.




Security contractors are to be instructed that the sole purpose of the inspection is to establish whether Dairy Farmers’ product or equipment is being removed from a site without authorisation.  With the exceptions following, any personal belongings of the person subject to the inspection will be ignored. The exceptions are whether the person has in their possession items or articles that, prima facie, there is no legal reason for the person to have in their possession on a Dairy Farmers site.  These include firearms or other weapons and illegal drugs.  If a person is found to have such items in their possession, they will be reported to Dairy Farmers for appropriate follow-up investigation.


Any person who has product purchased at the site or is requested to take product or property off the site should have the receipt or other written authorisation for the product or property with them each time and present it when requested at the inspection.


Those who do not want their bag or vehicle to be inspected have the choice not to bring them on to a Dairy Farmers site.


Where on Site will Inspections Take Place?


This is a matter appropriately dealt with at each site.


What is the Frequency of Inspections?


Within the broad instructions Dairy Farmers will provide to security contractors that the inspections are to be unprogrammed and random, the searches may take place daily on each shift.


Any person who has an issue with the inspection procedures, such as that they are subjective, may process that issue through the settlement of disputes procedure as set out in clause 40 of this Award.


Record of Inspections


No record of inspections will be kept other than when the inspection took place, where the inspection took place, the approximate number of people subject to the inspection and any matter that the security contractor reported to Dairy Farmers.


Payment for Time Taken for Inspection


As the expected time taken for an inspection will be very short, no additional payment will be made for the time involved, provided that an employee who is kept waiting for a period greater than 8 minutes from the time they arrive at the inspection point will be paid for that time at ordinary time rates.  As employees and others become more familiar with the inspections, they will know to have their bag open with an unobstructed view of the contents available to the security guard, and also to have their vehicles in similar readiness so as to avoid delay.  A sufficient number of guards will be conducting the inspections so that queues do not form and delay is avoided.



P. J. CONNOR, Commissioner.






Printed by the authority of the Industrial Registrar.

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