BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(866)

SERIAL C2708

NORTHERN CO-OPERATIVE MEAT COMPANY (MAINTENANCE AND SERVICES) (STATE) AWARD 2003

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC 5678 of 2003)

Before Commissioner Cambridge

6 April 2004

REVIEWED AWARD

PART A

1. Arrangement

Clause No. Subject Matter

1. Arrangement

2. Anti-Discrimination

3. Scope and Application

4. Wages

5. Classification/Reclassification

6. Tools

7. Licence - Registration Allowance

8. Payment of Wages

9. Productivity, Efficiency and Flexibility

10. Training

11. Apprenticeship and Traineeship

12. Contract of Employment

13. Hours and Implementation of 38 Hour Week

14. Dispute Procedure

15. Shift Work

16. Overtime, Holidays, Picnic Day and Sunday

17. Annual Leave and Long Service Leave

18. Shop Stewards

19. Protective Clothing

20. Bereavement Leave/Jury Duty/Parental Leave/

Family Leave

21. Sick Leave

22. Work Related Injuries

23. Not to be used as Precedent

24. Technological Change and Redundancy

25. Use of New Technology

26. Savings Clause

27. Savings Provisions

28. Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Wages

Table 2 - Additional Margins

Table 3 - Leading Hand Margin

Table 4 - Other Allowances

2. Anti-Discrimination

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

2.2 Accordingly, in fulfilling their obligations under the dispute resolution procedure, the parties must take all reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

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

2.4 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 body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW);

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

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

3. Scope and Application

3.1 This award rescinds and replaces the:

Northern Co-operative Meat Company (Maintenance and Services) (State) Award 2000 published 23 February 2001 (322 I.G. 643).

And

All variations thereof.

3.2 It shall apply to:

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch;

The Electrical Trades Union of Australia, New South Wales Branch.

The New South Wales Plumbers and Gasfitters Employees’ Union;

The Construction, Forestry, Mining and Energy Union(s) (New South Wales Branch);

the employees of Maintenance/Services Sector of the Northern Co-operative Meat Company and associated works.

4. Wages

4.1 The wages payable, shall be as set out in Part B, Monetary Rates, of this Award and shall be total all purpose rates of pay encompassing all allowances, inclusive of tool allowance, over award payments and special rates, except those as otherwise set out in this Award.

4.2 The rates of pay in this award include the adjustments payable under the State Wage Case 2003.

4.3 These adjustments may be offset against:

(a) any equivalent overaward payments; and/or

(b) award wage increases since 29 May 1991 other than safety net, state Wage Case, and minimum rates adjustments.

5. Classification/Reclassification

5.1 Structure -

The maintenance and service classification as set out hereunder shall constitute the streams applicable to Northern Co-operative Meat Company:

Electrical Trades

Carpentry & Solid Plastering Trades

Plumbers & Gasfitters’

Engine Drivers’

Boiler Attendants

Labourer Plant Operator & Greaser

Engineering Tradesperson

5.2 Definitions -

5.2.1 Electrical Trades

Wage Group: C10

Electrical Tradesperson Level I

An Electrical Tradesperson Level I is an employee who holds an Electrical Trade Certificate:

and is able to exercise the skills and knowledge of that trade.

An Electrical Tradesperson Level I works above and beyond an employee at C11 and to the level of their training:

(1) Understands and applies quality control techniques;

(2) Exercises good interpersonal and communications skills;

(3) Exercises keyboard skills at a level higher than C11;

(4) Exercises discretion within the scope of this grade;

(5) Performs work under limited supervision either individually or in a team environment;

(6) Operate non-trade tasks incidental to their work;

(7) Performs non-trade tasks incidental to their work;

(8) Performs work while primarily involving the skills of the employee’s trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.

(9) Able to inspect products and/or materials for conformity with established operational standards.

(10) All electrical trades persons who have completed a apprenticeship shall be paid this rate of pay unless they can produce formal qualifications required in a higher classification or until they can demonstrate the following:

Exercise the skills and knowledge of there trade.

The ability to work with minimum supervision.

Capable of reading a PLC programs.

Capable of connecting and commissioning large motor controls with minimum supervision.

Wage Group: C9

Electrical Tradesperson Level Ii

An Electrical Tradesperson Level II is a:

Electrical Fitter Mechanic who holds an A Class or Contractors license and who has completed the following training requirement:

(i) 12 Points above C10 towards an appropriate Post Trade Certificate;

(ii) 12 Points above C10 towards an Advanced Certificate;

(iii) 12 Points above C10 towards an Associate Diploma; or

(iv) an Austel and Communication cabling License; or

(v) 12 points of other relevant training above C10.

An Electrical Tradesperson Level II works above and beyond a Tradesperson at C10 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards prescribed in C10.

(2) Exercises discretion within the scope of this grade.

(3) Works under general supervision either individually or in a team environment.

(4) Understands and implements quality control techniques.

(5) Provide trade guidance and assistance as part of a work team.

(6) Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Electrical Tradesperson Level I.

(7) Before an Electrical Tradesperson Level 2 can advance to a C8 Classification they must produce formal qualifications required in a higher classification or until they can demonstrate the following:

Exercise the skills and knowledge of there trade.

The ability to work with minimum supervision.

Capable of programming small PLC’s.

Capable of reading and fault finding advanced PLC programs.

Capable of connecting and commissioning large motor controls with minimum supervision.

Wage Group: C8

Electrical Tradesperson Special Class Level I

A Special Class Electrical Tradesperson Level I means a:

Special Class Electrical Tradesperson Level I or who has completed the following training requirement:

(i) 24 points above C10 towards an appropriate Post Trade Certificate;

(ii) 24 Points above C10 towards an Advanced Certificate;

(iii) 24 Points above C10 towards an Associate Diploma; or

(iv) 24 points of other relevant training above C10.

A Special Class Electrical Tradesperson Level I works above and beyond a Tradesperson at C9 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification as detailed.

(2) Provides trade guidance and assistance as part of a work team.

(3) Assists in the provision of training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Work under limited supervision either individually or in a team environment.

The following indicative tasks an employee at this level may perform are subject to the employee having appropriate Trade and Post Trade Training to enable the employee to perform the particular indicative tasks:

(a) Exercises high precision trade skills using various materials and/or specialised techniques.

(b) Understands and performs basic programming operations on a SCADA System.

(d) Installs, repairs and maintains, tests, modifies, commissions and or fault finds on complex machinery and equipment which utilises PLC’s hydraulic pneumatic and electronic principles and in the course of such work, is required to read and understand PLC programs and hydraulic and pneumatic circuitry which controls fluid power systems.

(6) Before an Electrical Tradesperson Special Class Level I can advance to a C7 Classification. The company must have a position vacant for this classification and they must produce the formal qualifications required in the C7 classification.

Wage Group: C7

Electrical Tradesperson - Special Class Level Ii

A Special Class electrical Tradesperson Level II means a:

Special Class Electrical Tradesperson level II who has completed the following training requirement:

(i) 36 points above C10 towards an appropriate Post Trade Certificate.

(ii) 36 Points above C10 towards an Advanced Certificate;

(iii) 36 Points above C10 towards an Associate Diploma; or

(iv) 36 points of other relevant training above C10.

An Electrical Tradesperson Special Class Level II works above and beyond a Tradesperson at C8 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(2) Is able to provide trade guidance and assistance as part of a work team.

(3) Provides training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Works under limited supervision either individually or in a team environment.

The following indicative tasks, which an employee at this level may perform, are subject to the employee having appropriate Trade and Post Trade Training to enable the employee to perform the particular indicative tasks:

(a) Works on and designs machines or equipment which utilise complex electronic and mechanical, hydraulic and/or pneumatic circuitry and controls or a combination thereof.

(b) Works on instruments, which make up a complex control system which, utilises some combination of electro-mechanical or fluid power principles.

(c) Applies and designs advanced computer SCADA control techniques in automating and controlling complex mechanical and electrical machinery.

(d) Exercises intermediate CAD and SCADA skills in the performance of routine modifications to programs.

NB: The Post Trade Certificate referred to in this definition is not directly comparable with existing post-trade qualifications and the possession of such qualifications does not itself justify classification of a Tradesperson to this level.

5.2.2 Carpentry And Solid Plastering Trades

Wage Group: C10

Carpentry And Solid Plastering Tradesperson Level I

A Carpentry Tradesperson Level I is an employee who has completed an apprenticeship or traineeship in Carpentry and Joinery or Solid Plastering and holds a trade Certificate in the trade.

Carpenter and Joiner and Solid Plasterer who is able to exercise the skills and knowledge of that trade.

A Carpentry Tradesperson Level I, works above and beyond an employee at C11 and to the level of their training:

(1) Understands and applies quality control techniques;

(2) Exercises good interpersonal and communications skills;

(3) Exercises keyboard skills at a level higher than C11;

(4) Exercises discretion within the scope of this grade;

(5) Performs work under limited supervision either individually or in a team environment;

(6) Operate non-trade tasks incidental to their work;

(7) Performs non-trade tasks incidental to their work;

(9) Able to inspect products and/or materials for conformity with established operational standards.

(10) All Carpenters, Solid Plasters trades persons who have completed a apprenticeship or traineeship and have a trade certificate shall be paid this rate of pay unless they can produce formal qualifications required in a higher classification or until they can demonstrate the following:

Exercise the skills and knowledge of there trade.

The ability to work with minimum supervision.

Capable of erecting and installing insulated panel in the correct manner.

Capable of installing form work and steel reinforcement with minimum supervision.

Capable of finishing concrete to the required standard.

Capable of setting up building profiles accurately.

Wage Group: C9

Carpentry And Solid Plastering Tradesperson Level Ii

A Carpentry Tradesperson Level II is a:

Carpentry Tradesperson who holds a Trade Certificate in Carpentry and Joinery or Solid Plastering and who has completed the following training requirement:

(i) 12 points above C10 towards an appropriate Post Trade Certificates; (Clerk Of Works)

(ii) 12 points above C10 towards an Contractors License;

(iii) A Restricted Contractors License.

(iv) 12 points of other relevant training above C10.

A Carpentry Tradesperson Level II works above and beyond a Tradesperson at C10 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards prescribed in C10.

(2) Exercises discretion within the scope of this grade.

(3) Works under general supervision either individually or in a team environment.

(4) Understands and implements quality control techniques.

(5) Provide trade guidance and assistance as part of a work team.

(6) Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Carpentry Tradesperson Level I.

(7) Before a Carpentry Tradesperson Level 2 can advance to a C8 Classification they must produce formal qualifications required in a higher classification and be able to demonstrate the following -

Exercise the skills and knowledge of there trade.

The ability to work with minimum supervision.

Wage Group: C8

Carpentry Tradesperson Special Class Level I

A Special Class Carpentry Tradesperson Level I means a:

Special Class Carpentry Tradesperson Level I or who has completed the following training requirement:

(i) 24 points above C10 towards an appropriate Post Trade Certificate; (Clerk of Works)

(ii) A Contractors License;

(iii) 24 points above C10 towards an Associate Diploma;

(iv) 24 points of other relevant training above C10.

A Special Carpentry Tradesperson Level I, works above and beyond a Tradesperson at C9 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards prescribed by the Implementation Manual.

(2) Provides trade guidance and assistance as part of a work team.

(3) Assists in the provision of training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Work under limited supervision either individually or in a team environment.

(a) Exercises high precision trade skills using various materials and/or specialised techniques.

(b) Understands and carries out construction to detailed drawings. Preforms operations on a CAD terminal in designing and modifying Construction Drawings.

(d) Full understanding of building codes and AQIS structural requirements.

(6) Before a Carpentry Tradesperson Special Class Level I can advance to a C7 Classification. The company must have a position vacant for this classification and they must produce the formal qualifications required in the C7 classification.

Wage Group: C7

Carpenter Tradesperson - Special Class Level Ii

A Special Class Carpenter Tradesperson Level II means a:

(i) Special Class Carpentry Tradesperson level II.

(ii) Who has completed the following training requirement.

(iii) A Clerk of Works Certificate.

(iv) 36 points of other relevant training above C10.

A Carpentry Tradesperson Special Class Level II works above and beyond a Tradesperson at C8 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(2) Is able to provide trade guidance and assistance as part of a work team.

(3) Provides training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Works under limited supervision either individually or in a team environment.

(a) Project manager of large construction and is responsible for the compliance of the structure to the plans and drawings.

(b) Ensures the safety aspects of the site and employees.

5.2.3 Plumbers And Gasfitters

Wage Group: C10

Plumbing, Gasfitter And Drainage Tradesperson Level I

A PLUMBING, GASFITTING and DRAINAGE Tradesperson Level I, is an employee who holds a Trade Certificate and is registered in the above trade.

Plumber, Gasfitter and Drainage and is able to exercise the skills and knowledge of that trade.

A Plumbing Gasfitting and Drainage Tradesperson Level I works above and beyond an employee at C11 and to the level of their training:

(1) Understands and applies quality control techniques;

(2) Exercises good interpersonal and communications skills;

(3) Exercises keyboard skills at a level higher than C11;

(4) Exercises discretion within the scope of this grade;

(5) Performs work under limited supervision either individually or in a team environment;

(6) Operate non-trade tasks incidental to their work;

(7) Performs non-trade tasks incidental to their work;

(9) Able to inspect products and/or materials for conformity with established operational standards.

(10) All Plumbing, Gasfitting and Drainage trades persons who have completes a apprenticeship or traineeship and have a trade certificate and are registered shall be paid this rate of pay unless they can produce formal qualifications required in a higher classification or until they can demonstrate the following:

Exercise the skills and knowledge of there trade.

The ability to work with minimum supervision.

Capable of reading drawings.

Capable of MIG and TIG and stick welding.

Capable of making out sheet metal.

Wage Group: C9

Plumbing, Gasfitting And Drainage Tradesperson Level Ii

A Plumbing, Gasfitting and Drainage Tradesperson Level II is a:

Plumbing, Gasfitting and Drainage tradesperson who holds a Registration certificate and who has completed the following training requirement:

(i) 12 points above C10 towards an appropriate Post Trade Certificate in Advanced Water and Drainage, Advanced Gasfitting and Business Principals.

(ii) 12 points above C10 towards an Associate Diploma.

(iii) 12 points of other relevant training above C10.

A Plumbing, Gasfitting and Drainage Level II works above and beyond a Tradesperson at C10 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards prescribed in C10.

(2) Exercises discretion within the scope of this grade.

(3) Works under general supervision either individually or in a team environment.

(4) Understands and implements quality control techniques.

(5) Provide trade guidance and assistance as part of a work team.

(6) Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Electrical Tradesperson Level I.

(7) Before a Plumbing, Gasfitting and Drainage Tradesperson Level 2 can advance to a C8 Classification they must produce formal qualifications required in a higher classification and they can demonstrate the following:

Exercise the skills and knowledge of there trade.

The ability to work with minimum supervision.

Capable of manufacturing sheet metal transition.

Capable of installing and maintaining mechanical services.

Capable of advanced TIG welding and Plasma Cutting.

Wage Group: C8

Plumbing, Gasfitting And Drainage Tradesperson Special Class Level I

A Special Plumbing, Gasfitting and Drainage Tradesperson Level I means a:

Special Plumbing, Gasfitting and Drainage Tradesperson Level I who has completed the following training requirement and has obtained a full Contractors License:

(i) The following modules need to be completed to obtain the Contractors Licence detailed above. Modules 1 and 2 in Drainage and Water, Modules in Gas and LPG Gas, Module in Business principals, Module 1 in Mechanical Services, Module 1 in Roofing in so far as their equivalence to 24 additional points over C10.

(ii) 24 points above C10 towards an Associate Diploma.

(iii) 24 Points of other relevant training above C10.

A Special Class Plumbing, Gasfitting and Drainage Tradesperson Level I, works above and beyond a Tradesperson at C9 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(2) Provides trade guidance and assistance as part of a work team.

(3) Assists in the provision of training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Work under limited supervision either individually or in a team environment.

(a) Exercises high precision trade skills using various materials and/or specialised techniques.

(b) Understands operations of steam valves heat exchangers and is capable of servicing such equipment.

(d) Installs, repairs and maintains, tests, modifies, commissions and or fault finds on complex heat exchangers and equipment utilising Electronic control systems. Understands the principles and in the course of such work, is required to read and understand Pipeline drawings ring mains and Backflow protection.

(6) Before a Plumbing, Gasfitting and Drainage Tradesperson Special Class Level I can advance to a C7 Classification. The company must have a position vacant for this classification and they must produce the formal qualifications required in the C7 classification.

Wage Group: C7

Plumbing, Drainage And Gasfitting Tradesperson - Special Class Level Ii

A Special Class Plumbing, Gasfitting and Drainage Tradesperson Level II means a:

Special Class Plumbing, Drainage and Gasfitting Tradesperson level II who has a full Contractors License and has formal qualifications in the following modules:

(i) An appropriate Post Trade Certificate at least equivalent to 36 points.

(ii) 36 points above C10 towards an Advanced Certificate.

(iii) 36 points above C10 towards an Associate Diploma.

A Plumbing, Drainage and Gasfitting Tradesperson Special Class Level II works above and beyond a Tradesperson at C8 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(2) Is able to provide trade guidance and assistance as part of a work team.

(3) Provides training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Works under limited supervision either individually or in a team environment.

(a) Works on and designs service installations or equipment which utilise complex electronic and mechanical and hydraulic circuitry and controls or a combination thereof.

(b) Works on instruments which make up a complex control system which utilises some combination of electro-mechanical or fluid principles.

(c) Applies and designs advanced computer control techniques in automating and controlling complex mechanical and service machinery.

(d) Exercises intermediate CAD and PID programming skills in the performance of routine modifications to programs.

5.2.4 Engine Drivers

Wage Group: C11

Engine Driver Employee Level I

An employee who has completed and holds a Engine Drivers Certificate of Competency so as to enable them to perform work within the scope of this level.

An Engine Driver Level 1 is able to exercise the skills and knowledge of their training and has the equivalent of 64 points accredited training by TAFE or an accredited private provider and

(1) Understands and applies quality control techniques;

(2) Exercises good interpersonal and communications skills;

(3) Exercises keyboard skills at a level higher than C12;

(4) Exercises discretion within the scope of this grade;

(5) Performs work under limited supervision either individually or in a team environment;

(6) Operate tasks incidental to their work;

(7) Performs tasks incidental to their work;

(8) Performs work while primarily involving the skills of the employee’s training is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.

(9) Able to inspect products and/or materials for conformity with established operational standards;

(10) All Engine Drivers who hold an Engine Drivers Certificate shall be paid this rate of pay unless they can produce formal qualifications required in a higher classification or until they have completed a minimum of 3 months service and they can demonstrate the following:

Exercise the skills and knowledge of their trade

The ability to work with minimum supervision

Capable of running the Engine Room and associated equipment within the Export Meat Requirements as they pertain to the Establishment.

Capable of interfacing with the SCADA computer system so as to run the Engine Room and associated chillers.

Wage Group: C10

Engine Driver Level II

An Engine Driver Level II is an employee who holds a Engine Drivers Certificate:

An Engine Driver Level II who is able to exercise the skills and knowledge of that training and 96 points.

An Engine Driver Level II works above and beyond an employee at C11 and to the level of their training;

(1) Understands and applies of quality control techniques;

(2) Exercises good interpersonal and communications skills;

(3) Exercises keyboard skills at a level higher than C11;

(4) Exercises discretion within the scope of this grade;

(5) Performs work under limited supervision either individually or in a team environment;

(6) Operate non-trade tasks incidental to their work;

(7) Performs non-trade tasks incidental to their work;

(9) Able to inspect products and/or materials for conformity with established operational standards.

Indicative of the tasks an employee at this level may perform are as follows:

(a) Exercise the skills and knowledge of their training:

The ability to work with minimum supervision.

Capable of running the Engine Room and associated equipment within the Export Meat Requirements as they pertain to the Establishment.

Capable of interfacing with the SCADA computer system so as to run the Engine Room and associated chillers.

(b) understands and applies computer techniques as they relate to production process operations;

(d) has a sound knowledge of the employers operations as it relates to the production process.

Wage Group: C9

Engine Driver Level Iii

An Engine Driver Level III is a:

Engine Driver Level III who has completed the following training requirement:

(i) Formal Training Qualifications in SCADA and PLC programming which shall be at least the equivalent of 12 extra points training above C10 level.

An Engine Driver Level III works above and beyond a C10 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards prescribed.

(2) Exercises discretion within the scope of this grade.

(3) Works under general supervision either individually or in a team environment.

(4) Understands and implements quality control techniques.

(5) Provide trade guidance and assistance as part of a work team.

(6) Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Engine Driver Level II.

Tasks which employees at this level may perform are subject to the employees having the appropriate Training to enable them to perform particular tasks.

5.2.5 Boiler Attendants

Wage Group: C12

Boiler Attendant Level I

An employee who holds an Open Boiler Attendants Ticket so as to enable the employee to perform work within the scope of this level and which shall be at least equal to 32 points.

Boiler Attendant who is able to exercise the skills and knowledge of their training

(1) Understands and applies quality control techniques;

(2) Exercises good interpersonal and communications skills;

(3) Exercises keyboard skills at a level higher than C11;

(4) Exercises discretion within the scope of this grade;

(5) Performs work under limited supervision either individually or in a team environment;

(6) Operate tasks incidental to their work;

(7) Performs tasks incidental to their work;

(9) Able to inspect products and/or materials for conformity with established operational standards;

(10) All Boiler Attendants who hold an Open Boiler Ticket shall be paid this rate of pay unless they can produce formal qualifications required in a higher classification or until they have completed the formal qualifications required in higher classifications and a minimum of 3 months service and they can demonstrate the following:

Exercise the skills and knowledge of their training.

The ability to work with minimum supervision.

Capable of running the Boiler House and associated equipment within the Export Meat Requirements as they pertain to the Establishment.

Wage Group: C11

Boiler Attendant Level Ii

An employee who holds an Open Boiler Attendants Ticket so as to enable them to perform work within the scope of this level.

A Boiler Attendant who is able to exercise the skills and knowledge of their training and have achieved 64 points.

A Boiler Attendant Level II works above and beyond an employee at C11 and to the level of their training:

(1) Understands and applies quality control techniques;

(2) Exercises good interpersonal and communications skills;

(3) Exercises keyboard skills at a level higher than C11;

(4) Exercises discretion within the scope of this grade;

(5) Performs work under limited supervision either individually or in a team environment;

(6) Operate non-trade tasks incidental to their work;

(7) Performs non-trade tasks incidental to their work;

(8) Performs work, which while primarily involving the skills of the employee’s trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

(9) Able to inspect products and/or materials for conformity with established operational standards;

(10) Indicative of the tasks, which an employee at this level may perform, is as follows:

Exercise the skills and knowledge of their training.

The ability to work with minimum supervision.

Capable of running the Boiler House and Associated Equipment within the Export Meat Requirements as they pertain to the Establishment.

Understands and applies techniques skills as they relate to production process operations.

Assists in the provision of on the job training in conjunction with other Boiler Attendants.

Has a sound knowledge of the employers operations as it relates to the production process.

5.2.6 Labourer, Plant Operator And Greasers

Wage Group: C13

Labourer, Level I

An employee at this level performs work to the level of their training:

(1) Works under direct supervision either individually or in a team environment;

(2) Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

(3) Understands and utilises basic statistical process control procedures.

Indicative of the tasks an employee at this level may perform are the following:

(a) Repetition work on single purpose machines or equipment;

(b) assist tradesmen in their work;

(d) uses selected hand tools;

(e) boiler cleaning;

(f) maintains simple records;

(g) uses hand trolleys and pallet trucks;

(h) assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainees.

Wage Group: C12

Labourer, Plant Operator And Greaser Level Ii

An employee who has completed a Production/Engineering Certificate I or equivalent training so as to achieve 32 points and enable the employee to perform work within the scope of this level.

An employee at this level performs work above and beyond the skills of an employee at C13 and to the level of their training:

(1) Is responsible for the quality of their own work subject to routine supervision;

(2) works under routine supervision either individually or in a team environment;

(3) exercises discretion within their level of skills and training.

Indicative of the tasks, which an employee at this level may perform, are the following:

(a) Operates flexibly between assembly stations;

(b) operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at level C13;

(d) basic tracing and sketching skills;

(e) advanced soldering techniques;

(f) Licensed to operate at least 3 of the following-

Forklifts

Mobile Crane

Bob Cat

Loader

Class 3B Truck License

Riggers Ticket

Cherry Picker

(g) ability to measure accurately;

(h) assists one or more tradespersons;

(i) welding which requires the exercise of knowledge and skills above C13;

(j) assists in the provision of on the job training in conjunction with tradespersons and supervisor/trainees;

(k) lubrication or production machinery equipment.

Wage Group: C11

Labourer And Plant Operator Level Iii

An employee who has completed a Production/Engineering Certificate II or equivalent training so as to achieve 64 points and enable them to perform work within the scope of this level.

An employee at this level performs work above and beyond the skills of an employee at C12 and to the level of their training:

(1) Works from complex instructions and procedures;

(2) Assists in the provision of on the job training to a limited degree;

(3) Co-ordinates work in a team environment or works individually under general supervision;

(4) Is responsible for assuring the quality of their own work.

Indicative of the tasks, which an employee at this level may perform, are the following:

(a) Uses precision measuring instruments;

(b) machine setting, loading and operation;

(d) use of tools and equipment within the scope (basic non‑trades) maintenance;

(e) intermediate keyboard skills and ordering;

(f) basic engineering and fault finding skills;

(g) performs basic quality checks on the work of others;

(h) Licensed and certified to operate at least 5 of the following:

Forklifts

Mobile Crane

Bob Cat

Loader

Class 5B Truck License

Riggers Ticket

Cherry Picker

Open Boiler Ticket

(i) has a knowledge of the employer’s operation as it relates to production process;

(j) assists in the provision of on the job training in conjunction with tradespersons and supervisor/trainees.

Wage Group: C10

Engineering Tradesperson Level I

An Engineering Tradesperson Level I is an employee who holds a Trade Certificate or Tradespersons Rights Certificate as a:

(i) Engineering Tradesperson (mechanical) Level I;

(ii) Engineering Tradesperson (fabrication) Level I;

who is able to exercise the skills and knowledge of that trade.

An Engineering Tradesperson Level I works above and beyond an employee at C11 and to the level of their training;

(1) Understands and applies of quality control techniques;

(2) Exercises good interpersonal and communications skills;

(3) Exercises keyboard skills at a level higher than C11;

(4) Exercises discretion within the scope of this grade;

(5) Performs work under limited supervision either individually or in a team environment;

(6) Operate and perform non-trade tasks including use of lifting equipment which is incidental to their work;

(7) Performs work while primarily involving the skills of the employee’s trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.

(8) Able to inspect products and/or materials for conformity with established operational standards.

Wage Group: C9

Engineering Tradesperson Level Ii

Engineering Technician Level I

An Engineering Tradesperson Level II is a:

Engineering Tradesperson (mechanical) Level II; or Engineering Tradesperson (fabrication) Level II: who has completed the following training requirement:

(i) 12 points above C10 towards an appropriate Post Trade Certificates;

(ii) 12 points above C10 towards an Advanced Certificate;

(iii) 12 points above C10 towards an Associate Diploma;

(iv) 12 points of other relevant training above C10.

An Engineering Tradesperson Level II works above and beyond a Tradesperson at C10 and to the level of their training;

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(2) Exercises discretion within the scope of this grade.

(3) Works under general supervision either individually or in a team environment.

(4) Understands and implements quality control techniques.

(5) Provide trade guidance and assistance as part of a work team.

(6) Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Engineering Tradesperson Level I.

Tasks which employees at this level may perform are subject to the employees having the appropriate Trade and Post Trade Training to enable them to perform particular tasks.

Wage Group: C8

Engineering Tradesperson Special Class Level II

Engineering Technical Level II

A Special Class Engineering Tradesperson Level I means a:

Special Class Engineering Tradesperson (mechanical) Level I; or

Special Class Engineering Tradesperson (fabrication) Level I;

who has completed the following training requirement:

(i) 24 points above C10 towards an appropriate Post Trade Certificate;

(ii) 24 points above C10 towards an Advanced Certificate;

(iii) 24 points above C10 towards an Associate Diploma;

(iv) 24 points of other relevant training above C10.

A Special Class Engineering Tradesperson Level I works above and beyond a Tradesperson at C9 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(2) Provides trade guidance and assistance as part of a work team.

(3) Assists in the provision of training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Work under limited supervision either individually or in a team environment.

(a) Exercises high precision trade skills using various materials and/or specialised techniques.

(b) Performs operations on a CAD/CAM terminal in the performance of routine modifications to NC/CNC programs.

(c) Installs, repairs and maintains, tests, modifies, commissions and or fault finds on complex machinery and equipment which utilises hydraulic and or pneumatic principles and in the course of such work, is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems.

(d) Before an Engineering Tradesperson special Class level II can advance to a C7 Classification, the company must have a position vacant for this classification and they must produce the formal qualifications required for the C7 position.

Wage Group: C7

Engineering Tradesperson - Special Class Level II

Engineering Technician - Level III

A Special Class Engineering Tradesperson Level II means a:

Special Class Engineering Tradesperson (mechanical) level II; or Special Class Engineering Tradesperson (fabrication) Level II; who has completed the following training requirement:

(i) An appropriate Post Trade Certificate;

(ii) 36 points above C10 towards an Advanced Certificate;

(iii) 36 points above C10 towards an Associate Diploma;

(iv) 36 points of other relevant training above C10.

An Engineering Tradesperson Special Class Level II works above and beyond a Tradesperson at C8 and to the level of their training:

(1) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(2) Is able to provide trade guidance and assistance as part of a work team.

(3) Provides training in conjunction with supervisors and trainers.

(4) Understands and implements quality control techniques.

(5) Works under limited supervision either individually or in a team environment.

The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate Trade and Post Trade Training to enable the employee to perform the particular indicative tasks;

(a) Works on machines or equipment, which utilise complex mechanical, hydraulic and/or pneumatic circuitry and controls or a combination thereof;

(b) Works on instruments, which make up a complex control system which, utilises some combination of mechanical or fluid power principles.

(d) Exercises intermediate CAD/CAM skills in the performance of routine modifications to programs.

5.3 Leading Hand -

Leading hands shall receive payment as set out in Table 3 - Leading Hand Margin, of Part B, Monetary Rates.

5.4 Points -

Each point is equivalent to 10hrs accredited training by a Registered Training Organisation (RTO).

Points assigned to classification levels shall be

C13	-
C12	32
C11	64
C10	96
C9	108
C8	120
C7	132

5.5 Consultative Committee -

The consultative Committee as formed under Clause 8 of the award shall be used as the vehicle to progress an application of an employee(s) into the a higher classification

Sub Committees made up of management; employees, union or unions may be set up to process an application by an employee(s) for consideration to be graded to a higher Classification within a stream. Determinations of sub committees must be processed and agreed to by the consultative committee.

5.6 Up-Grading Shall Be According To The Following Prinicples -

Employees who seek to be graded to a higher classification than they currently hold shall be considered in line with the requirements of the classification they seek to be graded to and the needs of the employer consistent with the provisions of this award.

In the event that there is a claim for an up-grading by an existing employee to a higher level on the ground that the employee possesses equivalent skill and knowledge gained through on‑the‑job experience or on any other ground the following principles shall apply.

The parties agree that the existing award disputes avoidance procedure will be followed:

The agreed competency standards established by the parties in conjunction with a Registered Training Organisation (RTO) shall be the method upon which an assessment is carried out.

The needs of the employer shall be deemed paramount in the up-grading of the employee

The parties are committed to the on going modernisation of the terms of the award and issues associated with training.

6. Tools

6.1 Power Tools etc - The employer shall provide for the use of tradesmen all power tools, special purpose tools, precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.

6.2 Maintenance Labourers shall have all necessary plant and tools provided free of charge. The employee shall replace or pay for any tools so provided if lost through the employees negligence.

7. Licence - Registration Allowance

7.1 Electricians who hold an Electricians Licence shall be paid the rate for such allowance as varied from time to time in the Electricians &c., (State) Award published 29 June 2001 (325 I.G. 808, as varied.

7.2 Plumbers Registration Allowance shall be paid the rate for such an allowance as varied from time to time in the Building Employees Mixed Industries (State) Award published 11 June 1993 (275 I.G. 418), as varied.

7.3 the current licence/registration allowance shall be paid as provided for in Table 2, Additional Margin, of Part B, Monetary Rates.

8. Payment of Wages

8.1 It is expressly agreed that Electronic Funds Transfer to a bank of their choice shall pay all employees, who are bound by the provisions of this award, wages. Such transfer of wages to nominated accounts will occur on the normal payday of the employer.

8.2 In order to improve efficiency and to avoid duplication in payroll administration alternative mechanisms for the payment of annual leave are agreed as follows:

(i) Leave will be paid in either of the following two methods, subject to adequate notification:

(a) Weekly as a normal pay, or if not advised differently;

(b) In advance on the Tuesday immediately prior to leave being taken.

The weeks wages owing for the current week of work would be paid in full on the first Tuesday following the employees return to work from annual leave, unless the employee chooses otherwise.

(ii) All annual leave payments would be processed therefore, directly to bank accounts on each Tuesday. Should any employee take leave at short notice which does not enable the leave to be paid in advance, this leave would be paid the following Tuesday.

(iii) There will be a provision made for emergency leave taken at short notice. Subject to the Employer’s approval, an emergency leave payment is available at short notice. This would be an advance against the annual leave pay processed the following Tuesday.

8.3 A pay advice envelope shall be made available each week outlining normal hours worked, overtime, and all allowances and deductions.

8.4 Weekly pay-slips are to be collected in each employee’s own time and the employees are required to sign off their time cards at the end of each week or before 8:15 a.m. on the following Monday.

9. Productivity, Efficiency and Flexibility

9.1 Single Bargaining Unit -

For the purpose of ongoing negotiations in accordance with the intent of this Award a single bargaining unit has been established as follows:

The single bargaining unit is constituted from a discrete section of the enterprise comprising one representative from each union representing maintenance/service personnel and The Labor Council of New South Wales, and representatives from management.

The Consultative Committee is established as follows:

Elected members from the various sections of the maintenance and services group and nominated management representatives.

9.2 Measures to achieve gains in Productivity, Efficiency and Flexibility -

9.2.1 The parties to this award expressly agree to the implementation of the following efficiency and productivity measures:

(i) The parties expressly agree that any rostering system for hours of work shall be the primary objective of allowing optimum maintenance work during periods of production downtime.

(ii) Details of the said roster are set out as follows:

The changes to span of hours, extension of shifts and expanded hours of work will not only provide direct savings in dollar terms but will provide the company and its subsidiary and its very active production plant (abattoir, boning, rendering, engine room and boiler house and tannery) an improved and extended maintenance service, with a reduction in downtime and capital works installations.

The workshop staff comprising:

Fitters

Plumbers

Electricians

Carpenters

Motor Mechanics

Builders Labourers

Apprentices

The staff are divided into 2 groups which comprises representatives of the various trades and occupations, with a leading hand or foreman in charge of each group.

The roster is spread over 12 hours covering the plant daily with a group starting early (6.00am) and another group finishing late (6.00pm) with an 8 hour day being the normal working day.

Saturdays are also covered with work being for 10 hours every Saturday (6am to 4pm) for each group working alternate Saturdays.

This gives major coverage of maintenance and capital works every Saturday, so that all weekends are being worked including holiday weekends.

Also during the working week lunch times shall be staggered to cover maintenance necessary over the lunchtime period. (Lunch break maintenance is eliminated with the introduction of staggered lunch breaks.)

During normal operational hours the roster represents only start and finish times to cover pre-start operational checks and procedures previously covered by overtime worked and Post operational maintenance and procedures also previously covered by overtime worked.

Saturday maintenance was carried out previously by the majority of the crew every Saturday for three Saturdays in a row (6 hours per Saturday, 6am to 12 noon) with the next Saturday off. In addition any long weekend, except for emergencies, was not worked.

The roster system shall give the Company the advantage of undertaking larger maintenance and capital projects over a 10-hour period rather than the previous 6 hour period

The afternoon shift gang (3.30pm to 11.30 pm) shall consist of 1 fitter and 1 labourer previous Gang make up on this shift was 2 fitters and 1 labourer.

Fireman (Boiler House)

Due to the possibility of conversion of boiler plant to unattended operation in the coming months, we agreed that the remaining fireman be trained as a relief engine driver and than take up duties alternating between engine room and boiler plant.

Engine Driver (Engine Room)

The three engine drivers work a 7 day rotating roster system between them over 2 shifts only (4am to 12 noon/12 noon to 8pm). This allows one engine driver to work a 6am to 2pm shift during the week, Wednesday to Sunday, excepting holidays and RDO’s. This period of the second engine driver being on duty is called the "fool about shift" as each takes a turn on the roster for a week. This period will now be used to allow RDO’s of each driver to be taken when his lack of presence will not be so critical, and when other drivers are not on holiday, RDO or sick leave.

9.2.2 It is agreed as a provision of the award that, where required by management, employees shall work on the union picnic day or additional holiday at ordinary-time rates of pay. Each employee, after working such day as set out, shall then be entitled to take such day off at some later time as an additional day of or in conjunction with a period of annual leave. Each employee shall be required to advise the management of how and when they desire to take their picnic day or additional holiday.

9.2.3

(i) It is accepted by the parties to this award that, subject to negotiations in other personnel areas of the Abattoir or tannery, some production areas may in the future be required to work on some public holidays. The parties expressly agree that, in such circumstances, a limited crew shall provide maintenance services to the plant(s) on these days. The size of the crew shall be determined in consultation with the Consultative Committee.

(ii) The payment for such work as in (i) above shall be agreed through consultation at that time however, consideration of measures such as those which apply to picnic day and as set out at 4 above, and payment as per the parent award or some other agreed method will be used as starting points for negotiation.

9.2.4 The parties have undertaken that all maintenance/service employees will participate in Consultative Committee Training as conducted by suitable Trainers as a means of fostering co-operation and commitment in respect of this agreement award and future productivity and efficiency negotiations.

9.2.5 Consistent with a process of continual improvement aimed at best practice, the parties recognise that numerous areas exist which are worthy of further investigation. The parties have identified a number of such areas. The introduction of the following measures is not mandatory. They are noted in an advisory capacity only, likewise the parties should not be limited to the measures listed when considering ongoing improvement.

(i) Objective Of This Clause

The central aim of this clause is to enable The Northern Co-operative Meat Company Limited and it’s subsidiary to increase the rate of implementation at its site of workplace reforms which are fundamental to achieving international best practice.

The changes required involve fundamental changes in attitude and thinking on the part of individual employees as well as organisational culture. It involves developing participative and consultative processes, which aid and are a part of organisational change as well as reorganising physical structures and systems.

In addition the aim is to incorporate the change process into the work culture to create organisations which are capable of renewal, flexibility and change in the long term.

Therefore the principal objectives of this agreement are:

To continue and progress the workplace reform and cooperation already established. Continuing to develop and foster a culture of involvement and therefore continuous improvement in all areas of the business, by employees covered by this agreement.

to make significant advances in the company’s competitiveness, both domestically and internationally.

(ii) Strategy

It is through the implementation of a multifaceted strategy that we will enable increase in productivity and efficiency, resulting in job security.

The key feature of the strategy will be an integrated approach focusing on all parts of the organisation and will identify and achieve specific and measurable improvements in productivity, quality and competitiveness. Without limiting the parties ability to raise issues, the guiding principle will be extensive consultation with and involvement of such employees in the process.

(iii) Work Organisation

The way that works is organised is a critical element in the productivity and efficiency of a company. Fragmented work organisation-based and narrow functional job definitions puts limitations on the skills held by employees and creates negative job attitudes.

The company will work towards an examination of its processes and sub-processes including analysis of value added and non-value added activities along with a thorough review of current work organisation with emphasis on the following areas:

Increased flexibility and formation of quality driven, broadly skilled, self managing work teams to provide a wide variety of functions including participation in managerial processes such as planning, organising, directing and controlling.

Creating roles of management and supervision consistent with the devolution of responsibility and less hierarchical organisational structures. The role of management will change from directing and supervising to providing support, resources, leadership and facilitation to work teams.

Parties to this agreement will Foster a work environment where all continuously strive for improvement in what is done, in order to optimise value through improvements in productivity and quality.

(iv) Job Design

A review of work organisation will necessitate job re-design. The job design project will be undertaken on a participative basis utilising the knowledge and experience of a cross-section of employees. Such an approach will ensure both the relevance of the job models themselves to the company and the understanding of employees as to what is proposed. A set of job models for the company will be developed for presentation to all employees through the consultative process.

The outcomes of the job design project will therefore be agreement to the implementation of job classifications which achieve the objectives of restructuring, productivity and efficiency gains in the context of new skill acquisition and participation opportunities for employees. Furthermore, these classifications will also reflect any skill requirements which may be necessary in the future and for which training may be necessary.

(v) Skills Analysis

The company will conduct a skills analysis against these job models. The consultative committee will review these reports and develop company training plans. The purpose of the skills analysis is to provide the enterprise with comprehensive data on the current skills base of the organisation.

Training and demonstrated competence through an accredited assessment procedure will provide the basis for career progression for workers and access to higher paid classifications in a structure yet to determined by the parties.

(vi) Consultative Mechanisms

In order to participate in management processes, employees must have greater access to information and input to problem solving and decision making as a routine part of work team activities. The tasks of the consultative committee are:

To act as a forum for examining quality and efficiency issues, job design and training plans to achieve successful implementation of workplace reform;

To improve quality, efficiency and productivity in relevant areas of operation as a basis for contributing to the achievement of business goals;

To review present work organisation and procedures, and identify or develop necessary improvements;

To focus on performance against agreed objective measurement criteria or benchmarks;

To develop the skills and experience of employees by identifying and implementing appropriate training and personal development programs within the framework of the key objectives of the agreement;

To improve teamwork skills including candour, creativity, commitment, communication, consultation, cooperation and critical analysis, as a basis for achieving both employee and corporate goals.

(vii) Quality Management Systems

The objective is:

(a) To provide the production sector with the assurance that a quality product or service will be supplied;

(b) To give the minimum guidelines to allow the development of an appropriate Quality Management System which can demonstrate product or service quality assurance to the production sector. In other terms, this sector of the enterprise shall define and document it’s policy and objectives for, and commitment to quality. The company shall also ensure that this policy is understood, implemented and maintained at all levels of the organisation.

(viii) Benchmarking, Monitoring And Evaluation

As a major part of this agreement the company will identify world’s best performers in the major sectors of its business and establish relationships with such organisations both domestically and internationally to develop goals in terms of international best practice.

Through the consultative process, it is intended to establish a measurement and monitoring system, which will include performance indicators in the following areas:

Financial performance - including revenue, costs, profits, return on investment, etc.;

Productivity - including productivity per employee, direct/indirect labour ratios, cycle time ratios, value added/ non-value added performance, safety performance, absenteeism; with close liaison with the production sector;

Source, contribution and effect of reduction on non-value added time;

Effect and contribution of a more flexible and higher skilled workforce;

Effect and contribution of better methods of work organisation;

Quality - including assessment of the cost of quality in accordance with Australian and international standards. This assessment will incorporate specific measurement of all quality parameters including cost of prevention, cost of appraisal and cost of failure - both internal and external;

Related performance indicators including a range of customer satisfaction measures and internal assessment of employee satisfaction.

These measures will form the basis for comparison in establishing benchmarking goals. Departmental teams will be formed to address the key result areas of the organisation. They will link with the groups working on the development of a comprehensive performance measurement system. Performance indicators developed here will be an important foundation for comparison with other organisations.

These teams will conduct research and analyse collected data to assist in the identification of possible benchmarking partners.

Partnership relationships where possible will be established with benchmark organisations to compare our performances with those who represent "best in class" be they domestic or international organisations. This part of the project will involve visits to our benchmarking partners for the purpose of comparison and the lessons learned will form the basis of subsequent establishment of goals and, more importantly, the implementation of best practices identified in the process. The performance measurement system will evaluate and monitor the successful adoption of the best practices throughout the enterprise and into the future. The benchmarking process will become an important and integral feature of the company’s focus on improving the system of production and services in all facets of the business.

(ix) Management/Unions Commitment

Management and the unions involved realise the significance and importance of this agreement to the future of the organisation and its employees. With this in mind, both management and the unions make the following commitments:

To work cooperatively to ensure the development of best international business practice consistent with the aims and objectives of this award and thereby maximise the competitiveness of the company and job security of its employees.

To develop and maintain consultation and involvement of employees in each stage of the process of change and improvement.

9.3 Review of Efficiency and Productivity -

The Consultative Committee shall continuously monitor the application of this award to ensure the effective implementation of structural efficiency and productivity matters agreed to as a means of ensuring the success of this enterprise bargaining exercise.

10. Training

The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of the Abattoir, a commitment to training and skill development is required.

(i) Where as a result of consultation in accordance with Clause 8, Productivity, Efficiency and Flexibility, of this Award or through the agreement of the Consultative Committee and with the employee concerned, it is agreed that additional training in accordance with the program developed pursuant to this sub-clause should be undertaken either on or off the job. Provided that if the training is undertaken as detailed above during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

(ii) Any costs associated with the standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employers library) incurred in connection with the undertaking of training as detailed in subclause (i) of this clause shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall also be on an annual basis subject to the presentation of satisfactory progress.

(iii) Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

(iv) Where an employee is required to travel outside the normal area at the request of the employer for training or work then the employee is entitled to reimbursement in line with the company’s policy on travelling. Any alterations to the companies policy on travelling will be detailed to the Consultative Committee.

11. Apprenticeship and Traineeship

See Apprenticeship and Traineeship Act 2001 The provision relating to wages and conditions are contained within the appropriate clauses of this Award.

Wages paid shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

12. Contract of Employment

Section I - Weekly Employment:

(1) Weekly Employment - Except as provided in Section II - Casual Employment of this clause - Employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

(a) Employment shall be terminated by a week’s notice on either side given at any time during the week or by the payment or forfeiture of a week’s wage as the case may be, except where the circumstances of termination of employment fall within the provisions of clause 22, Technological Change and Redundancy of this Award.

(b) Where the employee has given or been given notice as aforesaid the employee shall continue in his/her employment until the date of the expiration of such notice. An employee who having given or been given notice as aforesaid and without reasonable cause (proof of which shall lie on him/her) absents himself/herself from work during such period shall be deemed to have abandoned his/her employment and shall not be entitled to payment for work done by him/her within that period.

(c) Provided that where an employer has given notice as aforesaid, an employee on request shall be granted leave of absence with pay for one day in order to look for alternative employment.

(d) Notwithstanding the provisions of paragraph (a) of this sub-clause, the employer shall have the right to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.

Section Ii - Casual Employment:

(1) Casual Employment - A casual employee is one engaged and paid as such.

(2) Duration Of Casual Employment - Except by mutual agreement between the employer and the employee a casual employee shall after two weeks employment, be deemed to be a weekly employee whose terms of employment shall forthwith be prescribed by section 1 - weekly employment of this clause.

(3) Casual Employment Additional Rate - A casual employee shall be paid 20 per cent in addition to the weekly rate for which the employee performs. The casual employment additional rate shall be paid for all purposes of the Award.

(4) Minimum Payment - A casual employee who is requested to report for work shall be paid a minimum of 4 hours pay.

Section III - Probationary Period:

(1) The probationary Period for all employees shall be six months

(2) In the event of retrenchments, should downsizing occur in a "classification" as defined in clause 3, Wages, then those employees who are within the classification and on probationary period will be terminated first.

13. Hours and Implementation of 38 Hour Week

13.1 The ordinary hours of work under this Award shall be an average of 38 per week and may be worked up to 8 hours per day Monday to Friday both days inclusive. Such hours shall be worked between the hours of 6.00a.m. and 5.00p.m.

13.2 There shall be allowed, without deduction of pay, a rest period of 15 minutes between starting time and meal time

13.3 The rest break and the meal break shall not be taken concurrently.

13.4 No employee shall be required to work more than six hours without a meal break. Such break shall not be less than 30 minutes duration and not more than 60 minutes duration.

13.5 The method of working the 38 hour week will be as follows:

(a) employees working 8 ordinary hours each day and accruing 2 hours per 40 hour week .

13.6 Flexibility in relation to Rostered Days Off:

(a) The Maintenance employees at the Northern Co-operative Meat Company have agreed to accumulate a minimum of 5 rostered days off before such rostered days off can be taken as time off. The rostered days off must be taken within 12 months.

(b) The employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situations.

(c) An individual employee, with the agreement of the employer, may substitute the day The employee is to take off for another day.

14. Disputes Procedure

The parties to this Award shall observe the following procedures for avoidance of industrial disputes.

1. Should any dispute arise then the matter is handled by the Union Delegate of that trade and the first line of management.

2. Should the dispute be unresolved then the matter is referred to the Chief Engineer, together with the Union Delegate of that trade for resolution.

3. If the above two steps do not resolve the dispute the respective Union Organiser and the General Manager are to be involved.

Notwithstand1ing the above 1 to 2, of this clause, in the event of a formal reprimand or disciplinary action against an employee the Union Delegate of that trade is to be present during the reprimand.

4. Where the parties fail to resolve the dispute in accordance with 3 of this clause, it is agreed that notification shall be made pursuant to the appropriate section of the Industrial Relations Act 1996 for the express purpose of ensuring all avenues of conciliation and mediation are fully explored.

5. Whilst the above procedure is being effected, work shall continue normally except, in the area the subject of a safety dispute where the only work to be carried out will be for safety rectification. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this sub-clause.

6. If the parties fail to resolve the dispute in accordance with sub-clause 4 of this clause, they may or by agreement, request the Industrial Relations Commission of New South Wales to assist in resolving the matter by adopting the role of arbitrator consistent with the provisions of the NSW Industrial Relations Act 1996.

In the event that any dispute appears likely to remain unresolved, or that stoppages of work or bans and limitations have been placed on the performance of work or that lock-outs or blatant breaches of the Award are occurring nothing in this clause shall restrict a Union or the Company referring the matter to the Industrial Relations Commission of New South Wales or from that body exercising it’s statutory powers.

15. Shift Work

15.1 Definition - for the purposes of this clause.

(a) "Afternoon Shift" means any shift finishing after 6.00p.m. and at or before midnight.

(b) "Continuous Work" means works carried on with consecutive shifts of men throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(d) "Rostered Shift" means any shift of which the employee concerned has had at least 48 hours notice.

15.2 Hours - Continuous Work Shifts: This sub-clause shall apply to shift workers on continuous work as herein before defined.

(a) The weekly ordinary hours of shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days.

Provided that a shift cycle may differ from that prescribed by this sub-clause as to all or a section of employees by mutual agreement between an employer and a majority of employees concerned.

(b) Subject to the following conditions such shift workers shall work at such times as the employer may require:

(1) a shift shall consist of not more than 8 hours, inclusive of crib time;

(2) except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours;

(3) 20 minutes shall be allowed to shift workers each shift for crib, which shall be counted as time worked;

(4) an employee shall not be required to work for more than 6 hours without a break for a meal.

15.3 Hours - Other Than Continuous Work

(a) This sub-clause shall apply to shift workers not upon continuous work as herein before defined.

(b) The weekly ordinary hours of work shall be an average of 38 hours per week, the average hours per week being calculated over the shift cycle.

Subject to the following conditions such shift workers shall work at such time as the employer may require:

(1) A shift shall not exceed 8 hours of ordinary time work. Provided that the ordinary time of work of a shift may be altered as to all or a section of employees by mutual agreement between an employer and the Union.

(2) Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer.

(3) Except at the regular change-over of shifts an employee shall not be required to work more than one shift in each 24 hours.

(4) An employee shall not be required to work for more than 6 hours without a break for a meal.

15.4 Roster - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

15.5 Variations by Agreement - The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment.

The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or, in the absence of agreement, by 7 days notice of alteration given by the employer to the employees.

15.6 Afternoon or Night Shift Allowances:

(a) A shift worker whilst on afternoon or night shift shall be paid for such shifts 15% percent more than his/her ordinary rate.

(b) An employee who, during a period of engagement on shift:

(1) works night shift only; or

(2) remains on night shift for a longer period than 4 consecutive weeks; or

(3) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least one third of his/her working time off night shift in each shift cycle.

Shall during each engagement, period or cycle be paid 30 percent more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.

15.7 Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in sub-clause (6) of this clause.

15.8 Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this Award or on a shift other than a rostered shift shall:

(a) If employed on continuous work be paid at the rate of double time, or

(b) If employed on other shift work be paid at the rate of time and a half for the first 2 hours and double time thereafter.

Except in each case when the time is worked:

(1) By agreement between the employees themselves, or

(2) For the purpose of affecting the customary rotation of shifts.

(c) When not less than 7 hours 36 minutes notice has been given to the employer by a relief that the employee will be absent from work and the employee who the employee should relieve is not relieved and is required to continue to work on his/her rostered day off, the unrelieved employee shall be paid double time.

(d) Rest Period After Overtime - When overtime work is necessary it shall wherever reasonably practicable, be so arranged that the employees have at least ten consecutive hours off duty between the work of successive days.

An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that the employee has not at least ten consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If on the instruction of his/her employer such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

16. Overtime - Holidays, Picnic Day and Sundays

16.1 All overtime shall be paid at 1.5 times for the first 2 hours and double time thereafter, excluding Engine Drivers and Boiler Attendants who will be paid double time from the commencement of overtime.

16.2 All overtime worked between 12.00 p.m. Saturday and 8.00 a.m. Sunday shall be paid at double time with a minimum payment for 4 hours. Any ordinary time worked 12.00 a.m. Sunday to 8.00 a.m. Monday shall be paid at double time.

16.3 Requirement to Work Reasonable Overtime

An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

The assignment of overtime by an employer to an employee shall be based on specific work requirements and the practices of ‘one in, all in’ overtime shall not apply.

16.4

(a) All meal breaks during overtime, weekends and Public Holidays shall be paid meal breaks.

(b) If the employee has not been given 24 hours notice of overtime, a meal shall be supplied or a meal allowance paid.

(c) If overtime continues for 1.5 hours or more after normal finish time a twenty- (20) minute meal break shall be taken at normal finish time.

(d) The meal allowance payable shall be as set out in Table 4 - Other Allowances, of Part B, Monetary Rates.

16.5 Call Back - An employee recalled to work overtime after leaving the employers business premises (whether notified after clocking off or after leaving the premises) shall be paid for a minimum of four hours work.

16.6 Subject to arrangements entered into in the Northern Co-operative Meat Company Limited (Enterprise Bargaining) Consent Award 1993, the following, in respect of Public Holidays shall apply:

(a) All time worked on Public Holidays shall be paid at 2.5 times with a minimum payment for 4 hours.

(b) Public Holidays shall be as proclaimed by the State Of NSW (eg):

New Year’s Day

Australia Day

Good Friday

Easter Saturday

Easter Monday

Anzac Day

Queen’s Birthday

Labour Day

Christmas Day

Boxing Day

Picnic Day as per Clause 8, (b) 4.

½ Day Gold Cup for Carpenters and Builders Labourers only

Engine Drivers and Boiler Attendants are entitled to 1 Additional Day

and any additional day which may be gazetted and applicable.

16.7 Project Work on Public Holidays - the following provisions shall apply in respect to project work undertaken on public holidays.

(a) Employees shall supply labour for project work on public holidays to ensure continuity of work.

(b) The number of employees so required to work will be agreed in consultation with the Chief Engineer and the Consultative Committee.

(d) Employees who work on public holidays in accordance with this provision shall be paid at time and a half and be given another agreed day off with pay.

(e) No project work will be undertaken on Christmas Day, Boxing Day or Good Friday.

(f) Employees required to work beyond eight hours on a public holiday under this provision shall be paid double time and a half until they cease work.

17. Annual Leave and Long Service Leave

See Annual Holidays Act 1944 and NSW Long Service Leave Act 1955.

Provided that:

(1) Shift Workers -

(a) Shift Workers shall receive payment for Annual Leave according to the pay they would have received working their roster.

(b) If the calculation according to (a) of this sub-clause is lower than the all purpose rate for that classification for a day worker, plus 17.5% then the latter payment shall apply.

(2) Day Workers

(a) Shall, when proceeding on their Annual Leave, receive a 17.5% loading on the all "purpose rate of pay applicable for their classification".

(3) The loading shall apply to all Annual Leave taken on each occasion.

18. Shop Stewards

18.1 An employee appointed shop steward in the shop or department in which the employee is employed shall upon notification thereof to his/her employer, be recognised as the accredited representative of the union to which the employee belongs. An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees whom the employee represents.

18.2 Subject to the prior approval of the employer, an accredited shop steward shall be allowed at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited union official of the union to which the employee belongs on legitimate union business.

19. Protective Clothing

19.1 Each full-time employee shall on an annual basis, be entitled to receive free of charge, one pair of safety boots and 2 sets of protective clothing. Such protective clothing / boots shall be replaced on a fair wear and tear basis within the 12 months period. The employee is responsible for taking reasonable care of such protective clothing and boots.

19.2 All safety accessories required by an employee shall be supplied free of charge. The person to which safety accessories are issued shall be duly responsible for the accessories.

20. Bereavement Leave/Jury Duty/Parental Leave/Family Leave

20.1 Bereavement Leave -

(a) An employee, other than a casual employee, shall be entitled to a maximum of 2 days bereavement leave without deduction of pay on each occasion of the death of a person as prescribed in subclause 20.4.1.3(ii) of this clause.

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

(c) Bereavement leave shall be available to the employee with respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph 20.4.1.3(ii), provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

(e) Bereavement leave may be taken in conjunction with other leave available under subclauses 20.4.2, 20.4.3, 20.4.4 and 20.4.5. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

20.2 Jury Duty -

Should an employee be required to attend to jury duty the employer shall allow such time off without loss of pay for the employee to attend.

Without loss of payment shall mean, the employer shall make up the difference between any pay-outs made to the employee by a statutory authority and what would have been earned if the employee remained on the job.

20.3 Parental Leave -

As per the Industrial Relations Act 1996.

20.4 Family Leave -

20.4.1 Use of Sick Leave

1.1 An employee with responsibilities in relation to a class of person set out in section (ii) of subparagraph 1.3 of this paragraph who needs their care and support shall be entitled to use, in accordance with this sub-clause, any sick leave entitlement which accrues after the commencement of this Award for absences to provide care and support for such persons when they are ill.

1.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

1.3 The entitlement to use sick leave in accordance with this sub-clause is subject to:

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

(ii) the person concerned being;

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

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

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

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has be blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

1.4 An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

20.4.2 Unpaid leave for family purposes

2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in section (ii) of subparagraph 1.3 of paragraph 1 of this sub-clause who is ill.

20.4.3 Annual Leave

3.1 To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed by the parties.

3.2 Access to annual leave, as prescribed in paragraph 3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

20.4.4 Time off in lieu of payment for overtime

4.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime or times agreed with the employer.

4.2 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.

4.3 An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under paragraph 4.1 of this sub-clause where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this sub-clause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under 4.1 above as an overtime payment or as time off work at the ordinary time rate of pay.

20.4.5 Make-up time

5.1 An employee may elect, with the consent of their employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award at the ordinary rate of pay.

21. Sick Leave

Entitlement to Sick Leave - an employee on weekly hire who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity not due to his/her own wilful misconduct, shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

(a) Subject to the provisions of the Workers Compensation Act 1987, the employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to Workers Compensation.

(b) The employee shall within 24 hours of the commencement of such absence inform his/her employer of his/her inability to attend for duty and as far as possible state the nature of his/her illness or incapacity and the estimated duration of same.

(c) The employee shall prove to the satisfaction of his/her employer (or, in the event of a dispute, to the Industrial Relations Commission of New South Wales), that the employee was unable to account of such illness or injury to attend for duty on the day or days for which sick leave is claimed. Where the employee has more than three single sick leave days in any 12-month period, satisfactory proof of illness or injury shall be by way of a Doctors certificate

(d) An employee shall not be entitled to leave in excess of the following:

(1) After 13 continuous weeks service with the employer, 5 days of ordinary working time shall be allotted. Up until the 13 weeks an employee is not entitled to any sick leave. From 13 weeks until the 12-month anniversary of their employment only the 5 days are available as sick leave.

(2) On the first and subsequent anniversary dates of his/her employment with the employer, 10 days of ordinary working time will be allotted.

22. Work Related Injuries

21a.1 Employees as a whole accept the challenge to reducing the accident rate by 20 percent against the lost time injury hours for the previous 12 months. Such reduction program shall be controlled and monitored by the department based safety committee.

21a.2 Notification of Available Duties - Where an employee has been injured in a work-related incident, employees are required to have their treating doctor sign a form acknowledging the list of duties that are available.

23. 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 section of the plant or any other enterprise.

24. Technological Change and Redundancy

Application

(i)

(a) This clause shall apply in respect of full-time and part-time persons employed under this Award.

(b) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(c) Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of causal employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(ii) Introduction of Change

(a) Employer’s Duty to Notify

(1) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effect on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(2) "Significant Effects" include termination of employment, major changes in the composition, operation or size of the employer’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 restraining or transfer of employees to other work or locations and the restructuring of jobs.

(b) Employer’s Duty to Discuss Change

(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) of this sub-clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this sub-clause.

(3) For the purpose of such discussions, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

Redundancy

(i) Discussions Before Terminations

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone. And that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(b) The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this sub-clause and shall cover, inter-alia, any reasons for the proposed termination, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

(c) For the purpose of the discussion the employer shall, as soon as practicable, provide the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

Termination Of Employment

(i) Notice for Changes in Production, Program, Organisation or Structure

This paragraph sets out the notice provision to be applied to terminations by the employer for reasons arising from changes in "production" "programme" "organisation" or "structure".

(a) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 year	3 weeks
5 years and over	4 weeks

(b) In addition to the notice above, employees over 45 years of age at the time of giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

(c) 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.

(ii) Notice for Technology Change

This sub-clause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" (defined as "where machinery or computers replace the job being done by an individual or individuals")

(a) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

(b) 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.

(c) The period of notice required by this sub-clause to be given shall be deemed to be service with the employer 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.

(iii) Time Off During the Notice Period

(a) During the period of notice of termination given by the employer an employee shall be allowed up to one day’s time off without loss of pay during each week of notice to a maximum of 5 weeks, for the purposes of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(iv) Employee Leaving During the Notice Period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(v) Statement of Employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

(vi) Notice to Centrelink

Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(vii) Centrelink Employment Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.

(viii) Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to, if the employee’s employment had been terminated and the employer may at the employer’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.

Severance Pay

(i) Where an employee is to be terminated and, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(b) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service	45 Years of Age and Over
	Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(c) "Weeks pay" means the all purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances paid in accordance with the [clause/s of award dealing with these matters].

(ii) Incapacity to Pay

Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales an employer may pay a lesser amount (or no amount) of severance pay than that contained in sub-clause (i) above.

The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission of New South Wales thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) above will have on the employer.

(iii) Alternative Employment

Grievance And Dispute Resolution Procedures

(i) Procedures Relating to Grievances of Individual Employees

(a) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

(b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(d) At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

(e) While a procedure is being followed, normal work must continue.

(f) The employee may be represented by an industrial organisation of employees.

(ii) Procedures Relating to Disputes etc Between Employers and Their Employees

(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(b) Reasonable time limits must be allowed for discussion at each level of authority.

(d) The employer may be represented by an industrial organisation of employer and the employer may be represented by an industrial organisation of employees for the purposes of each procedure.

25. Use of New Technology

All employees employed as Engine Drivers agree to use new technology to reduce the need for call-outs, as an example, the use of notebook for remote access to the plant room computer system from home via modem.

26. Savings Clause

(a) Conditions or payments which have not been documented in this award and the employee or employer may be entitled to under existing Work Practices at the time of making this Award shall remain in force until agreement is reached on the method of handling such conditions or payments.

(b) This award shall not operate so as to cause an employee to suffer a reduction in ordinary time earnings or in State or National standards such as standard hours of work, annual leave or long service leave.

27. Savings Provisions

25.1 It is the intention of the parties to this Award, in making the Award, to consolidate the Awards listed in (clause 3. Scope and Application) above.

25.2 Nothing in this Award is meant to vary, rescind or change in operation that which applied in the awards listed in (clause 3. Scope and Application) above.

25.3 Any party to this award may apply to have this award varied where an error and/or omission occurred which might have changed the terms, conditions or operation of the awards listed in (clause 3, Scope and Application) above.

25.4 The parties reserve the right to seek a variation in the wages and other related areas in the award where they reach agreement in improved productivity and efficiency in the industry.

28. Area, Incidence and Duration

This award rescinds and replaces the Northern Co-operative Meat Company (Maintenance and Services) (State) Award 2000 published 23 February 2001 (322 I.G. 643), and all variations thereof.

The area and incidence of this award shall apply to the Northern Co-operative Meat Company and its subsidiary Casino Hide Traders at their Premises at 10615 Summerland Way Casino, NSW (the Company) and to all Maintenance and Services employees employed by the Company.

This award shall take effect from the first pay period to commence on or after 16th February 2004 and shall remain in force thereafter for a period 1 year (12 months).

PART B

MONETARY RATES

Table 1 - Wages

Classification	Wage Rate
	$
C7	731.88
C8	705.76
C9	679.60
C10	653.45
C11	588.00
C12	545.93
C13	504.06

Apprentices
Year	% of C10 Rate	Wage Rate
		$
1st Year	39	254.85
2nd Year	52	339.79
3rd Year	70	457.42
4th Year	76	496.62

Table 2 - Additional Margins

Qualification	Rate per week
	$
Electrician’s Licence -
A Grade	25.00
B Grade	13.40
Plumber’s Licence	40.90
Plumber’s Registration	19.30

Table 3 - Leading Hand Margin

Leading Hand	Rate per week
	$
In charge of -
3 - 9 Employees	22.65
10 - 19 Employees	33.95
20 or more Employees	43.20

Table 4 - Other Allowances

Brief Description	Rate
	$
Meal Money	6.70

I. W. CAMBRIDGE, Commissioner.

____________________

Printed by the authority of the Industrial Registrar.

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