NESTLE PURINA PETCARE, BLAYNEY (STATE) ENTERPRISE AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Nestle
Purina Pet Care.
(No. IRC 977 of 2003)
|
Before Commissioner
Ritchie
|
26 March 2003
|
AWARD
1. Title
This Award shall be referred to as the Nestle Purina
Petcare, Blayney (State) Enterprise Award
2. Arrangement
Clause No. Subject Matter
21. Anti-Discrimination
2. Arrangement
12. Career Path
Work Grades
9. Conditions
of Employment
6. Consultation
and Communication
18. Definitions
10. Entitlements
8. Grievance
Procedure
3. Incidence
of Award
17. No Extra
Claims
5. Operation
of Award
11. Parental
Leave (Unpaid)
4. Parties
Bound
19. Production
Work by Other Parties
14. Productivity
16. Right of
Entry
22. Superannuation
1. Title
7. Training
20. Union
Recognition Clause
15. Wage
Increases
13. Wage Rates
Appendix 1 - RDO Interim Agreement
Appendix 2 - Classification and training structure
Appendix 3 - Wage Rates
3. Incidence of Award
This award shall apply to, Nestle Purina Petcare New South
Wales, and any employee of Nestle Purina Petcare whose place of employment is at
Blayney, NSW, and whose work is, or is in connection with, the manufacture, or
preparation, or storage for sale of:
(a) Condiments and
cereal foods, and all other articles, goods and preparations usually or
commonly known as grocers' sundries, including arrowroot, baking powder,
barley, bicarbonate of soda, bird seed, borax, brose meal, caraway seeds,
cassia, caster sugar, chicory, chicorine chillies, chocolate, cinnamon, citric
acid, citron peel, cloves, cocoa, coffee, coffee essence, coriander seed, cornflour,
cornina, cream of tartar, cumin seed, curry powder, custard powder, corpas oil,
condensed milk, desiccated coconut, digestive meal, dry pet food, epsom salts,
fennel, fenugreek, flavouring, essences, graham flour, groats, ginger, haricot
beans, hommell, hemp seed, icing sugar, jellies, lemon peel, lentils, linseed
meal, linseed macaroni, mace, magnesia, meal wheat, malt preparations, maize
meal, millet seed, mustard, nutmegs, oatmeal, oats, orange peel, peas, pepper,
pimento, patent foods, rape seed, rice sago, sago flour, self raising flour,
spices, semolina, sulphur, tapioca, tartaric acid, vermicelli, wet pet food.
(b) Glucose and
all products of maize, and all other similar or allied preparations, goods and
articles to any of the above mentioned preparations, goods or articles, and
irrespective of whether the said employees are members of the union or not.
4. Parties Bound
This award shall be binding upon:
The National Union of Workers, New South Wales Branch,
And
Nestle Purina Petcare (ABN 77 000 011 316)
5. Operation of Award
This award shall come into operation on and from 1 January
2003and shall continue in force for a period of three years.
Changes to employment conditions and the first wage
adjustment will operate from the first day of January 2003 and payments will be made once the Award has been made by
the Industrial Relations Commission of New South Wales ("The
Commission").
This award rescinds and replaces Friskies Pet Care, Blayney
(State) Enterprise Award published 27 July 2001 (326 I.G. 588)
6. Consultation and
Communication
There is a continuing commitment by the Company to
communicate with employees and to involve employees in making decisions which
affect the workplace.
There is a commitment by employees to avoid work stoppages,
bans and limitations and to resolve grievances by using the procedure set out
elsewhere in this Award.
These joint commitments are aimed at having all Company
employees work together to improve product quality, work performance, work
conditions and productivity.
The formal Consultative Committee process continues and that
process will consider, among other things:
appropriate work procedures and practices.
skill related career paths and multi skilling
arrangements.
ways of improving flexibility, productivity and
efficiency of the factory.
Regular briefing group meetings will be a continuing feature
of the communication process.
7. Training
(a) The company
and employees agree to a commitment to ongoing employee development and
training in order to continually improve productivity and efficiency, and at
the same time, encourage personal development, motivation, and self esteem.
(b) When an
employee has been given at least seven (7) days notice that employee will
attend compulsory training sessions.
(Exceptional circumstances may preclude compulsory attendance).
(c) Where a
compulsory training session is between one (1) and three (3) hours duration an
employee will be paid for actual attended hours and the minimum four (4) hour
call will not apply. In addition [for training sessions of less than four (4)
hours] the employee will be paid the customary per kilometre allowance
currently paid to employees attending meetings.
8. Grievance Procedure
In order to avoid industrial action in relation to any
grievance or dispute, the parties to the grievance or dispute will take all
reasonable steps to ensure that the following procedure is followed responsibly
and expeditiously:
(a) If an employee
has any problem or concern in relation to an aspect of employment, the employee
shall in the first instance discuss the matter with the employee's supervisor
who will endeavour to resolve the issue expeditiously.
(b) Any unresolved
matter shall then be referred to the department head. This can be done by the employee or the employee and a union job
delegate.
(c) Should the
dispute still remain unresolved, appropriate assistance should then be sought
from the plant manager and, if necessary, an official of the union concerned.
(d) In the event
of no agreement being reached, the dispute shall be referred to the Commission.
Where a dispute involves either party seeking to change an
existing agreement or practice, the existing condition shall continue to
prevail either until the dispute is resolved or until the parties have
exhausted all steps in the above procedure. A decision made by the Commission
shall, subject to rights of appeal, determine the dispute.
9. Conditions of
Employment
(a) Contract of
Employment
The parties agree to comply with the conditions
contained in this award, any agreements to changes reached with the employee
and/or the union and company policies and procedures which have been properly
conveyed to employees.
(b) Engagement
Employees may be engaged as:
(i) Casual, or
(ii) Weekly, on a
full time or part time basis,
on either day work, five day shift work or seven day
shift work.
This shall not prevent a weekly employee being engaged
on an employment contract for a fixed period.
In the case of permanent employees the engagement shall
be subject to a three month probationary period, during which performance will
be reviewed and if not to the satisfaction of the employer the employee's
service will be terminated with notice (see paragraph (c)(i) hereof).
Provided that casual employment for full weekly hours
shall be counted as part of the probationary period.
Any employee having completed a three month probationary
period whose employment is terminated and who is then subsequently re-engaged
within a six month period will not lose entitlement to sick leave and long
service leave accrued during the probationary period and will not be subject to
a further probationary period.
(c) Termination of
Employment with Notice:
(i) Casual
employees - either party may terminate employment with one hour's notice or by
payment of one hour's wages in lieu thereof.
(ii) Permanent
employees - employment may be terminated by either party with the following
notice, or by payment or forfeiture of wages in lieu, for part or all of the
notice not given or worked:
|
Period of
Continuous Service
|
Period of Notice
|
|
1 year or less
|
1 week
|
|
1 year and up to the completion of 3 years
|
2 weeks
|
|
3 years and up to the completion of 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
In addition, employees over 45 years of age at the time
of giving notice with not less than two years' continuous service, shall be
entitled to an additional week's notice.
(d) Termination of
Employment Without Notice
(i) Employment
may be terminated without notice for serious or wilful misconduct.
(e) For acts of
minor misconduct or minor breaches of safety and health requirements the
following procedure will be adopted:
(i) A reprimand
will be used when fully trained employee has a lapse in performance e.g.
lateness absenteeism or breach of Plant rules.
(ii) A First or
verbal warning follows at least one reprimand and will clearly imply that more
drastic action will follow further incidents of poor performance or
unacceptable behaviour.
(iii) A written
warning will follow the verbal warning and will clearly state that further
disciplinary action will occur if poor performance or unacceptable behaviour
continues.
(iv) Final written
warning follows a written warning and is a last chance; confirmation will be
given in writing.
(v) Notice of
dismissal - Dismissal will occur following a further breach of conduct after a
final warning has been issued.
(vi) If an employee
has only one warning in their file within a twelve month period then that
warning will be removed from their file
(vii) An employee
may have a Union delegate or another employee of their choice present during
this process.
(f) Stand Down
(i) The employer
recognises that every effort shall be made to provide an employee with a full
week's work for each week of the year. However, the employer shall have the
right to deduct payment for any day the employee cannot be usefully employed
because of any strike, or through any substantial breakdown, or any stoppages
of work for any cause for which the employer cannot be reasonably held responsible.
(ii) Where the
company stands down employees, pursuant to the provisions of subclause (i)
those employees shall be paid for the balance of the shift on which they are
working when notified of stand down.
(iii) If an
employee is not notified of a stand-down either at work on a previous shift, or
at home, and reports for work the employee will be paid for that full shift.
(g) Abandonment of
Employment
(i) The absence
of an employee from work for a continuous period of three working days without
notification to the employer will be prima-facie evidence of abandonment of
employment.
(ii) Provided that
if within fourteen days of the last attendance at work the employee can
establish that the failure to notify was due to circumstances beyond that employee's
control, such abandonment shall not have occurred.
(h) Work to be
Performed
(i) All employees
agree to work as directed and the Company will comply with Occupational Health
and Safety and other legal requirements. Such direction shall take into account
the employee's skills competence and training and shall include, where
appropriate, the use of tools and equipment. Such direction shall not be aimed
at promoting de-skilling.
(ii) An employee,
who accepts nomination by the company, shall become a member of the emergency
team and shall attend training sessions as directed. All employees who are
members of the ERT shall be available to perform five and seven day shift work
if so required by the company.
(i) Ordinary
Hours of Work
(i) During the period
of the award a formalised review group and process will be established to
consider shift pattern alternatives (8 hours permanent cycle shifts) including
impact on personal, family life and work performance.
(ii) Ordinary
hours of work shall be scheduled not to exceed an average of 38 hours per week
in any work cycle.
(iii) Except for a
meal break, no employee shall be required to work his ordinary hours of any one
day in broken periods.
(iv) For a 10 and
12 hour shift workers at least ten hours shall lapse between an employee’s
ordinary hours of work on one day or shift and the next. Any absence to enable
the ten hour break to occur shall be without loss of pay. If the employee is
instructed to return to work without the ten hour break he/she is to be paid at
overtime rates until released for a ten hour break.
(v) For other
employees at least eight hours shall lapse between an employee's ordinary hours
of work on one day or shift and the next. Any absence to enable the eight hour
break to occur shall be without loss of pay. If the employee is instructed to
return to work without the eight hour break he/she is to be paid at overtime
rates until released for an eight hour break.
(vi) The employer
shall in consultation with employees establish the ordinary hours for day work
and for day shifts and other shifts. The employer shall prepare a roster
setting out the commencing times of ordinary working hours of shifts and those
times shall be as regular as practicable.
(vii) The shift
roster (i.e. roster sequence, shift hours and days) may be altered at any time
by mutual agreement. Where agreement is not reached, the following notice
periods shall be given:
1. Seven days'
notice where the roster is temporarily altered or where an employee temporarily
changes shifts in the roster for training purposes or to relieve an absent
employee; if because of circumstances beyond the control of the employer seven
days' notice cannot be given the first shift worked shall be paid at double
rates.
2. Twenty eight
days’ notice where the shift roster is permanently altered or where an employee
changes shifts in the roster permanently.
(viii) Employees
undertake to be at their appropriate workplace to commence work at their nominated
start time and to work until their nominated finish time.
(ix) Ordinary hours
work shall be restricted to a maximum of twelve hours in any one day and
further restricted for day workers and five day shiftworkers as outlined in the
definitions (see clause 18 of this award).
The roster shall be drawn up so as to accumulate a
maximum of two hours per week towards an RDO, averaged over the roster cycle.
The company and the union agree to investigate and
confer upon shift patterns during the life of this award.
(j) Rostered Days
Off (RDO's):
(i) Where in any
particular week in a roster cycle, ordinary hours are more or less than 38, an
adjustment shall not be made to that week's pay. Instead, the additional hours
or shortfall shall be credited or debited as the case may be, to the employee's
accumulated entitlement to rostered days off.
Such entitlement may be accumulated by the employee up to a maximum of
100 hours. The company and union agree
to co-operate in the management of total hours.
(ii) The
accumulated time shall be taken by the employee as a rostered day off.
(RDO). Such an RDO shall be taken at a
time or times mutually agreed upon and shall be paid for as if the employee had
worked the scheduled ordinary hours for that day. Similarly the accumulated time shall be reduced by the scheduled
ordinary hours for that day.
(iii) An employee
who works on an RDO may choose to be paid for the RDO plus overtime rates for
the time worked, or be granted a substitute day at a mutually agreed time.
(iv) On application
to the company accrued RDOs may be paid out at ordinary time.
(k) Accumulated
Days Off (ADO's)
(i) By mutual
formal agreement between management and the employee overtime hours worked may
be credited to an employees ADO bank for a specified purpose on the following
basis.
Base hours credited to ADO accrual at ordinary time
Penalty payment for overtime hours shall not be accrued
and will be paid in the current pay period
(l) Meal Breaks
and Rest Periods
(i) All employees
other than shift workers shall be entitled to the following breaks including
washing and walking time:
1. A 30 minute
unpaid meal break to be granted within six hours of the employee's scheduled
ordinary starting time.
2. Two additional
rest periods, paid for and counted as time worked, each of 15 minutes duration,
to be taken one prior to and one after the meal break on each eight hour shift.
3. An employee
who returns to work during their meal break, at the request of the company,
shall be paid a 30 minute penalty payment. Such employee will be entitled to a
30 minute meal break after carrying out the requested work.
(ii) Shift workers
shall be entitled to the following breaks including washing and walking time:
1. A 30 minute
paid meal break to be granted within six hours of the employees scheduled
ordinary starting time.
2. Three
additional rest periods for 12 hour shift workers and 2 additional rest periods
for 8 - 10 hour shift workers shall be, paid for and counted as time worked,
each of 15 minutes duration with at least one break taken prior to and one
break taken after the meal break on each shift.
3. An employee
who returns to work during their meal break at the request of the Company will
be entitled to a 30 minute meal break after carrying out the requested work.
(iii) In
consideration of the 30 minute paid meal break provision, employees on shifts
will:
1. Remain on site
during the paid breaks. If an employee wishes to leave the site during a meal
break, they must inform the Supervisor prior to leaving the site, and no
payment will be made for the break.
2. Handover to
the next shift on the job. Notwithstanding clause 9 (i) (viii), all employees
covered by this award will be present and conduct a handover to the next shift
on the job. This will include all incoming employees being at their workstation
no later than 5 minutes before their rostered shift commences. The company will
issue guidelines as to how to conduct an effective handover. This 5 minutes is
unpaid time.
3. Notify a
supervisor if a shift relief employee has not reported to take over the job.
(iv) The company
may stagger and alter the times of breaks and rest periods in order to maintain
production and to ensure continuous production through meal breaks and rest
periods by the use of relief employees.
(m) Overtime
(i) An employee
shall be required to work reasonable overtime.
(ii) Any time
worked in excess of the scheduled ordinary hours on any one day shall be
overtime.
(iii) Where an employee
is required to work overtime not continuous with the completion or commencement
of his or her ordinary scheduled work hours he or she shall be employed and
paid for a minimum period of four hours at the overtime rate and work may be
allotted to fulfil this four hours. This work may be in another department to
one normally worked in.
Provided that at the employee's request he or she may
be released from duty and paid for the actual time worked at overtime rates.
(iv) A 10 or 12
hour shift worker works more than three hours' overtime on site on call back
continuous with the completion of or his or her scheduled ordinary working
hours the employee shall be allowed a minimum of ten continuous hours' break
prior to resuming work.
In the event of a call back such ten hour break may
occur or may be granted either between the completion of ordinary working hours
and the commencement of the call back period or at the end of the call back
period.
Any absence to enable the ten hour break to occur shall
be without loss of pay. If the employee is instructed to return to work without
the ten hour break he/she is to be paid an additional amount of ordinary time
until released for a ten hour break.
(v) Where other
employees work more than three hours' overtime on site on call back continuous
with the completion of or his or her scheduled ordinary working hours the
employee shall be allowed a minimum of eight continuous hours' break prior to
resuming work.
In the event of a call back such eight hour break may
occur or may be granted either between the completion of ordinary working hours
and the commencement of the call back period or at the end of the call back
period.
Any absence to enable the ten hour break to occur shall
be without loss of pay. If the employee is instructed to return to work without
the eight hour break he/she is to be paid an additional amount of ordinary time
until released for an eight hour break.
(vi) All overtime
must be authorised. Unauthorised overtime will not be paid.
(vii) When the
period of overtime requires an employee to work for more than four hours since
the employee's last meal break or rest period, the employee shall be granted a
fifteen minute crib break which shall be paid as time worked.
(viii) By mutual
formal agreement between management and employee overtime hours worked may be
credited to an employees ADO bank on the following basis:
Overtime base hours worked credited to ADO accrual at
ordinary time.
Penalty payment for overtime hours worked shall not be accrued
and will be paid in the current pay period.
10. Entitlements
(a) The following
entitlements will be allowed for all permanent full-time employees:
(i) Permanent
part-time employees will receive pro rata payment for leave entitlements
dependent on the proportion of the average number of hours worked per week to
38 hours.
(ii) Casual
employees are not entitled to payment for leave entitlements other than for
annual leave.
(b) Public
Holidays
(i) The following
days shall be public holidays for the purposes of this award:
New Year's Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas
Day, Boxing Day, Picnic Day and any other day gazetted or proclaimed as a
public holiday for the State or locality, in which a factory to which this
award applies, is located.
(ii) It may be
mutually agreed with an employee or all employees that a day other than the
gazetted day be nominated and observed as the holiday.
(iii) Picnic Day
shall be allowed and observed on a mutually agreed day.
(c) Annual Leave
(i) The
provisions of the Annual Holidays Act
1944, which allows for four weeks' annual leave per annum shall apply.
(ii) Three (3)
months’ notice shall be given of any planned shutdown. A shorter period of
notice may be given following consultation between the company and the
employees concerned.
(iii) Seven day
shift work employees shall have an additional annual leave entitlement of one
week's leave.
(iv) An employee will
retain Annual/RDO/ADO leave of two weeks for five day employees and 3 weeks for
7 day employees to be taken in conjunction with planned shutdowns. In the case,
where, over the period of a calendar year, the planned shutdowns do not require
the total utilisation of reserved annual leave, the residual leave will revert
back to the employee to be taken during that year, or in a subsequent year at a
time mutually agreed between the employer and employee concerned."
(v) Employees will
normally take whatever leave is required to cover plant shutdown periods.
Should an employee have insufficient leave to cover the period, every effort
will be made to find work for the employee during that time.
(vi) One week's
annual leave is a week comprising 38 hours and an employee shall receive 38
hours' ordinary pay for each week of annual leave irrespective of that
employee's shift roster cycle. The number of hours to be deducted from the
employee's annual leave entitlement will be those hours due to be worked
according to the roster applying when the leave is taken. Any difference
between rostered hours and 38 hours will be debited or credited, as the case
may be, to the employee's accumulated RDO hours in such a way that the
accumulated hours balance shall not be negative at the end of the roster cycle.
(vii) Employees who
transfer between 5 day shift and 7 day shift rosters (and vice versa) are
entitled to have their different work patterns taken into account when annual
leave loading is calculated.
Employees' leave loading shall be calculated on a
pro-rata basis taking into account the varying shift patterns worked in the
qualifying period for annual leave.
(viii) Annual leave
will be used for the appropriate purpose. Leave will begin from the starting
time of the first rostered shift off on annual leave and will cease at the
commencement time of the first rostered shift after the annual leave
period. No overtime will be worked by
an employee during a period of annual leave.
(d) Long Service
Leave
(i) Up to 31 December
2001 leave will accrue at the rate of 0.866 week per year of service. (13 weeks
after 15 years service).
(ii) From 1
January 2002 leave will accrue at the rate of 1.3 weeks per year of service (13
weeks after 10 years service).
(iii) From 1 January
2002 pro rata leave will be available after the completion of 7 years service.
(iv) The remaining
provisions of the appropriate Long
Service Leave Act 1955 relating to long service leave shall apply.
(e) Sick Leave
(i) Employees
will be entitled to 38 hours sick leave in the first year of service and 76
hours per year of service thereafter.
(ii) Sick leave
may only be claimed upon the production of suitable evidence to support the
claim. The company may require evidence in the form of a certificate from a
medical practitioner.
(iii) Sick leave
may not be claimed for an RDO, or where a worker is entitled to workers
compensation payments.
(iv) Sick leave may
not be claimed during periods of other leave, but may be claimed in lieu of annual
leave where an employee produces a medical certificate proving that he/she was
unfit to perform normal duties for a period of five or more consecutive days
during his period of annual leave.
(v) Where an
employee is absent from his/her rostered shift immediately prior to or
following a public holiday or RDO a medical certificate or statutory
declaration must be produced providing reasons for the absence, otherwise no
sick leave may be claimed.
(vi) Unclaimed sick
leave will be fully cumulative.
(vii) Sick leave may
also be used, where available, to enable an employee to provide care or support
for an immediate family member.
An application for leave of this nature must be
supported by the same suitable evidence as would apply to an absence by the employee.
(f) Bereavement
Leave
Employees shall be entitled to a maximum of three days
of bereavement leave without loss of pay on the production of satisfactory
evidence on occasion of the death of any one of the following family members:
Husband or wife including de facto; father, stepfather
or father-in-law; mother, stepmother or mother-in-law; brother or stepbrother;
sister or stepsister; child or stepchild; grandmother or grandfather or
grandchild.
(g) Jury Duty
Employees, excluding casual employees, required to
perform jury service during his or her scheduled ordinary work hours shall be
granted leave of absence without loss of pay but shall in turn be required to
reimburse the company all jury fees received.
(h) Trade Union
Training
Union job delegates may without loss of pay be allowed
once per annum up to five days' absence, or once per two years up to ten days'
absence, to attend agreed trade union training courses at an agreed time. Such
requests must be made in advance as agreed between the parties.
(i) Protective
Clothing
(i) The company
will provide all employees with suitable protective clothing, footwear and
equipment as may be necessary in the course of the employee's job.
(ii) The company will
launder and replace as necessary protective clothing at its own expense and
will replace protective footwear and equipment as necessary upon return of used
items.
(iii) Employees
undertake to wear all such issued protective clothing, footwear and equipment
as instructed and necessary in the course of their duties and to take
reasonable care of such items.
(iv) Such equipment
is not to be removed from site unless so authorised by the company.
11. Parental Leave
(Unpaid)
Employees shall be entitled to Parental Leave in accordance
with the relevant decision of the Commission.
12. Career Path Work
Levels
A training and classification system, based upon operational
needs has been developed. The levels of work and proficiency requirements are
set out in Appendix II of this Award.
The classification structure is reflected in a wage system
which recognises and rewards employees’ applied skills, abilities and
performance, in line with the needs of the business.
13. Wage Rates
(a) Wage Rates
Employees shall be classified in accordance with the
following structure and shall be paid the rates of pay set out in Appendix 3 to
this Award:
|
Product Technicians
|
Mechanical
Tradespersons
|
Electrical
Tradespersons
|
|
(Production/Resources/Kennels/QA)
|
|
|
|
Level 1
|
Grade 4
|
Grade 4
|
|
Level 2
|
Grade 3
|
Grade 3
|
|
Level 3
|
Grade 2
|
Grade 2
|
|
Level 4
|
Grade 1
|
Grade 1
|
|
Level 5A
|
Senior B
|
Senior B
|
|
Level 5B
|
Senior A
|
Senior A
|
(b) All remuneration
will be based on a composite wage rate. This rate will be calculated for each
individual employee by adding together the employee's grade wage rate (GWR) and
the all purpose allowances to which that employee is entitled. This composite
wage rate will be called employee's gross rate (EGR). The GWR's are inclusive
of all allowances of any nature except those specified in subclause (e) hereof.
(c) Apprentices
The minimum rates of wages to be paid to apprentices
shall be as follows:
|
|
Percentage of
weekly rate prescribed
|
|
Year
|
for Tradesperson
base rate
|
|
|
%
|
|
1
|
50
|
|
2
|
65
|
|
3
|
80
|
|
4
|
92
|
(d) Casual and
Part Time Employees
(i) Casuals will be
employed after consultation with the Union. Where casuals are employed the
following will apply:
In the case of casual employees GWR's will be increased
by 20% for all purposes.
A casual employee called in to work shall be provided
with a minimum of 4 hours' work
(ii) The parties
recognise the need to use casual employees to cover site requirements. Casual
employees will not replace, on a permanent basis, full time employees. Where a
casual has been engaged for a period greater than 6 months, management and
delegates will review the cause and nature of the position which the casual has
filled.
(iii) Part time
employees shall be paid a proportion of the weekly rate based on the proportion
of the average scheduled ordinary hours worked per week to thirty-eight.
(e) Allowances
(i) Emergency
team allowance - all employees appointed by the company to serve on the
emergency team shall be paid an allowance based on 1.5% of Senior A Electrician
GWR. This allowance is not for all purposes.
(ii) First aid allowance
- all employees suitably qualified and appointed by the company to administer
first aid shall be paid an allowance based on 2% of Senior A Electrician GWR.
This allowance is not for all purposes.
(iii) Confined
space allowance - all employees suitably trained and qualified and appointed by
the company for Confined Space activities shall be paid an allowance based on
2% of Senior A Electrician GWR. This allowance would be withdrawn if the
qualification or need lapses.
(iv) All
shiftworkers shall be paid allowances for all purposes based on the employee's
relevant GWR as follows:
|
|
|
Percentage
|
|
(1) Five day shiftworkers:
|
On morning shifts
|
5
|
|
|
On afternoon shifts
|
15
|
|
|
On night shifts
|
25
|
|
(2) Seven day shiftworkers:
|
On morning shifts
|
20
|
|
|
On afternoon shifts
|
30
|
|
|
On night shifts
|
40
|
|
(3) In the case of shiftworkers on regularly rotating or
alternating shifts an average allowance
|
|
based on the shifts involved will
be paid for all purposes in lieu of the above allowances.
|
(f) Overtime
(i) Time worked
in excess of scheduled ordinary time is overtime and shall be paid for at a
rate of 150% of the EGR for the first two hours worked and 200% of the EGR for
the time worked thereafter on any one day.
The appropriate shift penalty will apply.
(ii) Where
overtime extends from one day into the next, such a period of overtime shall
all be regarded as having been worked on the first calendar day for payment
purposes.
(iii) Employees who
work on public holidays, whether rostered to work or not, will be paid triple
time or, by mutual agreement, double time plus one day in lieu which will be
credited to the ADO bank.
(g) Annual Leave
and Long Service Leave
(i) Casual
employees will receive an additional payment of 1/12 of the hourly EGR for each
hour of ordinary time worked in lieu of annual leave and do not receive long
service leave.
(ii) Full time
permanent employees, will receive leave payments based on the employees rosters
operating at the time leave is taken. Annual leave will be paid at 117.5% of
the EGR.
Part-time permanent employees, will receive pro rata
payment per week of leave based on the EGR times the proportion of the average
number of scheduled ordinary hours worked per week to 38, and in the case of
annual leave will be paid at 117.5% of the EGR.
(h) Other Forms of
Paid Leave
(i) Casual
employees are not entitled to payment for other forms of leave.
(ii) Permanent
part-time and full-time employees will receive 1 hour's pay based on the hourly
EGR for each hour of scheduled ordinary time from which the employee is absent.
Records will be reduced by a corresponding amount of time.
(i) Public
Holidays
(i) A casual
employee will not be paid for a public holiday unless the employee works such
holiday. In such cases a casual will be paid at double time, however, the
allowance set out in (d) (i) above shall not apply.
(ii) A day work or
5 day shift work employee will be paid:
7.6 hours pay if not rostered to work.
a full shift is pay if rostered to work but not
required to work.
Where such employees are required to work on a public
holiday payment shall be at the rate of triple time or, by mutual agreement,
double time plus one day in lieu which will be added to the ADO bank.
Part-time employees will be paid in the proportion of
the average number of scheduled ordinary hours worked per week to 38.
(iii) Seven day
shift workers will be paid for each public holiday falling on any day of the
week either triple time or, by mutual agreement, double time plus one day in
lieu which will be credited to the ADO bank, for public holidays, whether
rostered to work or not.
If not rostered to work - paid 7.6 hours.
If rostered to work but not required to work - a full
shift's pay.
[Note: For the purposes of sub-clauses (ii) and (iii)
"a full shift's pay" will be the hours worked depending upon the
relevant shift roster.]
(iv) Employees recognise
that if their rosters include work on public holidays they have an obligation
to work if so requested.
(j) Workers
Compensation
The provisions of the Workplace
Injury Management and Workers Compensation Act 1988 appropriate shall
apply.
(k) Time Record
Every employee shall use the electronic access system where
installed to the plant and thus establish their attendance to/absence from the
site. This will be linked to a time and
attendance system for improved payroll processing and accuracy.
Note: Punctuality
issues will be dealt with via the disciplinary process
(l) Payment of
Wages
All employees will be paid weekly by direct deposit not more
than three days in arrears into a bank or building society account, within the
state of employment, nominated by the employee.
14. Productivity
(a) During the
operation of the award the Consultative Committee and delegates with the
involvement of employees will develop key performance indicators to assist in
monitoring productivity improvements.
(b) The overall
aim of this exercise is to make the company competitive thus ensuring the long
term security of employment and viability of its operations.
(c) Performance
will be reviewed on a regular basis with employees through the consultative
arrangement and coordinated by the Consultative Committee and delegates.
15. Wage Increases
(i) The following
wage schedule increases will apply:
|
|
% Increase
|
Effective
|
|
Year 1
|
2
|
1 January 2003
|
|
|
3
|
1 July 2003
|
|
Year 2
|
2
|
1 January 2004
|
|
|
2
|
1 July 2004
|
|
Year 3
|
2
|
1 January 2005
|
|
|
3
|
1 July 2005
|
These wage increases are contingent upon the fulfilment
of the criteria listed in clause 15(ii)
(ii) Criteria For
Wage Increase
1. The continued improved
performance payments are subject to agreement at the Factory that continuous
improvement in the Factory performance is occurring. Evidence of this will be
as follows:
(a) Positive
movement in the Factory's KPIs.
(b) Agreement by
all parties of changes required to improve the business.
(c) The resolution
of disputes through and by adherence to the disputes procedure.
(d) Satisfactory
performance of the site training and consultative processes.
(e) Other issues
that may be raised by Employees, the Union or the Company.
(f) No extra
claims for wages or conditions made on the Company.
2. This evidence
shall be considered at the Factory 3 months prior to the due date and where
progress is unsatisfactory, the reasons for this will be examined and a plan
put in place to correct any problems.
3. Where, on the
due date, performance is still unsatisfactory, the Company reserves its right
to defer a payment for a period.
Where, the Union disagrees with this decision it can pursue
the issue through the disputes procedure.
(iii) Increase for
Handovers:
Further, in recognition of effective handovers, a
further 1% wage increase shall apply. This wage increase shall be effective
from 1 January 2003.
16. Right of Entry
Officials of the National Union of Workers, NSW Branch,
holding current accreditation shall be permitted at reasonable times and by
prior arrangement with the employer to enter the employer's premises without
disturbing the normal production processes for the purposes of interviewing
members and conferring with the employer and other purposes authorised under
the Industrial Relations Act 1996.
17. No Extra Claims
No claim will be made except where consistent with the Principles
issued from time to time, by the Commission. This shall not prevent claims
being made within two months of the expiration of this award for the purpose of
negotiating a new award.
18. Definitions
(i) Casual
employee is one hired as required by the hour.
(ii) Weekly paid
employee is:
(a) One whose
ordinary scheduled hours of work average 38 hours per week;
(b) A part-time
employee whose ordinary scheduled hours of work average a fixed number less
than 38 hours per week.
(iii) Day work employee
is one whose ordinary scheduled hours of work fall between 7.00 am and 8.30pm,
Monday to Friday inclusive.
(iv) Five day
shiftwork employee is one whose ordinary scheduled hours of work commence
anytime, Monday to Friday inclusive.
(v) Seven day
shiftwork employee is one whose ordinary scheduled hours of work commence any
time, any day of the week.
(vi) Afternoon
shift is a shift where the scheduled ordinary hours of work finish after 7.00pm
and at, or before, 2.00 am.
(vii) Night shift is
a shift where the scheduled ordinary hours of work finish after 2.00 am and at
or before 10.00 am, or where the scheduled ordinary hours of work commence
between 7.00pm and before 7.00 am.
(viii) Morning shift
is a shift where the scheduled ordinary hours of work finish after 12.00 noon
and at, or before, 7.00pm, except where such scheduled ordinary hours commence
after 7.00pm and before 7.00 am.
(ix) "Mechanical
or "Electrical Tradesperson" means an employee mainly engaged in the
installation and maintenance of the plant.
(x) "Scheduled
ordinary hours of work" may be changed through mutual agreement between
the Company, the Union and the employees affected. Any such mutual agreement
shall be contained in an exchange of letters between the company and the union.
19. Production Work
By Other Parties
Where production is to be done by co-manufacturers or
co-packers, the Company will advise the employer they are required to comply
with appropriate award requirements.
There shall be consultation between site management and
employees in conjunction with delegates over the use of co-manufacturers or
co-packers to perform work at the factory. Where the work is to be performed on
site, such employers shall be notified their employees are to be paid at least
equivalent to current site rates.
20. Union Recognition
Clause
(a) All employees
subject to this award shall be given the opportunity to join the NUW.
(b) All new
employees shall be introduced to their shift NUW delegate during induction.
(c) Upon authorisation
by the employee, the Company shall deduct union levies from the employee’s pay.
21.
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.
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."
22. Superannuation
Following advice from the individual employee, employer
superannuation contributions in respect of Occupational Superannuation may be
made to the following funds:
Nestle Australia Group Superannuation Fund (NAGSF)
Labour Union C0-operative Retirement Fund (LUCREF)
Superannuation Trust of Australia (STA)
Clerical Administrative and Related Employees
Superannuation Fund (CARE)
Meat Industry Employees Superannuation Fund (MIESF)
Or any other fund agreed to by the employer and an employee.
Appendix 1
RDO Interim Agreement
Commencing January 1 2003, the parties to this Award agree
to the following:
(i) A roster
cycling/operating over 3 weeks at 12 hours per shift and averaging 38 hours per
week.
(ii) Using the current
roster employees will finish work after 6 hours on the Friday night shift to
average their 38 hours per week. Any time worked in excess of the 38 hour
average will be paid as overtime.
(iii) The roster in
(i) and (ii) will operate for a 3 monthly period, after which it will be
reviewed by the company and employees. This review process may occur at the
request of either party and will involve but not be limited to the following
considerations:
Current and projected volumes - in particular the number
of operational days to meet forecasts and;
Past, current and projected overtime and levels.
Should the arrangements outlined in (i) and (ii) above
come to an end, conditions will revert to Award provisions.
(iv) Where mutual
agreement is not reached by either party after the three month trial,
conditions will revert to Award provisions.
(v) With respect
to RDO’s and rostering, nothing in the foregoing subclauses prevents the
majority of employees and the company from reaching an alternative arrangement
within the scope of this Award, by agreement.
Appendix 2
Guidelines Relating To The Blayney Training Plan And Classification
Levels (2002)
The Levels
Level 1
Defined as the initial probationary period for a new
employee. An employee at this level must complete Core Units. After induction
is completed, a Level 1 employee can be doing prep training for a Level 2
proficiency already identified.
An employee would nominally be on this level for a
period of 3 months prior to progression to next level.
Level 2
An employee at this level would be assessed proficient
in 1 operating job. Additional operating jobs will be assessed in preparation
for level 3. (*See note on prep training). All Level 2 Core units must be
completed.
An employee at this level will be required to train
others when requested in core units and proficiency.
Prep Training Level 2 - Training must fit into defined
training plan and is recorded by trainers as such.
An employee would nominally be on this level for a
period of 9 months prior to progression to next level.
Level 3
An employee at Level 3 would be assessed proficient in
3 operating jobs in accordance with a defined training plan. Additional
operating jobs may be assessed in preparation for level 4 (*See notes on Prep
training). All Level 3 core units must be completed.
An employee at this level will be required to train
others when requested in core units and proficiencies.
Prep Training Level 3 - Upon selection by Shift
Manager, in consultation with trainers and according to numbers approved by
management, prep training can be outside of area. This must fit into defined
training plan and is recorded by trainers as such. Training would fit into the
"L" plates/buddy training category.
There is no nominal duration at this level, as
progression to the next level is based upon: (1) availability of role(s); (2)
selection and appointment by company.
Level 4
A level 4 employee is company appointed. An employee at
this level would be assessed proficient in 5 operating jobs in accordance with
a defined training plan. (*See notes on prep training). All Level 4 Core units
must be completed. Significant blocks of time in relief operating positions.
All Level 3 requirements apply to a Level four position.
An employee at this level will be required to train
others when requested in core units and proficiencies.
Prep Training Level 4 - In addition to 5 operating
jobs, upon request from the individual and approved by the company, an
individual may undertake training to perform additional operating jobs in any
area.
There is no nominal duration period at this level as
progression to the next level is based upon: (1) availability of role(s); (2)
selection and appointment by company.
Level 5
A Level 5 employee is company appointed. The focus of
this role is leadership of people and coordination of resources and activities.
The role will also require operating & core tasks, in particular relieving.
An employee at this level will be required to train
others when requested in core units and proficiencies.
Prep Training Back-up - Work Coordinator. Must have 5
proficiencies identified. If you are currently back-up from outside the area
then your identified 5 proficiency matrix must include at least 2 proficiencies
identified from the area in which you are performing the back-up role.
Note:
Operators will have key focus and identified 2nd &
3rd jobs. These may be operating or pre-requisite tasks/functions and will
rotate after a defined period of time. This will enable the operator to achieve
stability in order to hone skills and provide a higher opportunity for him/her
to make a lasting and positive contribution to the workplace. This focus will
rotate in order to spread the opportunities in a planned way.
All the above is worded on the assumption that the bulk
of training is completed (say in 2yrs). Until then gap training plans need to
be allowed for.
Due to the specialised nature of the Pet Care Centre,
QA and Hygiene team roles, these are specifically defined.
A back up QA tech will be an identified proficiency as
part of the 3 or 5 proficiency matrix model as detailed in individual training
plans. That is "Back up QA Tech" is not the same role as a QA Tech.
For existing employees, training will take place in
operating jobs as detailed in individual training plans.
All levels can and/or will be required to perform
"basic pre-requisites" in any part of the factory's operation.
Typically the number of people in training over the
next year will be 3 people in packaging/logistics and 2 in manufacturing.
Typically there will be no more than 2 people on a shift on "L"
Plates, with the balance on "P" plates. (See notes on "L"
plates/ "P" plates).
"L" Plates / "P" Plates
Generally training will be divided into 2 approaches:
1. "L"
Plates - An employee learning a new skill will require focussed and
personalised support during the introductory stages. Generally this will
involve buddy training and immediate access to assistance for the trainee. Upon
successful assessment of "L" plate standard, the trainee will then
progress to "P" plate status.
2. "P"
Plates - This is predominantly on the job training that typically involves
detailed instruction, followed by periods of relatively independent application
to develop skills whilst maintaining access to trainers for advice and
guidance.
Typically 3 months to become proficient in an unfamiliar
operating job
Ongoing training - Commitment to Continuous Improvement.
From time to time Quality, Safety and Operating Knowledge standards develop
& improve. This will require ongoing and supplementary training and will
apply to all levels.
General Notes
All personnel will be given the opportunity to progress
to Level 3.
If a process in your 3 or 5 proficiency matrix is
removed then you will need to train in an additional proficiency as defined by
your new training plan.
Higher Duties allowance will be paid when performing
back-up Work Coordinator role only. Not whilst in training for this position.
Overtime. When
on O/T, an Individual must be assessed to at least "P-plate " status
before operating a line outside of his/her 3 or 5 proficiency matrix.
Level 3 proficiency’s can be across areas, but would
generally be across Packaging/ Logistics, Manufacturing/Milling.
Level 4 proficiency’s can be across areas, but would
generally be across Packaging/ Logistics, Manufacturing/Milling.
Pet care centre relief & Hygiene relief require
pre-requisite training for these areas prior to relieving.
APPENDIX 3
Wage Rates
|
Classification
|
Hourly
|
Weekly
|
Yearly
|
|
|
$
|
$
|
$
|
|
Level 1
|
17.2767
|
656.50
|
34138.52
|
|
Level 2
|
17.9131
|
680.70
|
35396.40
|
|
Level 3
|
18.6388
|
708.27
|
36830.04
|
|
Level 4
|
20.0025
|
760.10
|
39525.20
|
|
Level 5A
|
21.5277
|
818.05
|
42538.60
|
|
Level 5B
|
23.6805
|
900.03
|
46801.56
|
|
Fitters
|
|
|
|
|
Grade 4
|
20.1102
|
764.19
|
39737.88
|
|
Grade 3
|
20.9491
|
796.07
|
41395.64
|
|
Grade 2
|
21.5277
|
818.05
|
42538.60
|
|
Grade 1
|
22.6366
|
860.19
|
44729.88
|
|
Sen B
|
23.5087
|
893.33
|
46453.16
|
|
Sen A
|
24.4555
|
929.31
|
48324.12
|
|
Electrician
|
|
|
|
|
Grade 4
|
20.9491
|
796.07
|
41395.64
|
|
Grade 3
|
21.7899
|
828.02
|
43057.04
|
|
Grade 2
|
22.6366
|
860.19
|
44729.88
|
|
Grade 1
|
23.5140
|
893.53
|
46463.56
|
|
Sen B
|
24.3541
|
925.46
|
48123.92
|
|
Sen A
|
25.2956
|
961.23
|
49983.96
|
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.