FRESH START BAKERIES AUSTRALIA PTY LIMITED (NSW) ENTERPRISE AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, an industrial organisation of employees.

 

(No. IRC 5284 of 2004)

 

 

AWARD

 

PART A

 

Section 1:

 

Preamble

 

Clause No.          Subject Matter

 

1.         Title

2.         Statement of Intent

3.         Parties, Area, Incidence and Duration

 

Section 2:

 

Conditions of Employment

 

4.         Contract of Employment

5.         Hours of Work

5a.       Procedure for Introduction of Shifts Over 10 Hours Etc.

5b.       Flexible Leave Bank System

6.         Meals

7.         Shift Work

8.         Overtime

9.         Payment of Wages

 

Section 3:

 

Leave

 

10.       Holidays

11.       Annual Holidays

12.       Annual Holiday Loading

13.       Long Service Leave

14.       Sick Leave

15.       Jury Service

16.       Bereavement Leave

17.       Personal/Carer’s Leave

 

 

 

 

Section 4:

 

Classifications and Remuneration

 

18.       Rates of Pay

19.       Pre Existing Rate of Pay

20.       Other Rates and Allowances

 

Section 5:

 

Human Resources

 

21.       Settlement of Disputes and Grievances

22.       Sickness and Accident Insurance

23.       Occupational Superannuation

24.       Redundancy

25.       Uniforms

26.       Occupational Health & Safety

27.       Anti-Discrimination

28.       Consultative Committees

29.       Labour Hire Employees

30.       Leave Reserved

31.       Right of Entry and Delegates’ Rights

32.       Salary Packaging

33.       Skills Review

 

PART B

 

Appendix 1 - Wage Rates

Appendix 2 - Other Rates and Allowances

Appendix 3 - Buns Classifications

 

Clause 1:  Title

 

This Award shall be known as the Fresh Start Bakeries Australia Pty Limited (NSW) Enterprise Award 2004.

 

Clause 2:  Statement of Intent

 

This Award reflects a joint commitment by the company, its employees and the Union to provide workplace and employment conditions under which the services of Fresh Start Bakeries Australia Pty Limited (New South Wales) can be delivered in an efficient, flexible and profitable manner.

 

In particular, the intent of the parties is to:

 

utilise the terms of this Award in a constructive, managed and co-operative manner in order to ensure a workplace that reflects industry best practice and supports the long term viability of the Enterprise, and hence the employment security of the employees.

 

increase the domestic competitiveness of the Enterprise by achieving significant and on going improvement in efficiency, productivity, workplace flexibility and quality of products and services.

 

increase job scope, ensure job satisfaction and the quality of working life of the employees.

 

provide broader career paths for all employees based on skills and competencies and the

contribution they make to the business performance.

 

ensure the development of participative management/employee decision making processes which support the contribution of employees on all work related issues.

 

provide high standards of Occupational Health and Safety, equality of employment and exclusion of discrimination in any form.

 

recognise that the company has the right to make changes to its operations in the best interests of the business.

 

Clause 3:  Parties, Area, Incidence and Duration

 

(i)         The parties to this Award are Fresh Start Bakeries Australia Pty Limited ("the Company") and the Australian Liquor, Hospitality and Miscellaneous Workers Union , NSW Branch ("Union").

 

(ii)        This Award shall apply to all apprentices to trades declared for the purposes of the Apprenticeship and Trainee Act, 2001 by the Industrial and Commercial Training {Declared Trades and Declared Callings} Orders, 2001 and to all other classes of employees of Fresh Start Bakeries Australia Pty Limited within the jurisdiction of the following Conciliation Committees ("employees"):

 

Baking Industry (State) Conciliation Committee

 

Engineers, &c. (State) Conciliation Committee, the Boilermakers, &c. (State) Conciliation Committee and the Sheet Metal Workers, &c. (State) Conciliation Committee

 

Electricians, &c. (State) Conciliation Committee

 

Clerical and Administrative Employees (State) Conciliation Committee

 

provided that employees whose terms and conditions of employment are governed by any of the following Awards:

 

Metal & Engineering Industry (New South Wales) State Award

 

Electricians (State) Award

 

Clerical and Administrative Employees (State) Award

 

shall continue to have their terms and conditions of employment governed by those Awards except that the following clauses of this Award shall apply to those employees in lieu of any like clauses in the Awards nominated above and that no payments or increases to rates of pay, other than those specified in this Award, shall be paid to those employees.

 

Clause 2 - Statement Of Intent

 

Clause 5B - Flexible Leave Bank

 

Clause 18 (i) - Rates of Pay

 

Clause 22 - Sickness & Accident Insurance

 

Clause 25 - Redundancy

 

(iii)       This Award shall take effect from 1 September 2004 and shall remain in force until 31 May 2006.

 

(iv)       Subject to sub-clause (ii) above, this Award shall operate in lieu of and wholly replace any other award that might otherwise govern the terms and conditions of employment of the employees.

 

(v)        The parties agree that no later than three (3) months prior to the expiration of this Award, discussions shall commence regarding the desirability and content of a future Award.

 

Clause 4:  Contract of Employment

 

(I)         Contract Of Employment

 

(a)        Full Time Employment

 

(i)         Full Time employees are those regularly engaged for no less than an average of 38 ordinary hours per week and no more than an average of 40 ordinary hours per week. A full-time employee shall not be required to work as a part-time employee unless otherwise agreed.

 

(b)        Part-time Employees

 

Part-time employees shall be engaged to work a regular number of hours per week under a written agreement.  Subject to the exceptions permitted under this clause, each employee's written agreement shall specify the days of the week upon which ordinary hours are to be worked, the number of ordinary hours to be worked on each of those days.  This written agreement may be varied at any time, either for an indefinite or specified period, by agreement between the employer and the employee directly concerned, subject to the limitations and procedures specified below:

 

(i)         Ordinary hours for part time employees shall be between an average of twelve (12) and thirty six (36) ordinary hours per week, inclusive. Provided that part time employees may work full-time for defined periods by agreement under the provisions of subclause (iv) of this clause.

 

(ii)        Part-time employees on any form of paid leave prescribed by this Award shall be paid the amount which they would have been paid for ordinary hours on the day if they had worked.

 

(iii)       Subject to this sub-clause, all provisions of this Award shall apply to part-time employees on a proportional basis.

 

(iv)

 

(a)        Subject to (b) below, variations to employees’ part time employment arrangements may be made by a further written agreement, specifying the hours, days, duration and commencement date and signed by the employee/employer.  A copy will be provided to the employee.

 

(b)        Where ordinary hours are reduced, the employee will be advised in writing of the affect on earnings and other entitlements such as annual, sick and long service leave.

 

(c)        Employees may refer any issues related to the variation of part time employment arrangements to their supervisor or union representative.

 

(v)       Except for the mechanisms outlined above for varying an employee’s part time work agreement, an employee classified as part time, shall remain as such.

 

(c)        Casual Employees

 

(i)         A casual employee shall mean an employee who is engaged as such and paid as such.

 

(ii)        A casual employee may be engaged in an emergency, to supplement weekly employees when weekly employees are not available or to meet seasonal production requirements.  Subject to (b) (vii) of this Clause, any employee who is engaged for less than an average of twelve (12) hours per week shall be engaged as a casual employee.

 

(iii)       Subject to this sub-clause the provisions of this Award shall apply to a casual employee save and except the following clauses:

 

Clause 4(i)(i)	Notice of Termination
Clause 5B	Flexible Leave Bank
Clause 10	Holidays
Clause 11	Annual Holidays
Clause 12	Annual Holiday Loading
Clause 14	Sick Leave
Clause 15	Jury Service
Clause 16	Bereavement Leave
Clause 17	Family Leave
Clause 25	Redundancy

 

(iv)      The ordinary hours of work shall not be less than 2 hours on any day nor more than 10 hours on any day.

 

(v)       Casual employees may be paid through the normal weekly pay process.

 

(d)        Probationary Employment

 

(i)         A probationary period of three (3) months will be applied to all new employees, other than casuals. This probationary period shall commence from the date of engagement. During the probationary period, the employee's employment may be terminated by either the employee or the employer with the giving of two days notice.

 

(ii)        On commencing employment, probationary employees will be advised as to the performance standards expected of them and will be provided with adequate feedback through regular performance reviews during the period of probationary employment.

 

(iii)       If, during the period of probationary employment an employee resigns or is dismissed by the employer, the employee is required to surrender any company property in his/her possession, including any company uniforms issued at the commencement of employment. Should an employee fail to comply with this requirement, the cost of the uniforms or other property will be deducted from any monies due to the employee at the date of termination.

 

(iv)      Casual employees who are offered permanent employment shall have the period of their probationary employment reduced by the quantum of time employed as a casual.

 

(e)        Fixed Term Employees

 

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

 

(f)         Employment of Apprentices.

 

Apprentices shall be employed in accordance with the relevant provisions of the Apprenticeship and Trainee Act 2001 and this Award.  The following provisions shall apply in respect of apprentices, provided the allowances prescribed do not apply to adult apprentices where adult apprentices are paid in excess of the apprenticeship wage rates specified in this Award:

 

(i)         The period of apprenticeship for persons entering the trade of bread manufacturing shall be as set out in their Deed of Indenture.  The nominal term being four years.

 

(ii)        An apprentice who gains a pass at the Stage 1 Examination of the trade or correspondence course shall be paid a margin as set out in Item 1 of Table 1 of Appendix 2 of Part B of this Award in addition to the award rate prescribed in this Award for the remainder of their term of apprenticeship commencing from the first pay period in the calendar year following the examination.

 

(iii)       An apprentice who completes successfully their full course in the bread manufacturing trade or correspondence course of technical training shall be paid a margin as set out in Item 2 of Table 1 of Appendix 2 of Part B in addition to the margin prescribed by paragraph (ii) of this sub-clause, and in addition to the Award rate prescribed within this Award for the remainder of their term of apprenticeship commencing for the first pay period in the calendar year following the examination.

 

(iv)      An apprentice who passes at all stages of the trade course in the period normally required for its completion and whose workshop performance is satisfactory shall, during the last six months of apprenticeship or the balance of apprenticeship whichever is the less, be paid at the rate, including shift penalty rates, prescribed for a tradesperson under this Award.

 

(v)       An apprentice, whose place of work and of residence are so situated that it is reasonably practicable for the apprentice to attend a college which conducts the trade course, shall attend such college for study in the trade course for the period necessary for him to qualify in the course and shall repeat any stage or any subject in a stage of the course which he/she has failed to complete satisfactorily; provided that an apprentice who, due to circumstances beyond his/her control, fails in any subject of the course, may continue with the course beyond the normal duration of the course if reports from the college show that satisfactory progress is being made; and provided further that an apprentice who fails in any stage of the course may progress to the next stage of the course if permitted to do so by the college under an arrangement approved by the Department of Technical and Further Education.

 

(vi)      The college fees for instruction of each apprentice shall be paid by the employer for each year of the trade course or correspondence course.

 

(vii)     Any apprentice who is given time off during ordinary working hours for the purpose of attending at a college for instruction and fails to so attend shall not be paid for such time off.

 

(viii)    An employer shall reimburse to an apprentice all fares reasonably incurred in attending the college.

 

(ix)       An employer shall co-operate with the technical college in the training of an apprentice in the manner recommended by the technical college.

 

(x)        An apprentice who is not obliged to attend the trade course in accordance with sub-clause (v) of this clause shall study the trade course by correspondence, as conducted by the College of External Studies of the Department of Technical and Further Education.  For the purpose of taking full advantage of the instruction by correspondence, the apprentice to whom this subclause shall apply, during ordinary working hours, shall study to carry out assignments of this course for two hours each week, and the employer shall pay such apprentice his wage and shift penalty rates during such time.

 

(xi)       During each stage of the correspondence course referred to in paragraph (viii) of this sub-clause, the apprentice shall attend a technical college for training for such period as is required from time to time by TAFE, provided that satisfactory progress has been made with correspondence lessons.  Such attendances shall not be undertaken during the period of annual leave, and the employer shall pay all fees, fares and reasonable accommodation expenses in connection with the training for each period of four weeks not otherwise made by the Government of NSW.

 

(ii)        Termination Of Employment

 

(a)        Notice of Termination by Employer

 

(i)         The employer must not terminate an employee's employment unless:

 

(a)        the employee has been given either the period of notice required by subsection (ii) below, or compensation instead of notice; or

 

(b)        the employee is guilty of serious misconduct, that is, misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period.

(ii)        The required period of notice shall be:

 

 

The period of notice is increased by one week if the employee is over 45 years old and has completed at least 2 years continuous service with the employer.

 

(iii)       Payment in lieu of notice shall be made if the appropriate notice period is not given.  If appropriate, part of the period may be worked out, and the remainder shall be paid out.

 

(b)        Notice of Termination by Employee

 

Employment may be terminated by the employee by giving one week's notice to the employer, at any time during the week, or by the forfeiture of one week's wages in lieu thereof.

 

(c)        The period of notice may be waived with the mutual agreement of both parties.

 

(d)        When employment is terminated, wages and any other payments due shall be paid at the completion of the last week of employment.

 

(e)        Except when absent on approved paid leave,  an employee not attending for duty shall lose pay for the actual time of such non-attendance.

 

Clause 5:  Hours of Work

 

(i)         The ordinary hours of work for employees other than part-time employees shall not be less than an average of thirty eight (38) per week, nor exceed an average of forty (40) per week. Rostered ordinary hours of work shall not exceed fifty (50) in any seven day period.

 

(ii)        The ordinary hours of work for part-time employees shall be as provided in Clause 4(b).

 

(iii)       The ordinary hours of work prescribed herein may be worked on any day Sunday to Saturday.

 

(iv)       Subject to Clause 5A below, the ordinary hours of work shall be worked on not more than five consecutive days per week provided that by agreement between the employer and the majority of employees affected, the ordinary hours of work may be worked over non-consecutive days of the week.

 

(v)        Subject to Clause 5A below, the ordinary daily hours of work shall be:

 

(a)        for full-time employees, not less than six (6) hours nor more than 10 hours per day;

 

(b)        for part-time employees, not less than four (4) hours nor more than 10 hours per day.

 

(c)        for casual employees, not less than two (2) hours nor more than 10 hours per day.

 

(vi)       Circumstances may arise where different work rosters will apply to various groups or sections of employees in the factory or establishment concerned.

 

(vii)      Other than in circumstances provided for in Clause 4(i)(b)(iii), the ordinary hours of work prescribed herein shall be worked continuously except for meal breaks. Provided further that an unpaid meal break given and taken in accordance with the provisions of Clause 6, Meals, of this Award shall not cause any single shift of work to be treated as two separate shifts for any purposes of this Award.

 

(viii)     Crib Breaks for Delivery Drivers

 

Where an employee is engaged as a Delivery Driver, hours of work shall be rostered to provide for a paid crib break of not less than twenty minutes, which shall be counted as time worked.

 

(ix)       An employee engaged as a dockhand, who is required to carry out driving duties for at least three (3) hours in any one shift shall be entitled to a paid twenty (20) minute crib break.

 

Clause 5A: Procedure for the Introduction of Shifts Over 10 Hours or Over More Than 5 Successive Shifts

 

Flexibility in the designated patterns of work will optimise work effectiveness, offer the Company greater opportunities to respond to market and customer requirements and provide employees with greater scope for balancing work and family commitments.  The parties to this Award are committed to the following procedure for the introduction of shifts in excess of ten hours and up to twelve hours, and/or of rosters incorporating more than five successive working days.

 

(i)         The Company will provide information on the causes of and nature of the proposed changes including Occupational Health and Safety considerations and all aspects of the proposed change will be fully discussed with all affected employees.

 

(ii)        No roster will be introduced under the provisions of this clause unless each employee required to work under the proposed new roster agrees to its introduction.  Furthermore, no roster will be introduced under the provisions of this clause where doing so would make it economically and/or organisationally non-viable for those employees in the affected section who wish to do so to continue working under their current roster/s.

 

(iii)       The change will be reviewed at the end of an agreed period.  This review will include Occupational Health & Safety considerations.

 

(iv)       Each roster shall provide an average of at least two rest days for each seven days covered by the full roster cycle, with each rest period normally being a minimum of two consecutive days.

 

(v)        A twenty minute paid crib break is to be taken between the eighth and tenth hours of any twelve hour shift at time mutually agreed between the employees and the company

 

(vi)       Any dispute arising from these arrangements shall be processed through the Settlement of Grievances and Disputes procedure outlined in Clause 21 of this Award.

 

(vii)      Following the review of new arrangements, new employees may be engaged under the above work roster arrangements provided that the roster details are provided prior to the acceptance of the position.

 

(viii)     The Union shall be provided with full details when such rosters are implemented.

 

Clause 5B:  Flexible Leave Bank System

 

The intention of the Flexible Leave Bank System is to provide permanent employees with paid time off to attend to personal or other matters, and to provide greater choice to employees for the taking or cashing in of accumulated hours worked. The principles of the Flexible Leave Bank System are as follows:

 

(i)         Credits for the Flexible Leave Bank will accrue by deducting 5% from each employee's ordinary time Award wages (inclusive of all ordinary time penalties and all purpose allowances but exclusive of overtime payments) and by crediting the amount deducted to the employee's Flexible Leave Bank.

 

(ii)        An employee and his/her supervisor may mutually agree to the taking of Flexible Leave at any time, for any purpose, and over any desired period.

 

(iii)       Where mutual agreement cannot be reached then, subject to sub-clause (vii) below, leave of one or more complete days, up to the amount accumulated in an employee's Flexible Leave Bank, shall be granted to the employee upon 14 days written notice being given to the employer.  A period of 14 days written notice shall also be required for the cashing in of credits held in an employee's Flexible Leave Bank.

 

(iv)       Credits taken in the form of leave will be deducted from the employee's leave bank at the appropriate hourly rate including all ordinary time penalties and all purpose allowances, so that an employee taking leave under the provisions of this clause shall receive the same ordinary time payment as he/she would have received had the leave not been taken.

 

(v)        Management may specify minimum staffing requirements for each work section so that there is minor disruption to the operational processes, provided that the minimum shall not be more than 85% of full time equivalent employees engaged in that section.  If such a minimum is specified then an employee may be refused access to Flexible Leave where granting that leave would cause the staffing level in the employee's section to fall below the specified minimum, even though 14 days written notice has been given. Employees who are refused leave under this provision shall be given priority when the staffing level in their section recovers.  The parties accept that additional levels of casual employees may be initially required to supplement and support existing employee resources.

 

(vi)       During the first pay week in June each year, all credits in excess of $2,000.00 will be paid out to full time employees, and all credits in excess of $1,000.00 will be paid out to part time employees.

 

(vii)      The minimum amount of credits that may be cashed at any one time is $200.00 by full time employees, and  $100.00 by part time employees.

 

(viii)     No leave loading is paid on leave taken under the Flexible Leave Bank.

 

(ix)       The Flexible Leave Bank will be administered by the Pay Department. All accrued credits will be recorded in the employee's Flexible Leave Bank via the current time sheet arrangement. Wages slips will display an employees available credits each week.

 

(x)        Where an employee ceases employment with the Company any credits owing to that employee shall be paid out upon termination.

 

(xi)       Grievances or disputes regarding the Flexible Leave Bank arrangements will be resolved through the Settlement of Disputes and Grievances process detailed in Clause 21 of this Award.

 

(xii)      Credits will continue to be deducted during periods of paid leave in accordance with (iii) above (except for periods of Workers Compensation Leave).

 

Clause 6:  Meals

 

(i)         Each employee must take and each employer must give on each day at least half an hour for a meal after the expiration of 3 hours and commencing within 6 hours of starting work.

 

(ii)        An employee not commencing a meal break within 6 hours of starting work shall be paid double time until a meal break is taken with a minimum of one half hour's pay at such rate.

 

(iii)       Meal breaks shall not count as time worked.

 

(iv)       An employee required to work overtime for 2 hours or more without being notified at least one day before, shall be paid a meal allowance as set out in Item 9 of Table 1 of appendix 2 of Part B of this Award.

 

(v)        The meal breaks prescribed in this Clause shall be given and taken so as not to interfere with the continuity of work and at times mutually agreed between the employer and the employee.

 

Notation: Note: Delivery Drivers shall be entitled to a twenty minute paid crib break (See also Clause 5(viii).

 

Clause 7:  Shift Work

 

(i)         Except at the regular changeover of shifts and with respect to "split shift" arrangements, an employee shall not be required to work more than one shift in each 24 hours.

 

(ii)        Roster: Shift rosters shall specify the commencing and finishing times of ordinary hours of work of the respective shifts.  The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees affected to suit the circumstances and needs of the plant or establishment or in the absence of agreement by fourteen days' notice of alteration given by the employer to the employee.

 

(iii)       Minimum time off between shifts:10 hours

 

If the next shift is scheduled to commence before ten hours has expired, the employee shall be entitled to be absent from work on that shift until he/she has had ten hours off duty without any deduction being made in ordinary pay or shift penalty payable for such absence.

 

(iv)       Roster Variations:  Shift rosters shall specify the commencing and finishing times of ordinary hours of work of the respective shifts. The time of commencing and finishing shifts, once having been determined, may be varied by agreement between the employer and the majority of employees affected to suit the circumstances and needs of the plant or establishment or, in the absence of agreement, by fourteen days' notice of alteration given by the employer to the employee.

 

(v)        Rotation of shifts:  Shifts may be rotated. Different methods of rotation may apply in respect of particular groups or sections of employees in a plant or establishment.  Where shifts rotate, the rotation may be weekly, fortnightly, four-weekly or at such other interval as-may be agreed from time to time between the employer and the majority of the employees affected.

 

(vi)       A weekly employee working as part of a shift roster  (not an employee whose ordinary role it is to relieve) who is required by management to change shifts, for the purpose of replacing another employee who is on leave, shall not suffer any reduction in ordinary earnings whilst on that shift, provided that such leave does not exceed 5 weeks in duration.

 

(vii)      Shift Allowance for ordinary hours of work (% of ordinary hourly rate of employees classification for each hour worked)

 

(a)	Between midnight Sunday and midnight the following Friday	20%
	(Between 6.00pm one day and 6.00am the following day)
(b)	Between midnight Friday and midnight Saturday	50%
(c)	Between midnight Saturday and midnight Sunday	100%
(d)	Public Holiday

 

Payment of 150% in addition to the normal hourly rate (inclusive of any applicable shift allowance) or a total of 250%, whichever is the greater, provided that Casual employees shall receive a maximum of 250%.

 

Clause 8:  Overtime

 

(i)

 

(a)        Overtime Arrangements to apply after November 15 2002. All time worked by an employee in excess of or outside the employee's ordinary hours of work shall be overtime and shall be paid for at the ordinary hourly rate plus 50 per cent of the ordinary hourly rate for the first two hours on any day, and at the ordinary hourly rate plus 100 per cent of the ordinary hourly rate thereafter.

 

(b)        Overtime Arrangements to apply after November 15 2002. All overtime worked on a Sunday shall be paid at the ordinary hourly rate plus 100 per cent of the ordinary hourly rate.

 

(c)        All overtime worked on a holiday, as provided for in clause 10, Holidays, shall be paid at twice the ordinary hourly rate plus 50 per cent of the ordinary hourly rate.

 

(ii)        Where an employee works overtime on any day and such overtime does not immediately precede or follow ordinary hours of work, an employee shall be paid for a minimum of four hours overtime at the appropriate rate.

 

(iii)       Rest Periods After Overtime:

 

(a)        When overtime is necessary it shall, wherever reasonably practicable, be so arranged that the employee has at least 10 consecutive hours off duty between the work of successive days.

 

(b)        An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next that they have not had at least 10 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 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(c)        Failing an instruction from the employer that an employee should not resume or continue work without having had such 10 consecutive hours off duty the employee shall be paid at the ordinary hourly rate plus 70 percent until they are released from duty for such period and shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. For the purpose of this clause from 30 October 2000 the rate to be applied will be the ordinary hourly rate plus 90 percent.

 

Clause 9:  Payment of Wages

 

(i)         With the exception of production supervisors, employees shall be paid weekly or in accordance with such other arrangements as may be agreed between the employer and the employees affected. Such pay period shall not be altered without fourteen (14) days notice.

 

(ii)        Where an employer alters the pay week the employer shall in respect of that week, pay to each employee then employed, by way of an advance, any moneys earned from the end of the new pay week until the end of the "old" pay week. In respect of each week thereafter until such advance has been repaid the employer may retain twenty dollars ($20) from payments due to the employee. In the event of the termination of employment before repayment of such advance a further deduction of any balance required for that purpose may be made from moneys due to the employee. Such deductions, together with any additional deductions made for that purpose with the written authority of the employee shall be deductions authorised by this Award.

 

Clause 10:  Holidays

 

(i)

 

(a)        The days on which the following holidays are observed shall be award holidays, viz., New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Anzac Day, Eight Hour Day, Christmas Day, Boxing Day, together with any other days proclaimed or gazetted as a public holiday for the State. The picnic day of the Union (which shall be held on the first Tuesday in November each year, or such other day as agreed between the employer and the employee) shall also be observed as a holiday, provided that in Queanbeyan, the picnic day shall be observed as the same day as Labour Day in the Australian Capital Territory.

 

(b)        For the purpose of this sub-clause an employee shall be treated as working on one of the days specified in paragraph (a) if that employee works on a shift which is worked in order to produce bread for sale on one of such days even though the shift is not worked on one of such days.

 

(ii)        A weekly employee normally rostered to work on the above holidays shall be entitled to the holiday without loss of ordinary time pay or shift penalty, provided that the employee worked on the working day immediately preceding the holiday day and/or immediately succeeding the holiday. Where two holidays fall on consecutive days an employee who worked on either the working day preceding or the working day succeeding either such day but not on both shall be paid for the holiday nearer to the said day on which the employee worked; provided that an employee who produces evidence satisfactory to the employer that the absence from work on any such a day before or after a holiday was due to a good and sufficient cause shall not lose payment for the relevant holiday.

 

(iii)       Where the company requires production to continue at any site during one of the above holidays then the following procedures shall apply:

 

(a)        The Company shall notify employees at the site of the staffing needs (including skills numbers, and functions required) twenty-eight (28) days prior to the holiday;

 

(b)        The notice will invite volunteers from casuals, part-time and full-time employees;

 

(c)        Ten (10) days prior to the holiday of the Company will advise employees whether there is a short fall for the holiday in question, and details thereof;

 

(d)        The Company will maintain a list of employees who have worked such holidays and such employees will be given preference in relation to not being required to work on the following holiday. The Company will seek to allocate the requirement of employees to work public holidays on an evenly distributed basis.

 

(iv)       A weekly employee rostered off on a  holiday, except Easter Saturday, shall be entitled to one additional day as a holiday which shall be taken as agreed between the employee and the employer or failing agreement to be added to the employee's entitlement to annual holidays.

 

(v)        The minimum number of hours for which an employee is required to be paid when working on a public holiday shall be five (5).

 

Clause 11:  Annual Holidays

 

(i)         See the Annual Holidays Act 1944.

 

(ii)        Employees who are engaged in a continuous shiftwork operation and who, as part of that operation, regularly rotate through the seven days and regularly work Sundays and Public Holidays shall be entitled to an additional week of annual leave.

 

(iii)       The shift penalty payments prescribed in sub-clause (vi) of clause 7, Shiftwork, of this Award shall be regarded as part of the ordinary pay of employees entitled to such payments for the purposes of the Annual Holidays Act 1944.

 

Clause 12:  Annual Holiday Loading

 

(i)         In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(ii)        Before an employee is given and takes annual holiday, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employee shall be paid a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see sub- clause (iv)).

 

(iii)       The loading is payable in addition to the pay for the period of annual holiday given and taken due to the employee under the Act and this award.

 

(iv)       The loading is 17.5% of the employee's ordinary rate of pay for the period of the annual holiday.  For the purposes of this subclause, the "ordinary rate of pay" shall be based upon the rates applicable from time to time in Table 1 of Appendix 1 of Part B of this Award.

 

(v)        This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if not on annual holidays; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday), which the employee would have worked during the period, exceeds the loading calculated in accordance with this Clause, then that amount shall be paid to the employee in lieu of the loading prescribed by this Clause.

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with sub-clause (iv) of this Clause applying the award rates of wages-payable on that day.

 

(vii)      Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(a)        an employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with sub-clause (iv) of this Clause.

 

(b)        an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable under the Act such proportion of the loading that would have been payable under this Clause if the employee had become entitled to an annual holiday prior to the close down as the employee's qualifying period of employment in completed weeks bears to 52.

 

(viii)

 

(a)        When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with sub-clause (iv) for the period not taken.

 

(b)        Except as provided by paragraph (a) of this sub-clause, no loading is payable on the termination of an employee's employment.

 

Clause 13:  Long Service Leave

 

(i)         See Long Service Leave Act 1955.

 

(ii)        The shift penalty payments prescribed by sub-clause (vi) of clause 7, Shiftwork, of this Award shall be regarded as part of the ordinary rate of pay of employees entitled to such payments for the purposes of the Long Service Leave Act 1955.

 

Clause 14:  Sick Leave

 

(i)         After not less than three months continuous service, paid sick leave will be made available (subject to the provisions of this Award) at the rate of 3.167 hours per month for each completed month of the first year of employment.  Thereafter, the entitlement to sick leave per year of employment shall be 61 hours.

 

(ii)        Employees on weekly hiring who, after not less than 3 months' service, are absent from work on account of personal illness or injury by accident shall be entitled to sick leave, without deduction of pay, subject to the following conditions and limitations:

 

(a)        Employees shall not be entitled to paid sick leave of absence for any period in respect of which they are entitled to workers compensation.

 

(b)        Employees shall at least one hour before the ordinary starting time of the first day of the employees absence, unless it is not reasonably practicable to do so, inform the employer of inability to attend for duty, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

 

(c)        An employee shall prove to the satisfaction of the employer that the employee was unable, on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed; provided that for the first five (5) single days for which sick leave is claimed in a year of employment, a medical certificate shall not be required.

 

(d)        A part-time employee shall, subject to the provisions of this clause be entitled to a proportionate amount of sick leave.  The amount of sick leave to which a part-time employee is entitled in any year shall bear the same proportion to sick leave prescribed during that year of employment for a full-time employee as the part-time employee's average number of ordinary hours worked during the previous six months of employment, or if there is not a 6 month period of employment then the average number of ordinary hours worked during the actual period of employment, bears to the number of ordinary hours worked by full-time employees.

 

(e)        An employee shall be entitled to sick leave without reduction of penalty rates.

 

(iii)

 

(a)        The employee's entitlement under this clause shall accumulate from year to year so long as the employee's employment continues with the employer, whether under  this or any other Award, so that any sick leave entitlement which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer subject to the conditions prescribed by this Clause in a subsequent year of such continued employment.

 

(b)        For each day's absence from work, the employee's accrued sick leave entitlement shall be reduced by the number of ordinary daily hours for which the employee was rostered for that day in accordance with clause 6, Hours of Work, of this Award.

 

(c)        Where a business, undertaking or establishment or any part thereof is transmitted from one employer to another employer and an employee who at the time of the transmission was employed by the transmitter in that business, undertaking, establishment or part thereof becomes an employee in the employ of the transmittee any sick leave which has accumulated and not been taken during the employment with the transmitter may be claimed by the employee and shall be allowed by the transmittee subject to the conditions prescribed by this clause during the employee's employment with the transmittee. Sick leave accumulated by an employee pursuant to this paragraph shall be deemed to be sick leave accumulated during the employee's employment with the transmittee. An employee who was employed by the transmitter at the time of the transmission and thereafter. is employed by the transmittee shall be entitled to sick leave during the first 3 months employment with the transmittee notwithstanding sub-clause (i) of this Clause.

 

(d)        Where an employee is transferred from the service of an employer being a corporation to the service of another employer, being a corporation related to the first employer at the time of the transfer, sick leave accumulated and not taken in the employ of the first employer shall after the transfer be deemed to be sick leave accumulated in the employ of the second employer and the employee shall be entitled to sick leave during the first 3 months of employment with the second employer.

 

(iv)       For the purpose of this clause continuous service shall be deemed not to have been broken by:

 

(a)        any absence from work on leave granted by the employer; or

 

(b)        any absence from work by reason of personal illness, injury, or other reasonable cause (proof whereof shall in each case, be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of 3 months.

 

(v)        Service with the employer before the date of coming into force of this Award shall be counted as service for the purpose of qualifying for sick leave.

 

(vi)       Employees and the Employer shall act in good faith and in cooperation of this clause.

 

Clause 15:  Jury Service

 

(i)         A weekly employee shall be allowed leave of absence during any period when required to attend for jury service.

 

(ii)        During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee's normal rate of pay.

 

(iii)       An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirement as soon as practicable after receiving notification to attend for jury service.

 

Clause 16:  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days’ bereavement leave without deduction of pay on each occasion of the death in Australia of a person prescribed in subclause (iii) of this clause.  Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia the employee shall be entitled to two days’ bereavement leave where such employee travels outside Australia to attend the funeral.

 

(ii)        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.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of clause 17, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv) and (v) of the said clause 17.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

Clause 17:  Personal/Carer’s Leave

 

(i)         Use Of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in (c)(2) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for at clause 14, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish, by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(2)        the person concerned being:

 

(i)         a spouse of the employee; or

 

(ii)        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

 

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

 

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

 

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

 

(a)        "relative" means a person related by blood, marriage or affinity;

 

(b)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(c)        "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and 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.

 

(ii)        Unpaid Leave For Family Purposes

 

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 (i)(c)(2) above who is ill.

 

(iii)       Annual Leave

 

(a)        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.

 

(b)        Access to annual leave, as prescribed above, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

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

 

(iv)       Time Off In Lieu Of Payment For Overtime

 

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

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        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 D(i) of this subclause where such time has not been taken within four weeks of accrual. Not withstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under D(i) above as an overtime payment or as time off work at the ordinary rate of pay.

 

(v)        Make-Up Time

 

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.

 

Clause 18:  Rates of Pay

 

(i)         The minimum weekly rates of pay for full-time employees under this Award shall be as set out in Table 1 of Appendix 1 of Part B of this Award.  The rates of pay contemplate the changes that the company intends to implement to its operations during the life of this Award and the contributions that employees shall make to the implementation of those changes.

 

(ii)        Part-time employees.

 

Part-time employees shall be paid at the hourly rate of one thirty- eighth of the appropriate wage rate of this Award.

 

(iii)       Casual employees.

 

The hourly rate of pay for casual employees shall be calculated by dividing the appropriate weekly rate of pay by 38 plus 15 per cent.

 

(iv)

 

 

Clause 19:  Pre Existing Rates of Pay

 

(i)         Notwithstanding any other provision of this Award no employee to whom this Award applies shall, while remaining in the employ of the employer by whom or which that employee was employed in the pay week preceding 3 January, 1990 be paid an amount per week by that employer which is less than the employee was paid by that employer under an award provision for the employee's ordinary weekly hours of work plus shift penalty (if any) for that pay week.

 

(ii)        Provided that the amount per week specified in (i) above shall be increased as follows:

 

(a)        Eight dollars ($8.00) effective as of 22 May 1995;

 

(b)        An amount equal to five per cent (5%) of the employee's ordinary time award weekly wage (inclusive of all ordinary time penalties) effective as at 1 December 1995;

 

(c)        An amount equal to one per cent (1%) of the employee's ordinary time award weekly wage (inclusive of all ordinary time penalties) effective as at 1 February 1997;

 

(d)        An amount equal to one per cent (1%) of the employee's ordinary time award weekly wage (inclusive of all ordinary time penalties) effective as at 1 July 1997.

 

(e)        An amount equal to five and one half per cent (5.5%) of the employee's ordinary time award weekly wage (inclusive of all ordinary time penalties) as at the date of ratification of the Quality Bakers Australia Limited 1997 Enterprise Award;

 

(f)         An amount equal to five per cent (5%) of the employee's ordinary time award weekly wage (inclusive of all ordinary time penalties) effective as at 1 December 1998.

 

Clause 20:  Other Rates and Allowances

 

The following allowances shall be paid:

 

(a)        A Leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of more than four people, the achievement of their work task and on the job training, shall receive, in addition to the rate payable for his/her classification, an allowance as set out in Item 1 of Table 1 of Appendix 2 of Part B.

 

(b)        A leading operator, other than a Bread Industry Employee Level 1, who is responsible for a group of less than four people, the achievement of their work task and on the job training, shall receive in addition to the rate payable for his/her classification, an allowance as set out in Item 2 of Table 1 of Appendix 2 of Part B.

 

(c)        An employee who is required to drive a vehicle as part of the conditions of employment shall be paid an allowance for all purposes of this Award as set out in Item 3 of Table 1 of Appendix 2 of Part B.

 

(d)        An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications such as a certificate from the St. John Ambulance or similar body shall be paid an allowance as set out in Item 4 of Table 1 of Appendix 2 of Part B if appointed by the employer to perform first-aid duty.

 

(e)        Where an employee is appointed to be in charge of firing a boiler and is appropriately certificated by the Department of Industrial Relations, Employment, Training and Further Education, the employee shall be paid an allowance as set out in Item 5 of Table 1 of Appendix 2 of Part B.

 

(f)         Any driver who is required to stay away from home because they have reached the legal maximum log book driving limit shall be paid an allowance per occasion as set out in Item 6 of Table 1 of Appendix 2 of Part B.

 

(g)        An employee who carries out freezer duties for greater than 50% of his/her shift will be paid an allowance per week as set out in Item 7 of Table 1 of Appendix 2 of Part B (Note: "Freezer Duties" means that the employee is wearing the freezer suit and continually entering and leaving the freezer).

 

(h)        An employee who operates a forklift for greater than 50% of his/her shift will be paid an allowance per shift as set out in Item 8 of Table 1 of Appendix 2 of Part B.

 

Clause 21:  Settlement of Disputes and Grievances

 

(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 remedies sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible:

 

Step 1 Employees Supervisor

 

Step 2 Departmental Manager

 

Step 3 Liverpool Site Manager

 

(c)        Reasonable time limits must be allowed for discussions at each level of authority.

 

(d)        At the conclusion of the discussions, 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)        Whilst a procedure is being followed, normal work must continue.

 

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

 

(g)        Should the matter not be concluded or resolved it may be referred to the Industrial Relations Commission.

 

(ii)        Procedures relating to disputes between employers and their employees:

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with gradual 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.

 

(c)        Whilst a procedure is being followed, normal work must continue.

 

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

 

(e)        Should the matter not be concluded or resolved it may be referred to the Industrial Relations Commission.

 

Clause 22:  Sickness and Accident Insurance

 

(i)         Employees will be given a choice of funds nominated by the LHMU and an alternative fund nominated by the Company.

 

(ii)        The Company and the LHMU shall jointly review the insurance cover, on a quarterly basis, and resolve any issues that may arise at that time.

 

(iii)       Both the Company and the LHMU reserve the right to cease the insurance cover, for any reason, twelve (12) months after the implementation of the insurance cover or at every subsequent twelve (12) monthly interval. If this occurs, all employees shall receive an increase to their ordinary time award wage rate of one and one half percent (1.5%) at the time of the cessation of the insurance cover.

 

Clause 23:  Occupational Superannuation

 

The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

Notwithstanding the above mentioned, the following minimum provisions shall apply:

 

(i)         The employer shall pay on behalf of each full-time adult employee 9% of the employees ordinary rate of pay per week in a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

 

(ii)        The employer shall pay on behalf of each part-time adult employee who earns in excess of $450 or more ordinary pay per month 9% of the employee's ordinary rate of pay into a fund meeting the requirements set down by the Commissioner for Occupational Superannuation.

 

(iii)       Where an employee is absent, on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee, in respect of the period of unpaid absence.

 

(iv)       The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employee's employment with the employer.

 

(v)        An employer who at the date of the variation of this award is already contributing to a superannuation fund meeting the requirements set down by the Commissioner for Occupational Superannuation, in accordance with the principles established in the State Wage Case of December, 1987 shall be exempt from this clause.

 

(vi)       Where an employer has failed, pursuant to sub-clause (i) & (ii) of this clause to make application to participate in the fund, the employer shall make application to participate in the fund and upon acceptance by the Trustees shall make an initial contribution to the fund, in respect of each employee, as if the employer had made application to participate in the fund and been accepted by the Trustees prior to 28 February 1992, after which the employer shall then continue to make payments as prescribed by this award. Other than for back-payment contributions, the employee shall not be entitled to:

 

(a)        interest on contributions; and/or

 

(b)        death and disability cover,

 

until such time as the employer becomes a member of the fund; that is, the date of acceptance by the trustees.

 

(vii)      Contributions made by the Employer in accordance with this clause, shall be made as follows:

 

(a)        the employer shall offer each employee a choice between the Australian Retirement Fund (ARF) and the Goodman Fielder Superannuation Fund.

 

(b)        the employee shall nominate the fund into which contributions shall be made.

 

Clause 24:  Redundancy

 

A         Application

 

(i)         This clause shall apply in respect of full time and part time employees employed under  the Classifications of this Award but shall not apply to employees engaged as Managers in Distribution, Production or Breadroom.

 

(ii)        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 casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

B          Introduction Of Change

 

(i)         Employer's Duty to Notify -

 

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

 

(b)       "Significant effects" include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)        Employers Duty to Discuss Change -

 

(a)        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 subclause B(i) above "Employers Duty To Notify" of this clause, the effects the changes are likely to have on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)       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 B(i) of this clause.

 

(c)        For the purpose of such discussion, 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 the employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

C          Redundancy

 

(i)         Discussions Before Terminations

 

(a)        Where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subclause B(i), 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 is practicable after the employer has made a definite decision which will invoke the provision of (a) above and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

(c)        For the purposes of the discussion the employer shall, as soon as practicable, provide to 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 workers 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.

 

D          Termination Of Employment

 

(i)         Notice For Changes In Production, Program, Organisation Or Structure -

 

The notice to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure" in accordance with subclause B(i) of this clause shall be 4 weeks, or 4 weeks pay in lieu of such notice. Provided that this period of notice shall be increased by one week if the employee is over 45 years of age and has completed two years continuous service with the employer.

 

(ii)        Notice for Technological Change -

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause B(i) of this clause:

 

(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 subclause 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 other 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 the week of notice, to a maximum of five 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 Commonwealth Employment Service -

 

Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service 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)      Department of Social Security 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 the Department of Social Security.

 

(viii)     Transfer to Lower Paid Duties -

 

Where an employee is transferred to lower paid duties for reasons set out in subparagraph subclause B(i) of this clause, 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 rate for the number of weeks of notice still owing.

 

E          Severance Pay

 

(i)         Where an employee is to be terminated pursuant to subparagraph D of this clause, subject to further order of the Industrial Relations Commission, the employer shall pay a minimum of three (3) weeks severance pay in respect of each completed year of continuous service with no maximum limit. Further, employees shall receive pro-rata entitlements for part years.

 

However, if the scale below provides a greater benefit for the employee in such circumstances, then this scale shall be observed:

 

(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 & 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 this Award.

 

(ii)        Alternative Employment -

 

Subject to an application by the employer and further order of the Industrial Relations Commission, the employer may pay a lesser amount (or no amount) of severance pay than that contained in E(i) above if the employer obtains acceptable alternative employment for an employee.

 

F          Other Entitlements

 

In addition to the notice prescribed in subclause D above and the severance payments prescribed in E above, employees who are made redundant shall receive pro-rata Long Service Leave for the entire period of their continuous service.

 

G          Selection Criteria For Redundancy

 

The employer shall select, in consultation with the Union, employees for redundancy based upon the operational requirements of the Enterprise including, but not limited to, criteria such as attendance, performance, length of service, skills, etc.

 

H          Procedures Relating To Grievance

 

Grievances relating to individual employees will be dealt with in accordance with clause 21 " Settlement of Disputes and  Grievances" of this Award.

 

Clause 25:  Uniforms

 

(i)         Supply of clothing:  There shall be provided and maintained in good order and condition, for the use of every person engaged in-the bakehouse in a manufacturing process, a sufficient supply of clothing consisting of -

 

(a)        an overall, or a bib apron or short trousers;

 

(b)        suitable head covering.

 

(ii)        Provided that short trousers shall not be provided for the use of any person unless he/she agrees to wear short trousers. All overalls, bib aprons and short trousers provided pursuant to this clause shall be of light coloured washable material and all head covering so provided shall be of light coloured washable or disposable material. Each such person shall be provided with clean clothing at least twice weekly.

 

(iii)       An employer shall provide protective clothing to employees so as to ensure the health, safety and welfare of such employees in accordance with the requirements of the Occupational Health and Safety Act.  Except in cases of medical exemptions, employees shall wear and\or use all supplied safety clothing and equipment, including footwear, as directed by the employer.

 

(iv)       The employer shall provide an employee handling cash with a money bag, if it is required by the employee.

 

(v)        Employers shall provide a waterproof cape or coat to employees when they are required to work outdoors during wet weather.

 

(vi)       Employees are responsible for the care and safekeeping of all issues and shall return each article to the employer on request or on termination of their employment; in default, the employer may deduct from wages due an amount equal to its replacement value less reasonable depreciation, having regard to the condition of the item.

 

Clause 26:  Occupational Health and Safety

 

(i)         An Occupational Health and Safety Committee will be established, and will develop health and safety politics for the Company operations in accordance with the Occupational Health and Safety Act 2000 (NSW)

 

(ii)        The parties to this agreement are committed to achieving healthier and safer jobs through workplace changes aimed at improved efficiency and productivity. This will be accomplished by establishing a comprehensive approach to managing occupational health and safety issues which aims to:

 

(a)        Control hazards at source;

 

(b)        Reduce the incidence and costs of occupational injury and illness;

 

(c)        Review work and management practices affecting the inter relationship between efficiency, productivity, and health and safety;

 

(d)        Provide a rehabilitation system for workers affected by occupational injury or illness.

 

Clause 27:  Anti-Discrimination

 

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

 

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

 

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

 

(iv)       Nothing in this clause shall be taken to affect:

 

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

 

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

 

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

 

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

 

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

 

Clause 28:  Consultative Committees

 

(i)         A consultative committee consisting of an equal number of company representatives and LHMU delegates, will be established to assist the company and the LHMU achieve the objectives of the agreement.

 

(ii)        The committee will develop its own charter in relation to conduct of meetings, preparation of agendas, distribution of minutes; timing of meetings; communication to the workforce and any other issues which might require resolution

 

(iii)       As part of an on-going process for improvement in productivity and efficiency, consultation shall continue to take place at the workplace level, through the primary mechanism of consultative committee, to provide more flexible working arrangements, improvements in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the change process and to encourage consultative mechanisms across the workplace for all employees. The terms of any arrangement will be as agreed between the company and the LHMU.

 

(iv)       Notwithstanding the above, the committee will meet a minimum of 2 times per year.

 

Clause 29:  Labour Hire Employees

 

The following shall govern conditions under which the company will engage a labour hire firm:

 

1.          The company’s preference is to carry out as much of the site’s operations as possible with Fresh Start Bakeries Australia employees

 

2.          Notwithstanding the above, there may be occasions which require the use of a labour hire firm. Generally, the need for a labour hire firm would occur either because

 

(i)         a permanent vacancy has arisen, or

 

(ii)        a non-permanent vacancy has arisen of a short term.

 

3.          Where a permanent vacancy arises, the company may utilise a labour hire firm to recruit new employees.  These employees shall remain employees of the labour hire firm for no longer than one month.  At the completion of that month those same employees shall be employed by Fresh Start Bakeries Australia as casual employees for a period to be not longer than three months for such time that they commenced employment at Fresh Start Bakeries Australia. At the completion period the said employee shall be made a permanent employee.

 

4.          Where a non-permanent, short-term vacancy arises then Fresh Start Bakeries Australia may engage the use of a labour hire firm only where it is agreed that;

 

(i)         existing employees of Fresh Start Bakeries Australia, either full-time or casual, are unable to perform the work to be done and;

 

(ii)        that all other avenues available have been exhausted by the company to cover the additional work; and

 

(iii)       that the Fresh Start Bakeries Australia employees who have voluntarily elected to go on the overtime list, have been asked to cover the vacancy

 

(iv)       the company will inform the LHMU delegate/s of the causes giving rise to the engagement of a labour hire firm.

 

(v)        The employment of a labour hire firm will not continue for more than one (1) month; After this the employee will become a Fresh Start Bakeries Australia casual employee.

 

5.          Where a long-term, non-permanent vacancy arises the Fresh Start Bakeries Australia will;

 

(i)         offer the position to an existing Fresh Start Bakeries Australia casual or;

 

(ii)        where no existing casual seeks the position the company may offer the position firstly to an existing labour hire employee or to a newly recruited labour hire firm employee. The said labour hire employee will only remain at Fresh Start Bakeries Australia as a labour hire firm employee for no longer than one month, or for a period mutually agreed between the relevant Department Manager and the Site LHMU Delegate. Labour Hire employees shall only be engaged for periods in excess of one month, where such employee is relieving for absences caused by long service leave, extended annual leave or undefined periods of workers compensation or sick leave. In the event that the above categories do not meet particular circumstances, parties may mutually agree on other arrangements. Following the completion of that month, or agreed period, the employee will become an employee of Fresh Start Bakeries Australia as a Fixed Term Employee pursuant to Clause 4(e) of this Agreement.

 

6.          Where a company engages a labour hire firm the company’s contract with the labour hire firm will include the following provisions:

 

(i)         Casuals will be invited to be financial members of the LHMU.

 

(ii)        Casuals will be paid according to the terms and conditions of this Agreement.

 

7.          In accordance with the above, it is also accepted that where a vacancy arise either permanent or short-term on shift work, the first opportunity to fulfil this vacancy will be given to existing permanent day shift employees of Fresh Start Bakeries Australia.

 

8           In the spirit of this clause, the company and LHMU site representative will establish a review mechanism to monitor and examine the effectiveness of the above clause so as to ensure that the effectiveness or efficiency of the company operations does not adversely effect its operation.

 

Clause 30:  Leave Reserved

 

Leave is reserved within the term of the Award to apply to make variation in respect of Clause 29 Labour Hire Employees where the application of the said clause gives ground and reason to do so.

 

Clause 31:  Right of Entry and Delegates’ Rights

 

(1)        Subject to below, the rights of entry and inspection by union officials shall be in accordance with Ch 5 Part 7 of the Act.

 

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

 

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

 

(4)        Union delegates will abide by the dispute resolution procedure set out in this Award.

 

Clause 32:  Salary Packaging

 

(1)        Salary packaging shall mean that an employee will have part of their wage packaged into a fringe benefit which does not constitute a direct payment to the employee but is payable to a bona fide third party.

 

(2)        The Company may offer to employees salary packaging in respect of salary.

 

(3)        The fringe benefit components available to be salary packaged will be at the discretion of the Company and shall be subject to the following provisions:

 

(a)        the Company shall ensure that the structure of any agreed remuneration package complies with taxation and other relevant legislation;

 

(b)        where there is an agreement to salary package, the agreement shall be in writing and made available to the employee;

 

(c)        the employee shall have access to details of the payments and transactions made on their behalf.  Where such details are maintained electronically, the employee shall be provided with a printout of the relevant information;

 

(d)        the Company has the right to vary or withdraw from a salary packaging agreement and/or withdraw from offering salary packaging in the event of amendments to legislation that are detrimental to, or increase the costs of, salary packaging arrangements;

 

(e)        in the event that the Company withdraws from a salary packaging agreement, the individual employee’s wage will revert to that specified in Table 1 of Appendix 1 of Part B of this Award - Rates of Pay;

 

(f)         notwithstanding any of the above arrangements, the Company or employee may cancel any salary packaging arrangements by the giving of one (1) month’s notice of cancellation to the other party.

 

Clause 33:  Skills Review

 

(1)        During the term of this Award, the Company will review the classification structure and current grading of employees having regard for the specific positions that exist within the business.

 

PART B

 

Appendix 1: Wage Rates

 

Table 1 Rates Of Pay

 

 

Appendix 2: Other Rates and Allowances

 

Table 1

 

 

Appendix 3: Buns Classifications

 

LEVEL 6

 

A Level 6 employee undertakes, for a period of up to three months, induction training which may include instruction on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, food industry hygiene, equal employment opportunity and quality control/assurance.

 

General Description

 

An employee at this level performs routine and repetitive duties essentially of a manual nature and to the level of his/her training:

 

1.          Performs general labouring and cleaning duties; including tidying of work area, stacking crates, removing rubbish etc.

 

2.          Exercises minimal judgement;

 

3.          Works under direct supervision.

 

4.          Maintains sanitation/hygiene of work area;

 

5.          Demonstrates good housekeeping procedures;

 

6.          Undertakes structured training so as to enable him/her to progress to higher levels.

 

LEVEL 5

 

A Level 5 employee has completed structured training so as to enable the employee to perform work within the scope of this level.

 

(i)         General Description

 

An employee at this level performs work above and beyond the skills of a Level 6 employee and to the level of his/her training:

 

1.          Works under routine supervision or instruction, 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.          Reads instructions, records activities and utilises basic statistical control procedures.

 

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

 

Repetition work on automatic, semi-automatic or single purpose machines or equipment;

 

use of selected hand tools;

 

keeping of simple records;

 

use of hand trolleys and crate dollies;

 

assistance in the provision of on the job training;

 

routine repetitive tasks;

 

basic customer service and liaison;

 

maintenance of sanitation/hygiene of work area; and

 

awareness of hygiene and food safety requirements.

 

punctuality, diligence and reliability;

 

(ii)        Production & Packing Strand

 

A Level 5 Production & Packing employee may be required to perform any or all of the following:

 

Performing general product handling, labouring and cleaning duties;

 

performing the tin change operations;

 

operating a crate washer safely;

 

maintaining sanitation of area;

 

loading baskets;

 

identifying correct bags;

 

 

operating cliplocks;

 

knowing correct product codes;

 

monitoring quality and product culling;

 

following orders and production runs.

 

(iii)       Distribution Strand

 

A Level 5 Distribution employee may be required to perform any or all of the following:

 

Accuracy with figures;

 

undertaking training on delivery runs to achieve good territory and product knowledge;

performing loading of delivery trucks;

 

developing good customer relations;

 

providing customer feedback;

 

communicating with supervisors and customer staff;

 

recording and maintaining basic records and making simple written reports.

 

LEVEL 4

 

A Level 4 employee has a general knowledge of the company's operations as it relates to production, packing or distribution and customer service processes.

 

(i)         General Description

 

A Level 4 employee performs work above and beyond the skills of an employee at Level 5 and to the level of his/her training:

 

1.          Is responsible for the quality of his/her own work subject to routine supervision;

 

2.          Works under routine supervision either individually or in a team environment;

 

3.          Exercises discretion within his/her level of skills and training;

 

4.          Is trained to operate machinery and equipment required in the performance of his/her work;

 

5.          Understands the importance of hygiene and food safety standards.

 

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

 

Receiving, inspecting, documenting, recording, storing and assigning of inwards goods;

 

basic inventory control in the context of a production process;

 

basic keyboard skills;

 

operation of mobile equipment including forklifts and gantry cranes;

 

undertaking training in the skilled operation of ferment plant;

 

ability to assess product quality and maintain basic statistical records; and

 

assist in the provision of on the job training.

 

(ii)        Production Strand

 

A Level 4 Production employee must be capable of the following:

 

Understanding the dividing operation and operating machinery;

 

understanding the moulding process and be able to set and adjust.

 

(iii)       Packing Strand

 

A Level 4 Packing employee must be capable of the following:

 

Operating the slicing and flowpack machines;

 

operating other equipment (cliplocks, baggers);

 

make-up and assembly of orders

 

understanding of stock rotation procedures

 

(iv)       Distribution Strand

 

A Level 4 Distribution employee must be capable of the following:

 

able to demonstrate to the satisfaction of the Distribution Manager that a delivery run can be done under minimum supervision;

 

maintaining good customer relations and service;

 

communicating with workers and supervisors;

 

identifying opportunities for more efficient distribution;

 

general enthusiasm, energy, punctuality and personal hygiene

 

having good territorial and product knowledge;

 

providing customer feedback;

 

possessing good people skills.

 

LEVEL 3

 

A Level 3 employee is an employee who holds an appropriate trades certificate, or an employee of equivalent standing, who has a sound knowledge of the company's operations as it relates to production, packing or distribution and customer service processes.

 

(i)         General Description

 

Indicative tasks performed at this level are:

 

1.          basic quality checks on work of others;

 

2.          lubrication of machinery and equipment;

 

3.          assistance in provision of on job training;

 

4.          recognition and identification of quality faults, or machine operation faults, rejection of sub-standard product; and

 

5.          responsible for compliance with the Food Safety program.

 

(ii)        Production Strand

 

A Level 3 Production employee must be capable of the following:

 

Recognising and weighing ingredients;

 

monitoring dough quality and adjusting accordingly;

 

operating subsidiary equipment (e.g. ferment tanks, seeder, conveyors, Model K's etc.);

 

operating computerised machinery;

 

understanding the final proof process and operating machinery;

 

understanding the baking process and operating machinery; and

 

understanding the de-panning and cooling process and operating machinery.

 

(iii)       Packing Strand

 

A Level 3 Packing employee must be capable of the following:

 

Responsibility for the make-up and assembly of orders;

 

responsibility for the scheduling of meal breaks;

 

responsibility for on-line decision making relating to machine stoppages etc.;

 

responsibility for on-line Quality Assurance including measuring and recording of compliance with specifications.

 

(iv)       Distribution Strand

 

A Level 3 Distribution employee must be capable of the following in addition to the skills of a Level 4 Distribution employee:

 

Assisting with on-the-job training of new employees;

 

able to competently carry out delivery rounds under limited supervision;

 

LEVEL 2

 

A Level 2 employee is required to exercise skills and knowledge above and beyond an employee at Level 3 and to the level of his/her training:

 

exercises good interpersonal communication skills;

 

exercises keyboard skills;

 

exercises discretion within the scope of this grade;

 

performs work under limited supervision either individually or in a team environment;

 

(i)         General Description

 

Indicative tasks performed at this level are:

 

relieving drivers on short notice;

 

demonstrating a high understanding of baking technology and practice, including recipe interpretation and mixing processes, and is capable of operating flexibly throughout the production and packing area, including dough making.

 

ensuring compliance with the Food Safety program; and

 

ensuring compliance with the Quality Assurance standards.

 

LEVEL 1

 

A Level 1 employee is required to exercise skills and knowledge above and beyond an employee at Level 2 and to the level of his/her training:

 

is able to set up, operate and adjust all machinery and equipment relevant to his/her operational section;

 

provides guidance and assistance as part of a work team;

 

exercises discretion within the scope of this level;

 

works under general supervision either individually or in a team environment;

 

(i)         General Description

 

Indicative tasks performed at this level are:

 

task allocation;

 

work scheduling within a plan;

 

training staff;

 

accountable for Quality Assurance for an operational section;

 

accountable for compliance with Food Safety program for an operational section;

 

work performance assessment of staff; and

 

make recommendations for engagement, termination or promotion of staff.

 

(ii)        Production Strand

 

being responsible for an operational section, the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section (i.e. equal standard to each operator).

 

All Distribution Strand employees at all levels shall engage in the necessary duties on the dock in conjunction with their driving positions in order to maintain flexibility of work in the Dock area.

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

Printed by the authority of the Industrial Registrar.