ASTRAZENECA ENTERPRISE AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by AstraZeneca
Australia Pty Ltd.
(No. IRC 5504 of 2003)
|
Before The Honourable
Justice Staunton
|
17 October 2003
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AWARD
1. Title
This enterprise award shall be known as the AstraZeneca
Enterprise Award 2003.
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Parties Bound
4. Application of Award
5. Duration
6. Anti-Discrimination
7. Definitions
8. Not to be Used as a Precedent
9. No Claims during the Operation of this
Enterprise Award
10. Conflict Resolution and Avoidance of
Industrial Disputes
10.1 Objective
10.2 Guidelines
11. Workplace Skills Team
12. Skills-based Pay Schedule
12.1 Annualised Salaries
12.2 Classification Structure and Wage Rates
13. Conditions of Work
13.1 Hours of Work
13.1.1 Ordinary Hours
13.1.2 Shift Premiums
13.1.3 Overtime
13.1.4 Meal and Rest Breaks
13.1.5 Break between Shifts
13.1.6 Shift Patterns and Rosters
13.1.6.1 Standard
Nine Day Fortnight
13.1.6.2 12-hour
Shift Roster
13.1.6.3 5
x 8.5-Hour Shift Roster
13.1.6.4 4
x 10-Hour Shift
13.1.6.5 Time
in Lieu
13.1.6.6 Swapping
of Rosters/Shifts/Days of Work
13.2 Contract of Employment
13.3 Payment of Wages
13.4 General Conditions
13.5 Termination of Employment
13.6 Redundancy
14. Part-time Employees and Casual Employees
14.1 Part-time Employees
14.2 Casuals
15. The Union (AWU)
15.1 Union Membership
15.2 Union Delegate
15.3 Trade Union Training
16. Right of Entry
17. Leave Entitlements
17.1 Annual Leave
17.2 Sick Leave
17.2.1 Conditions of Sick Leave
17.2.2 Sick Leave Entitlement
17.2.3 Personal/Carer’s Leave
17.3 Award Holidays
17.4 Long Service Leave
17.5 Bereavement Leave
17.6 Parental Leave
17.7 Blood Donor Leave
17.8 Jury Service
18. Emergency Procedures Responsibility
19. Protection of Entitlements on Transfer of
the Business
20. Confirmation of Agreement
20.1 Award Renewal Team
3. Parties Bound
The parties to this award are:
AstraZeneca Pty Ltd ("the Company") in
respect of all of its manufacturing operations in New South Wales.
Those employees of AstraZeneca referred to in clause 4,
Application of Award.
The Australian Workers Union, New South Wales (AWU).
4. Application of Award
This award rescinds and replaces the AstraZeneca Enterprise
Award 2000 published 17 May 2002 (333 I.G. 587). This award prevails over any other industrial instrument which
would otherwise apply.
This award shall apply to all employees of AstraZeneca who
are employed in classifications set out in this award (refer to clause 7,
Definitions).
5.
Duration
This award shall take effect from the first full pay period
after 17 October 2003 and shall remain in force for a period of three years.
The parties agree that, 12 weeks prior to the expiry date of
the award, negotiations shall begin between the parties for the purpose of
making the new award.
6.
Anti-Discrimination
6.1 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 carer’s
responsibility.
6.2 It follows
that, in fulfilling their obligations under the conflict resolution procedure
prescribed by this award, the parties have obligations to the provisions of
this award are not directly or indirectly discriminatory in their effects. It will be consistent with 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.
6.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise a team member because the team member
has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
6.4 Nothing in
this clause is to be taken to affect:
6.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
6.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
6.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
6.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
6.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
6.6 Notes
6.6.1 The Company and
team members may also be subject to Commonwealth anti-discrimination
legislation.
6.6.2 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."
7. Definitions
All staff (team members) who are bound by the AstraZeneca
Skills-based Pay Schedule are bound by this award.
8.
Not to be Used as a Precedent
This award shall not be used in any manner whatsoever to
obtain similar arrangements or benefits in any other plant or enterprise.
9.
No Claims during the Operation of this Enterprise
Award
Apart from the matters which may be raised
during the development of a replacement award, during the nominal term of this
enterprise award the AWU and team members will not pursue any additional claims
against the Company with regard to wages or allowances or any other condition
of employment.
9.1 This
enterprise award will not be varied during its nominal term except in the following
circumstances:
to remove any uncertainty or ambiguity; or
to correct any error for the purpose of
carrying out the intention of this award and to express accurately its meaning;
or
where there is mutual agreement between the
parties to this enterprise award.
10. Conflict Resolution and Avoidance of
Industrial Disputes
10.1 Objective
The object of the procedure for the resolution of
conflict and the avoidance of industrial disputes shall be to promote the
resolution of disputes by measures based on consultation, co-operation and
discussion, and to avoid interruption to the performance of work and the
consequential loss of production and wages.
This procedure shall be facilitated by the earliest
possible advice by one party to the other of any issue or problem which may
give rise to a grievance or dispute.
Sensible time periods will be allowed between each step of this
procedure to ensure proper consideration of issues.
10.2 Guidelines
No industrial stoppage or industrial action will be
initiated without fully exhausting the dispute procedure set out in these
guidelines. Work is to continue
normally, reflecting the status quo immediately before the emergence of the
dispute, save for any genuine safety concerns.
All parties agree that the following guidelines will be
observed:
(1) In the event
that a team member(s) has a grievance, then it is agreed that the team
member(s) should attempt to resolve the grievance with their process team via
the existing ground rules and procedures.
(2) If the issue
has not been resolved, the matter will be referred to the Area Manager. The team member(s) may request that a team
member representative or union representative be present at these meeting(s).
(3) In the case of
a dispute in regard to skill levels, training or teams, the matter shall be
referred to the Workplace Skills Team.
A union delegate may be requested to attend Workplace Skills Team
disputes meetings.
(4) If the dispute
has not then been resolved, the team member representative or union
representative may request assistance from the AWU. The matter shall then be discussed between a management
representative of AstraZeneca and an appropriate officer of the AWU.
(5) In the event
that the issue is still unresolved, either party may seek the immediate
assistance of the New South Wales Industrial Relations Commission.
11.
Workplace Skills Team
The Workplace Skills Team (WST) will have, as its primary
role, the keeping of uniform and consistent standards across all manufacturing
areas, including the support areas. The
WST includes a wide representation of the workplace, with elected
representation of all processes and support teams. It also includes a senior management representative and union
representation.
The WST serves as a forum for all workplace issues,
including award/agreement negotiations/communication, safety, working
conditions and communication. The WST
will meet periodically throughout the calendar year or as required and will discuss
issues that have been presented to WST members. For issues that require resolution, WST will make a formal
recommendation to MLT (Manufacturing Lead Team) for approval. MLT will communicate their responses to all
proposals back to WST. Where
appropriate and at the discretion of management, MLT will utilise the WST group
to communicate pertinent information to the manufacturing award employees.
12.
Skills-based Pay Schedule
The Skills-based Pay Schedule is based upon the principle
that team members are compensated for skills acquired and used.
12.1 Annualised
Salaries
12.1.1 By
agreement in writing, a team member and the Company may enter into an
annualised salary system of payment for that team member.
In any system of annualised salary, the aggregation of
the entitlements in this award into an annualised salary will remunerate a team
member for no less than what would have been received if payment was not
annualised, over the agreed notional period of 12 months.
12.1.2 The
agreement referred to at paragraph 12.1.1 of this subclause must specify those
clauses of this award that have been included in the annualised salary and are
not to be paid on an incidence basis.
12.2 Classification
Structure and Wage Rates
Pay rates are shown in a confidential attachment
(Confidential Attachment A) which is part of the Commission’s file.
Base pay rates prescribed in the confidential
attachment include the increases cited for June 2003. Future increases for all groups are also listed in the
confidential attachment.
13.
Conditions of Work
13.1 Hours
of Work
13.1.1 Ordinary
Hours
The ordinary hours of work are listed in the various
roster patterns described below.
AstraZeneca shall determine, in consultation with the
team members involved, a roster appropriate to the needs of each team at
AstraZeneca. The roster detailing the
shift commencement and completion times will be published and provided to each
team member not less than 30 days prior to the commencement of work on such a
roster.
In the case of individual team members who are needed
to change shifts, AstraZeneca will provide a new roster not less than 10
working days prior to the commencement of work unless mutually agreed.
13.1.2 Shift
Premiums
A night shift means a shift where 50% or more of the
ordinary hours of work are performed between 10.00 p.m. and 6.00 a.m. For each ordinary hour worked by a team
member on night shift, the ordinary hourly rate of that team member shall
attract a shift allowance of 30%.
An afternoon shift means a shift where 50% or more of
the ordinary hours of work are performed between 4.00 p.m. and midnight. For each ordinary hour worked by a team
member on afternoon shift, the ordinary hourly rate of that team member shall
attract a shift allowance of 15%.
It is intended that no more than 50 attended hours will
be worked per week averaged over the individual’s roster pattern.
Where needed on an extraordinary basis, more hours may
be worked by mutual agreement.
13.1.3 Overtime
Overtime is to be paid for excess hours worked outside the
ordinary hours worked as specified by a team member’s shift pattern. If team members swap days by mutual
agreement, hours outside their original roster will not be paid at overtime
rates.
Overtime is to be paid as follows:
First two hours of overtime at time and a half of
normal rate, unless this time is to be taken as time in lieu (refer to
subparagraph 13.1.6.5 of paragraph 13.1.6 of this subclause).
Followed by double time for the remainder of overtime
worked.
All hours on Sunday outside ordinary hours will be paid
at double time.
In the event that a team member is required to attend
work for training or meetings purposes but has not had a 10-hour break between
shifts, the employee will be entitled to be paid at the rate of time and a half
of the team member's ordinary hourly rate of pay until the 10-hour break period
since the previous shift has elapsed; the employee's pay rate will then revert
back to the normal pay rate for the remainder of ordinary hours worked that
shift.
In the event that a team member is required to attend
work to perform normal manufacturing operational duties, i.e. run production
line, manufacture product, etc., but has not had a 10-hour break between
shifts, the employee will be paid at normal overtime rates for that shift.
13.1.4 Meal
and Rest Breaks
Meal and rest breaks will be managed by the team and
will be taken at a time and in a manner which allows for continuous production
to be maintained. Transit time is
allowed, dependent on the location of workplace in relation to canteen
facilities. This is to be managed by
the team and agreed to by the Area Manager.
Paid meal and rest breaks totalling 90 minutes
(includes change times) will be included in a 12-hour shift where production
continues for the entire shift.
Paid meal and rest breaks totalling 60 minutes
(includes change times) will be included in shifts less than 12 hours where
production continues for the entire shift.
Meals will be supplied by the team member (meal money
will not be paid).
The relevant Process Shift Manager, or Production
Manager, will allow a reasonable break to be given to a team member when that
team member works overtime.
It is understood that, dependent upon a team member’s
location within the manufacturing operations, it will take some employees
longer than others to reach the canteen and return to work. However, if a team member abuses this break
time excessively (e.g. an extra 10 minutes), that employee may be counselled
and/or disciplined by the Company.
Arrangements for the taking of meal breaks are to be managed and
authorise by the relevant Process Shift Manager or Production Manager.
13.1.5 Break
between Shifts
In the interests of health and safety, wherever
reasonably practicable it will be arranged that employees will have at least 10
consecutive hours off between their rostered shifts. The exceptions will be for training and/or team meetings. Meetings for multiple shifts will be held
wherever possible on the morning on the first day after a weekend and/or by
mutual agreement.
13.1.6 Shift
Patterns and Rosters
Shift patterns and rosters may vary to meet production
demands. The following identifies the
different shift patterns and the pay rates that apply when the shifts are
worked. Any shift pattern outside of
those listed will be paid at loadings specified in the clauses of this award.
Where a shift roster needs to change to meet a business
need, it is intended that no undue hardship be created for team members. Where this is the case, the Company will
endeavour to relocate the team member to an existing, suitable roster. (This may involve a change of work area
within the division).
If an impasse occurs between the Company and the team
member, the disputes procedure will be followed as per clause 10, Conflict
Resolution and Avoidance of Industrial Disputes.
Note: In the event that a team member must move to a
new area, the team member will retain their current skills-based pay level
until trained to the equivalent skill level for the new area.
13.1.6.1 Standard Nine-day Fortnight
On average over the roster cycle, 38 ordinary hours per
week will be worked. A rostered day off
is included on Monday or Friday, or any other day by mutual agreement. All hours worked will be paid at the
ordinary rate. The pay will be
annualised to allow the same amount to be paid each week.
In a typical nine-day roster, the team member will work
eight 8.5-hour shifts and one eight-hour shift. The pay rate for this roster is referenced in Skills-based Pay
Schedule.
13.1.6.2 12-Hour Shift Roster
Crews will be rostered to work 12-hour shifts for an
average of 36 hours per week over the roster cycle. These rosters will work an average of three days per week between
Monday and Saturday (Saturday night shift will finish Sunday morning). The pay rate for this roster is referenced
in the Skills-based Pay Schedule. The
roster will be set up to ensure that Saturday work will be shared evenly
between crews. Wages are annualised to
enable team members to be paid the same amount each week or month.
The team may vary this with the agreement of all team
members and support services, and the consent of management. The intent of this paragraph is to allow
teams rostered on a Saturday night to change their roster to Sunday night and
to incur no extra costs to the Company.
13.1.6.3 5 x 8.5-Hour Shift Roster
42.5 hours per week will be worked over five days
(Monday to Friday), each day working no more than 8.5 hours. One RDO per four weeks will be arranged via
agreement between team members and management.
The pay rate for this roster is referenced in the Skills-based Pay
Schedule.
It is not the intention of the company to move all
manufacturing employees to the 5 x 8.5-hour roster. This roster will only be used to ensure that increases in volume
requirements for particular products are met after having considered other
alternatives, e.g. alternate RDOs on the nine-day fortnight, etc. Movement to the 5 x 8.5-hour roster will be
by mutual agreement with the understanding that, should this roster be
required, the use and requirement of this roster will be reviewed every three
months.
13.1.6.4 4 x 10-Hour Shift
A 4 x 10-hour shift roster pattern may be implemented,
if required, to meet business needs or if it is requested by the team member
(to be agreed after consultation with their Area Manager). The pay rate for this roster is referenced
in Skills-based Pay Schedule.
When the roster is team member-driven and not seen as
providing additional benefit to the Company, then each hour worked will be paid
at the nine-day fortnight rate referenced in the Skills-based Pay Schedule.
13.1.6.5 Time
in Lieu
Team members who work more hours in a particular week
than required for the shift pattern in which they are rostered to work may be
entitled to take, as time off in lieu, an equivalent number of hours to the
number of hours worked in excess of those required for their shift pattern.
Time in lieu is mutually agreed with team members and
management, but is not to exceed four hours and must be taken within two weeks.
The date and time off site and related date and time on
site must be documented by the team member (and available for Area
Manager). No overtime claims will be accepted
when time in lieu is agreed.
13.1.6.6 Swapping of Rosters/Shifts/Days of Work
It is the intent that the Company will allow the
swapping of whole shifts and rostered days off by agreement between two team
members and will be at no penalty to the Company. Written notification must be made in advance to the Company of
this occurring. This agreement shall
cease to apply if either team member withdraws his/her consent, or leaves the
Company.
With team member and management agreement, a
non-permanent agreement can be made to include Saturday or Sunday work. This option is only implemented with team
member agreement. The intent is to
limit the number of hours worked per week in accordance with paragraph 13.1.2
of this subclause (50 attended hours); therefore, if a Saturday or Sunday is
worked, it will be instead of a weekday.
In the non-permanent agreement case above where a Saturday or Sunday is
worked, all hours shall be paid at the appropriate penalty rate (for the given
roster) and all ordinary hours worked between Monday and Friday will be paid at
the normal roster rate.
13.2 Contract
of Employment
13.2.1 The
Company may direct a team member to carry out such duties as are within the
limits of the team member’s skill, competence and training consistent with the
structure of this award provided that such duties are not designed to promote
de-skilling.
13.2.2 The
Company may direct a team member to carry out such duties and use such tools
and equipment as may be required provided that the team member has been
properly trained in the use of such tools and equipment.
13.2.3 Any
direction issued by the Company pursuant to paragraphs 13.2.1 and 13.2.2 of
this subclause shall be consistent with the Company’s responsibilities to
provide a safe and healthy working environment.
13.3 Payment
of Wages
All wages and
allowances (where applicable) will be paid fortnightly or monthly (monthly
payment of earnings applies to annualised salaries only), determinate on
business requirements by electronic funds transfer.
Unless a team
member is paid upon a monthly basis, a team member will be paid on a
fortnightly basis commencing on the first full pay period after 22 June
2004. A fortnightly pay period will comprise
of one week's payment in arrears and one week's payment in advance. Errors of payment of wages to employees will
be corrected as soon as practicable; employees will not be expected to wait
until the following pay period to have errors corrected.
13.4 General
Conditions
13.4.1 The
Company shall supply Company garments which shall be worn by team members. They shall be maintained and laundered at
the Company’s expense.
13.4.2 Where
the nature of the work performed by employees necessitates suitable industrial
clothing and/or aprons, rubber boots, work boots, work shoes, gloves, safety
glasses, all necessary safety equipment, etc., this shall be supplied and paid
for by the Company and shall remain the property of the Company.
13.4.3 Team
members shall not be required to clean lunchrooms, dressing rooms, and/or
lavatories, nor engage in any other cleaning work outside of their normal work
area. (Cleaning and housekeeping duties
related to the process/support team area are to be performed by team members). Team members are expected to clean up after
themselves when using the Company's facilities. This includes canteens, change rooms, toilets, etc.
13.4.4 A
team member shall not be required to perform work of an unusually dirty, dusty
and/or offensive nature, nor to work in temperatures of abnormal heat or cold.
13.4.5 When
a team member is required to stand on concrete, brick or stone floors, the
Company shall provide a suitable mat or floor coverings as meeting GMP
requirements and agreed upon between the Company and the AWU.
13.4.6
13.4.6.1 Team
members who, as part of their agreed training (study that is directly related
to business need and linked to team member level in the skills matrix), attend
technical college classes in approved subjects shall be allowed to apply for
study leave. The skills learned must
contribute directly to the current processes and a cap of 76 hours study leave
per annum shall exist (including leave for exams). See study leave policy.
13.4.6.2 Where
team members work a loaded shift (i.e. 3 x 12 hour and 4 x 10 hour), the roster
should be arranged so that the time for external classes, where practical, is
taken on the rostered time off to minimise the time away from the
workplace. These shifts are loaded to
meet compelling business reasons and to address the needs of the business;
therefore, it is necessary to reduce the time away from the workplace for
study. The work schedule is to be
discussed with the Area Manager prior to commencement of the study in
accordance with the above.
13.4.7 Well-ventilated
rest rooms with suitable equipment shall be provided by the Company for the use
of employees.
13.4.8 A
separate dining room, sufficient to accommodate the team members, shall be
provided on site by the Company. Such
dining room shall contain sufficient table and seating accommodation. Hot water shall be provided, without cost,
for the employees and reasonable provision shall be made for the care of team
members’ luncheons.
13.4.9 Note:
As to welfare facilities for employees, see the current legislation.
13.4.10 Note:
As to first-aid arrangements, refer to current occupational health and safety
legislation.
13.4.11 Compensation
to the extent of the damage sustained shall be made where, in the course of
work, clothing and/or optical glasses are damaged or destroyed by, or through
the use of, corrosive, explosive, inflammable or poisonous substances.
13.4.12
13.4.12.1 Where
a team member is required to work at a place other than his or her usual place
of work, he/she shall be paid all fares reasonably incurred in excess of those
he/she would normally incur attending his or her usual place of work and
returning home and shall be paid for half of all travelling time in excess of
that taken to reach his or her usual place of work and return home.
13.4.12.2 The
foregoing subparagraph shall apply only to a team member temporarily
transferred from his or her usual place of work. A temporary transfer shall mean periods of employment at places
other than the usual place of work up to a maximum of three consecutive weeks.
13.4.12.3 A team
member transferred from working place to working place during ordinary hours
shall be paid for the time spent in travelling as for time worked and shall
receive reimbursement of fares incurred in such transfer.
13.4.12.4 Where
the transfer involves a team member being absent from his or her normal place
of abode, he or she shall be reimbursed for reasonable expenses incurred for
accommodation together with first-class rail fares to and from the place of
transfer.
13.4.12.5 Travelling
time shall be paid for at ordinary rates of pay. Team members travelling overseas or interstate on Company
business will be paid for a normal workweek and will not be paid for travel
time.
13.4.13 The
Company shall permit a notice which has been duly authorised by the AWU to be
posted on the notice board. In such
cases the notice will be provided to the Operations Manager or the Human
Resources Manager, prior to the notice being posted.
13.5 Termination
of Employment
13.5.1 In
respect of full-time and part-time employment, a team member or the Company may
terminate the contract of employment with one week’s notice, or by the payment
or forfeiture of such notice at the ordinary weekly rate. The first three months of full-time or
part-time employment shall be of a probationary employment.
13.5.2 The
provisions of this clause will not affect the right of the Company to dismiss
any team member without notice for serious and wilful misconduct or other lawful
cause of summary dismissal justified at common law.
13.5.3 In
the event of a stoppage of work through any cause outside the Company’s
control, the contract of employment may be continued, in which case the
Company’s liability for payment shall be suspended for the duration of the
stoppage of work, provided that two working days’ notice shall be given to the
employees prior to such suspension.
13.5.4 A
team member whose employment is terminated by the Company on the working day
immediately preceding a holiday(s), other than for misconduct, shall be paid
for such holiday(s).
13.5.5 Any
team member with more than three months’ service on leaving or being discharged
shall, if he or she is so requests, be given a certificate of service by the
Company. A copy of an individual team
member’s training completions will be supplied upon request. Such certificate shall be the property of
the team member.
13.5.6 Upon
termination of employment for any reason, a team member must return immediately
all property belonging to the Company and complete the formalities required by
the Company. Any outstanding equipment,
costs or monies owed by a team member to the Company shall be deducted from the
final payment of monies made to the team member by the Company.
13.6 Redundancy
13.6.1 The Company’s Duty to Notify
13.6.1.1 Where the Company has made a
definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on team members, the Company shall notify the team members who may be
affected by the proposed changes and the AWU.
13.6.1.2 "Significant effects"
include termination of employment, major changes in the composition, operation
or size of the Company's workforce or in the skills required, the elimination
or diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of team
members to other work or locations and the restructuring of jobs.
13.6.2 The Company's Duty to Discuss
Change
13.6.2.1 The Company shall discuss with the
team members affected and the AWU, inter alia, the introduction of the changes
referred to in paragraph 13.6.1 of this subclause, the effects the changes are
likely to have on team members and measures to avert or mitigate the adverse
effects of such changes on team members, and shall give prompt consideration to
matters raised by the team members and/or the AWU in relation to the changes.
13.6.1.2 The discussion shall commence as
early as practicable after a definite decision has been made by the Company to
make the changes referred to in the said paragraph 13.6.1.
13.6.1.3 For the purpose of such discussion,
the Company shall provide to the team members concerned and the AWU all
relevant information about the changes, including the nature of the changes
proposed, the expected effects of the changes on team members and any other
matters likely to affect team members, provided that the Company shall not be
required to disclose confidential information the disclosure of which would
adversely affect the Company.
13.6.3 Discussions before Terminations
13.6.3.1 Where the Company has made a
definite decision that the Company no longer wishes the job the team member has
been doing to be done by anyone pursuant to paragraph 13.6.1 of this subclause
and that decision may lead to the termination of employment, the Company shall
hold discussions with the team members directly affected and with the AWU.
13.6.3.2 The discussions shall take place as
soon as is practicable after the Company has made a definite decision which
will invoke the provision of the said paragraph 13.6.1 and shall cover, inter
alia, any reasons for the proposed terminations, measures to avoid or minimise
the terminations and measures to mitigate any adverse effects of any
termination on the team members concerned.
13.6.3.3 For the purposes of the discussion
the Company shall, as soon as practicable, provide to the team members
concerned and the AWU all relevant information about the proposed terminations,
including the reasons for the proposed terminations, the number and categories
of team members likely to be affected and the number of workers normally
employed and the period over which the terminations are likely to be carried
out. Provided that the Company shall
not be required to disclose confidential information the disclosure of which
would adversely affect the Company.
13.6.4 Termination of Employment
13.6.4.1 Notice and Severance Pay for Changes
in Production, Program, Organisation or Structure
In respect of
full-time and part-time employment, a team member whose services are no longer
required due to redundancy or retrenchment shall be entitled to eight ordinary
weeks’ period of notice or payment in lieu of notice, and four ordinary weeks’
severance pay for each year of service, pro-rated on a quarterly basis. "Ordinary weeks' severance pay"
for the purpose of this paragraph means the ordinary rate of pay as prescribed
in the Skills-based Pay Schedule of this award.
13.6.4.2 Notice for Technological Change
This
subparagraph sets out the notice provisions to be applied to termination by the
Company for reasons arising from "technology" in accordance with
paragraph 13.6.1 of this subclause.
In order to
terminate the employment of a team member, the Company shall give to the team
member three months' notice of termination.
Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part-payment in lieu
thereof.
The period of
notice required by this subparagraph to be given shall be deemed to be service
with the Company for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
13.6.5 Time Off during the Notice Period
13.6.5.1 During the period of notice of
termination given by the Company, a team member shall be allowed up to one
day's time off without loss of pay during each week of notice, to a maximum of
five weeks, for the purposes of seeking other employment.
13.6.5.2 If the team member has been allowed
paid leave for more than one day during the notice period for the purpose of
seeking other employment, the team member shall, at the request of the Company,
be required to produce proof of attendance at an interview or the team member
shall not receive payment for the time absent.
13.6.5.3 A team member who is to be made redundant
and elects to leave the Company during the stated notice period will forfeit
the balance of the notice period and will forfeit the entitlement to severance
pay.
13.6.5.4 Statement of Employment
The Company
shall, upon receipt of a request from a team member whose employment has been
terminated, provide to the team member a written statement specifying the
period of the team member's employment and the classification of or the type of
work performed by the team member.
13.6.5.5 Notice to Centrelink
Where a
decision has been made to terminate team members, the Company shall notify
Centrelink thereof as soon as possible, giving relevant information, including
the number and categories of the team members likely to be affected and the
period over which the terminations are intended to be carried out.
13.6.5.6 Department of Social Security
Employment Separation Certificate
The Company
shall, upon receipt of a request from a team member whose employment has been
terminated, provide to the team member an Employment Separation Certificate in
the form required by the Department of Social Security.
13.6.5.7 Transfer to Lower-paid Duties
Where a team
member is transferred to lower-paid duties for reasons set out in paragraph
13.6.1 of this subclause, the team member shall be entitled to the same period
of notice of transfer as the team member would have been entitled to if the
team member's employment had been terminated, and the Company may, at the
Company's option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary-time rate of pay and the new
ordinary-time rates for the number of weeks of notice still owing.
13.6.5.8 Alternative Employment
If the Company
locates suitable alternative employment for a team member who is otherwise to
be made redundant, the Company shall not be obliged to pay severance pay.
13.6.5.9 To facilitate the retention of team
members, in instances where both the Company and team member agree that the
alternative position offered by the Company is not a comparable position, the
Company at its discretion may offer a reasonable period for both the Company
and team member to assess the suitability of a position without loss of
entitlement to a redundancy package.
13.6.5.9.1 In instances where a team member has
been made redundant, an external outplacement service provider will be made
available to the employee. The
outplacement service provider utilised will be by mutual agreement between the
company and the AWU.
14. Part-time
Employees and Casual Employees
14.1 Part-time Employees
14.1.1 Part-time
employees may be employed. A part-time
employee means a person who is employed by the Company on a permanent basis to
perform part-time work. Part-time work means
work of a lesser number of hours than constitutes full-time work under this
award. Part-time and job share
variation team members employed by the Company are all considered permanent
part-time employees.
14.1.2 Other
than the number of weekly ordinary hours worked by a part-time employee, the
ordinary hours of work, exclusive of meal times, shall be the same as those
prescribed for full-time weekly employees.
The minimum number of weekly ordinary hours for which a part-time
employee may be engaged is 16 hours.
14.1.3 Part-time
and job share employees shall be paid at the nine-day fortnight rate of pay in
accordance with subclause 12.2 of clause 12, Skills-based Pay Schedule.
14.1.4 All
other provisions of this award with respect to annual leave, sick leave and
holidays shall apply to part-time employees on a pro rata basis.
14.1.5 The
Company shall not employ more than 25% of its employees as part-timers.
14.1.6 Notwithstanding
the provisions of paragraphs 14.1.1 to 14.1.5 of this subclause, the AWU and
the Company may agree, in writing, to observe other conditions in order to meet
special cases.
14.2 Casuals
14.2.1 A
casual employee means a person who is engaged by the hour and does not have a
permanent contract of employment.
Typically, a casual employee will be engaged from time to time to
supplement the permanent workforce covered by this award. Casual employees, including all
non-permanent part-time variations, shall be paid at a nine-day fortnight entry
level rate of pay (L1) in accordance with subclause 12.2 of clause 12,
Skills-based Pay Schedule, plus 17.5% with a minimum payment on any one day of
four hours. The Company will ensure
that any person engaged by a labour hire firm to work at the premises covered
by this award shall be paid at a the entry level rate of pay (L1) for the
roster worked in accordance with the said subclause 12.2, plus 17.5% with a
minimum payment on any day of four hours.
14.2.2 The
Company shall not employ more than 25% of their employees as casuals and/or labour
hire.
14.2.3 Notwithstanding
the provisions of paragraphs 14.2.1 and 14.2.2 of this subclause, the AWU and
the Company may agree in writing to observe other conditions in order to meet
special cases.
15.
The Union (AWU)
15.1 Union
Membership
Subject to the provisions of section 211 of the Industrial
Relations Act 1996, team members may elect to join the AWU.
15.2 Union
Delegate
An accredited delegate (maximum of four delegates, one each
for day shift, afternoon shift, night shift and the Tablet Plant) shall be
allowed reasonable time during work time to interview the employer on matters
relating to the workplace, provided that, where these relate to disputes, the
disputes procedure defined in clause 10, Conflict Resolution and Avoidance of
Industrial Disputes, has been followed.
A maximum of two delegates shall be permitted to attend commission
hearings without loss of pay, provided the dispute procedure is being followed.
15.3 Trade
Union Training
Authorised delegates of the AWU who are nominated by
the Secretary of the AWU to attend a training course or program sponsored by
the Australian Council of Trade Unions, the State Branch of the Australian
Council of Trade Unions or by the AWU shall be granted leave of absence while
attending such course or courses up to a maximum of six days per year, provided
that:
(1) at least two
weeks prior to attendance at the course or courses, the employer receives
written notice of the nomination from the AWU Secretary setting out the times,
dates, content and venue of the course;
(2) leave of
absence granted shall be counted as time worked for the purposes of annual
leave, sick leave and long service leave.
Delegates attending shall receive their normal rate of pay whilst on
such leave, including shift allowances, but other allowances, penalty rates or
any other daily or hourly payments prescribed by this award shall not be
payable.
16.
Right of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act
1996. (NSW)
17.
Leave Entitlements
17.1 Annual
Leave
A team member will be entitled to the working hours
equivalent of four weeks’ normal work hours as annual leave after the
completion of 12 months’ employment.
Annual leave may be taken in any manner agreed between
the Company and the team member.
However, a minimum of two weeks’ leave must be retained for scheduled
shutdown periods. The schedule for the
shutdown will be published by 30 September and, in the case that the shutdown
needs to extend for more than two weeks, team members will be able to do one of
the following:
Move RDOs from the normal work year to shutdown with
agreement of management.
Retain additional annual leave with agreement of
management.
Every effort will be made to limit Christmas shutdown
equal to two weeks' annual leave (there have been occasions when an extra day
or two has been needed). If the
business needs require that more than two weeks’ annual leave are required, it
will be no longer than two extra leave days; team members may request time
without pay up to a maximum of two days.
(The intent of this practice is to ensure that team members are able to
use at least two weeks of their holidays at other times during the rest of the work
year.) This is the only case when time
without pay will be considered without personal application to the Director of
Manufacturing.
A 20% leave loading will be paid at the time of the
taking annual leave.
17.2 Sick
Leave
17.2.1 Conditions
of Sick Leave
A team member who is unable to attend for work as a
result of personal illness or incapacity shall be entitled to leave of absence
without deduction from pay subject to the following conditions:
(1) the team
member shall (as far as is practicable) advise, in the first instance, his/her
manager or, alternatively, another manager, prior to the commencement of such
absence of their inability to attend for duty, the nature of the illness or
incapacity and the estimated duration of the absence;
(2) the team
member shall not be entitled to paid leave of absence for any period in respect
of which the team member is entitled to workers’ compensation;
(3) the team
member shall prove to the satisfaction of the Company that he/she was unable on
account of such illness or incapacity to attend for duty on the day or days for
which sick leave is claimed. Where a
team member is absent for two or more successive workdays, or is absent on a
day adjacent to a public holiday or annual leave, the team member shall produce
a medical certificate from a registered medical practitioner prior to returning
to work;
(4) when a team
member has exhausted his/her sick leave entitlement, a medical certificate from
a registered medical practitioner must be produced for each extra day of sick
leave taken;
(5) an Area
Manager may request a medical certificate from a registered medical
practitioner when a team member, without reasonable cause, absents him/herself
without leave on the working day immediately preceding or the working day
immediately following a rostered day off.
17.2.2 Sick
Leave Entitlement
Each full-time team member shall be entitled to 76
hours' sick leave in respect of each completed year of service or pro
rata. Employees working the 5 x 8.5
roster will be entitled to 85 hours' sick leave in respect of each completed
year of service or pro rata. Sick leave
shall accumulate if not utilised.
17.2.3 Personal/Carer's
Leave
17.2.3.1 Use of Sick Leave
(a) A team member, other than a casual team member,
with responsibilities in relation to a class of person set out in subsection
(2) of section (c) of this subparagraph who needs the team member's care and
support shall be entitled to use, in accordance with this subparagraph, any
current or accrued sick leave entitlement provided for in paragraph 17.2.2 of
this subclause 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 team member 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, a team member must not take carer's leave under
this paragraph where another person has taken leave to care for the same
person.
(c) The entitlement to use sick leave in
accordance with this subparagraph is subject to:
(1) The team member being responsible for
the care of the person concerned; and
(2) The person concerned being:
(a) a spouse of the team member; 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 team member or spouse or de facto spouse of the team member; or
(d) a same sex partner who lives with the
team member as the de facto partner of that team member on a bona fide domestic
basis; or
(e) a relative of the team member 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) A team member shall, wherever
practicable, give the Company 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 team member, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the team member to give prior notice of absence, the team member
shall notify the Company by telephone of such absence at the first opportunity
on the day of absence.
17.2.3.2 Unpaid Leave for Family Purpose
A team member
may elect, with the consent of the Company, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subsection (2) of section (c) of subparagraph 17.2.3 of this paragraph who is
ill.
17.2.3.3 Annual Leave
(a) A team member may elect, with the
consent of the Company, 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
section (a) of this subparagraph, shall be exclusive of any shutdown period
provided for elsewhere under this award.
(c) A team member and the Company may agree
to defer payment of the annual leave loading in respect of single-day absences
until at least five consecutive annual leave days are taken.
17.2.3.4 Time Off in Lieu of Payment for
Overtime
(a) A team member may elect, with the
consent of the Company, to take time off in lieu of payment for overtime at a
time or times agreed with the Company 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 section (a) of this subparagraph, 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 section (a), the team member shall be paid overtime rates in
accordance with the award.
17.2.3.5 Make-up Time
(a) A team member may elect, with the
consent of the Company, to work "make-up time", under which the team
member 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) A team member on shift work may elect,
with the consent of the Company, to work "make-up time" (under which
the team member takes time off ordinary hours and works those hours at a later
time), at the shift work rate which would have been applicable to the hours
taken off.
17.3 Award
Holidays
17.3.1 Award
holidays (public holidays plus Picnic Day) are not worked except on a voluntary
basis. If an award holiday or Easter Saturday
is worked, team members will be paid at two and a half times the normal rate.
17.3.2 The
following days or the day upon which they are observed shall be holidays: New Year’s Day, Australia Day, Good Friday,
Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day, Christmas Day,
Boxing Day and all other days proclaimed as public holidays for the State.
17.3.3 In
addition to the holidays specified in paragraph 17.3.2 of this subclause, there
shall be a Picnic Day agreed to by the union and the Company designated as a
holiday to be observed on the first working day following Easter Monday each
year.
17.3.4 All
award holidays (public holidays plus Picnic Day) falling on a team member’s
rostered day on shall be counted as time worked and paid for as such.
17.3.5 A
team member who, without reasonable cause, absents him/herself without leave on
the working day immediately preceding, or the working day immediately following
an award holiday, shall not be entitled to payment for such holiday.
17.3.6 Award
holiday payments will be paid at the next pay period after the award holiday.
17.3.7 Work
on an award holiday is voluntary. In
the event that the team consents to work on an award holiday in lieu of another
day, the team members will be paid at normal rates. There must be an agreement between support services and the Area
Manager.
17.3.8 Rostered
days off may be moved to coincide with award holidays if meeting business needs
to allow a "long weekend".
17.3.9 When
an award holiday falls on a rostered day off, for all shifts except for the
12-hour shift and the 4 x 10 roster, the team member will get the next adjacent
work day off.
17.3.10 The
public holiday shift is defined as that shift starting on the day of the public
holiday.
If the public holiday falls on a Monday, then normal
work will commence on the day shift of the Tuesday.
If the public holiday falls on a Friday, then the day
and afternoon shifts will not work on the Friday. The night shift will work as normal on the Thursday night into
the morning of Friday. They will not work the shift which would have started on
the Friday evening into Saturday morning.
Where the night shift elect to start the work week on
the Sunday night rather than a Monday night and a public holiday falls on the
Monday, then the shift that starts on the Sunday working into the Monday will
be taken as the public holiday and not as previously mentioned.
17.4 Long
Service Leave
See the current Long Service Act 1955.
17.5 Bereavement
Leave
In the unfortunate circumstance of the death of a
family member, a team member is entitled to a maximum of three days’
leave. A family member is defined as a
wife (including de facto), husband (including de facto), child, stepchild,
father, mother, father-in-law, mother-in-law, brother, sister or
grandparent. Proof of such death may be
required to be furnished by the employee to their manager.
17.6 Parental
Leave
Parental leave is a general term encompassing
maternity, paternity and adoption leave.
Parental leave is unpaid leave which a team member is
entitled to take before, during and after the birth or adoption of their
baby. All eligible employees can take
up to 52 weeks leave; however, parental leave taken by a team member and their
spouse cannot overlap except for one week at the time of the birth.
Annual or long service leave can be taken in addition
or in substitution of parental leave provided the total period of leave does
not exceed 52 weeks.
To be eligible, a team member must have been employed
for a continuous period of 12 months at the time of taking the leave. All entitlements are suspended while on
parental leave.
17.7 Blood
Donor Leave
Where blood donation facilities are made available at
an employer’s establishment covered by this award, or at some other nearby
place, a team member who donates blood at such facility during his ordinary
working hours shall be entitled to one hour’s paid leave on each occasion for
that purpose, provided that, before making payment for such leave, the employer
may require satisfactory proof of the employee’s blood donation. Production of the relevant Blood Bank card
or certificate properly completed shall constitute such satisfactory proof.
17.8 Jury
Service
A team member shall be allowed leave of absence during
any period when required to attend for jury service.
During such leave of absence a team member shall be
paid the difference between the jury service fees received and the employee’s
award rate of pay as if working.
A team member shall be required to produce to the
employer proof of jury service fees received and proof of requirement to attend
and attendance on jury service and shall give the employer notice of such
requirements as soon as practicable after receiving notification to attend for
jury service.
This subclause does not apply to staff employed as
casuals.
18.
Emergency Procedures Responsibility
All AstraZeneca Manufacturing Division personnel are
responsible for ensuring the safety and wellbeing of themselves and their team
mates. This is accomplished through
keeping areas neat and tidy, knowing correct emergency procedures and having
appropriate skills to carry out needed activities.
Each employee may take part in ensuring the safety of the
work place by performing one of the roles listed below:
Housekeeping Co-ordinator
SHE Co-ordinator
Emergency Procedures Warden
First-aider
Fire assessment through first attack fire-fighting
training.
All First-aiders who become First-aiders after 16 June 1998
will not be paid an allowance.
19. Protection of
Entitlements on Transfer of the Business
Despite any provision of this award to the contrary or any
other operation of law, where there is a transfer of the business to a new
employer, the following shall apply:
(a) This award
shall bind the new employer;
(b) For the
purposes of this award, the employment of team members bound to this award
shall not be taken to have been terminated by the Company;
(c) The continuity
of each team member’s s contract of employment is taken not to have been
broken; and
(d) A period of
service with the Company is taken to be a period of service with the new
employer. A period of service with the
Company includes service that is taken to be service with the Company as a
result of any previous transfer of the business, but this clause does not
entitle a team member to claim a benefit from more than one employer in respect
of the same period of service.
Definitions
"transfer of the business" means the
transfer, transmission, conveyance, assignment or succession, whether by
agreement or by operation of law, of the whole or any part of the business
undertaking or establishment to which this award applies.
"new employer" means an employer of employees
bound by this award as a result of the transfer of the business.
20.
Confirmation of Agreement
20.1 Award
Renewal Communication Team
|
Name
|
Team
|
|
Mat Wilmore
|
AWU Organiser
|
|
Wayne Laws
|
AWU Delegate
|
|
Christine Turner
|
AWU Delegate
|
|
Peter Kelly
|
AWU Delegate
|
|
Daman Storkey
|
HR Manager
|
|
Brett Lieurance
|
Operations Manager
|
|
Jackie Simmonds
|
HR Consultant
|
|
Rick Farrugia
|
WST
|
|
Anne Ang
|
WST
|
|
Matt Vesper
|
WST
|
|
Denis Clews
|
WST
|
|
Faso Va
|
WST
|
|
Idewal Devereaux
|
WST
|
|
Isabel Mansfield
|
WST
|
confidential attachment a
Pay rates for the various shift patterns are available from
HR or the Payroll Office. The rates are
paid for each ordinary hour worked.
Current Rate listed equals the rate agreed in the 2000 AstraZeneca
Enterprise Award to start in 2003 (inclusive of the percentage increases of
June 2004). All increases will take
place in the first full pay period on or after 22 June.
Pay rates and shift allowances will change as agreed. Current rates are available for all current
AstraZeneca staff from HR or the Payroll Office.
P. J. STAUNTON J.
____________________
Printed by
the authority of the Industrial Registrar.