SCHERING-PLOUGH (PLANT EMPLOYEES) ENTERPRISE AWARD 1996

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4671 of 2004)

 

 

REVIEWED AWARD

 

1.  Title

 

Schering-Plough (Plant Employees) Enterprise Award 1996.

 

2.  Arrangement

 

Clause No.          Subject Matter

 

1.         Title

2.         Arrangement

 

PART A - PRELIMINARIES

 

3.         Parties to the Award

4.         Date and Period of Operation

5.         Relationship to Parent Awards/Previous Enterprise Awards

6.         Purpose of Award

7.         Award to be Displayed

8.         Definitions

9.         Consultative Committee

 

PART B - EMPLOYMENT TERMS AND CLASSIFICATIONS

 

10.       Terms of Engagement

11.       Part-time, Casual Employees and Job Sharing

12.       Position Classifications

13.       Experience Levels

14.       Additional Classifications

15.       Work Flexibility

16.       Training and Development Programmes Aimed at Multi-skilling and Job Rotation

17.       Develop and Utilise Productivity Measurements Parameters Across All Departments

 

PART C - WAGE RATES AND ALLOWANCES

 

18.       Weekly Wage Rates

19.       Allowances

20.       Shift Allowances

21.       Mixed Functions

22.       Payment of Wages

23.       No Extra Claims

 

PART D - HOURS OF WORK

 

24.       Standard Hours of Work

25.       Rostered Day Off

26.       Washing Time

27.       Meal Breaks

28.       Rest Break

29.       Personal Breaks

30.       Overtime

31.       Breaks during Overtime

32.       Meal Allowance

33.       Rest Periods after Overtime

34.       Rest Periods between Shifts

 

PART E - LEAVE

 

35.       Annual Leave

36.       Annual Leave Loading

37.       Sick Leave

38.       State Personal/Carer's Leave Case - August 1996

39.       Long Service Leave

40.       Compassionate Leave

41.       Parental Leave

42.       Jury Service

43.       Blood Donor Leave

44.       Disaster or Emergency Conditions

45.       Public Holidays

 

PART F - OTHER CONDITIONS

 

46.       Uniforms

47.       Protective/Safety Equipment and Clothing

48.       Cafeteria

49.       Safety, Health and Welfare

50.       Damaged Clothing/Equipment

51.       Travelling to Other Locations

52.       First-Aid Attendants

53.       Superannuation

54.       Right of Entry

55.       Trade Union Training

56.       Union Delegate

57.       Union Membership Fee Deduction

58.       Union Notice Board

59.       Termination of Employment

60.       Disputes Settling Procedure

60A.    Anti-Discrimination

 

PART G - SCHEDULES

 

Schedule A - Concept and Agenda Items - Stages I, II and III

Schedule B - Wage Rates and Allowances

Schedule C - Consultative Committee Ground Rules

Schedule D - Schering-Plough Redundancy Policy

Schedule E - Declaration of Award

Schedule F - Supported Wage

Schedule G - Table - Award and Variations Incorporated

Schedule H - Table Changes Made on Review -

(i) Provisions Modified

(ii) Provisions Deleted.

 

PART A

 

PRELIMINARIES

 

3.  Parties to the Award

 

This award shall be binding upon Schering-Plough Pty Ltd, located at 11 Gibbon Road, Baulkham Hills, New South Wales, and the Shop, Distributive and Allied Employees' Association, New South Wales, in respect of employees engaged in the packaging, manufacturing, laboratory and warehouse operations who are employed under the classifications specified in clause 12, Position Classifications, of Part B, Employment Terms and Classifications.

 

4.  Date and Period of Operation

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Schering-Plough (Plant Employees) Enterprise Award 1996 published 28 June 2002 (334 I.G. 738) and all variations thereof.

 

The award published 11 October 1996 took effect from 25 June 1996 and the variations thereof incorporated herein in the dates set out in the attached Schedule G.

 

The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) are set out in the attached Schedule H and take effect 15 November 2004.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

5.  Relationship to Parent Awards/Previous Enterprise Awards

 

The terms and conditions of the award published 11 October 1996 replace in total the terms and conditions of the Schering-Plough (Plant Employees) Enterprise Agreement 1993 and the relevant industrial awards: the Drug Factories (State) Award published 8 November 1991 (265 I.G. 1356), as varied, and the Warehouse Employees - Drug (State) Award published 24 January 1992 (267 I.G. 538), as varied.

 

6.  Purpose of Award

 

For Schering-Plough to become a strong and competitively viable pharmaceutical company in Australia, it is essential that a strong partnership is fostered between the parties, based on trust, thereby laying the foundation for ongoing consultation and communication.

 

Accordingly, all parties will work together in an open and co-operative manner towards the achievement of organisation goals.  We are committed to the adoption of a flexible and positive attitude towards the process of change, to introduce improvements to working conditions and practices for the mutual benefit of all concerned, as evidenced in our Enterprise Bargaining Vision and Mission.

 

Vision:

 

To develop and maintain an enterprise award unique to Schering-Plough, for the mutual benefit of all, to improve the working environment, increase quality and productivity, to be the best.

 

Mission:

 

To co-operate positively to increase the efficiency, productivity and competitiveness of the Company.

 

To enhance the career opportunities, quality of life, and job security of employees.

 

We will achieve our mission by:

 

Being fully committed to ensuring a highly effective, safe and healthy work.

 

Recognising the worth and dignity of all employees, promoting pride and a sense of ownership through teamwork.

 

Providing equal opportunities for all employees by offering training, career path programs, recognition and rewards.

 

Eliminating barriers to workplace communication.

 

Gaining a mutually beneficial agreement by nurturing trust and honesty in all communication and negotiations between all employees.

 

To Strive:  To Achieve:  To: Gain

 

We are committed to the principles of:

 

Ongoing Consultation.

 

Collaboration and Co-operation.

 

Occupational Health and Safety.

 

Manufacturing Practice.

 

Specifically, improvements which the parties aim to introduce during the life of this award are:

 

Productivity improvements, measured by the setting and monitoring of productivity targets and the linking of them to pay increases.

 

The introduction of new and/or redesigned work practices by employees with the guidance of the Consultative Committee.

 

The principle being that individuals and teams can and should re-design their own work to improve flexibility, efficiency and productivity.

 

The opportunity for employees to be appraised and, accordingly, paid in a fair and equitable manner, based on competencies, as well as measured team and individual contribution to Company goals.

 

Employee empowerment through training and development, in order to build and enhance competencies and to give employees more flexibility, variety, responsibility and accountability for their work.

 

Encouragement of teamwork, participation, pride and commitment.

 

The adherence to existing and new methods to ensure high standards of health and safety for all employees (OH&S).

 

The compliance with all established and new policies, procedures and regulations to achieve Good Manufacturing Practice (GMP).

 

7.  Award to be Displayed

 

Copies of this award shall be displayed in places readily visible and accessible to all parties covered by this award.

 

8.  Definitions

 

"Company" shall mean Schering-Plough Pty Ltd.

 

"Employee" shall mean any person employed by Schering-Plough Pty Ltd engaged in any of the positions listed in clause 12, Position Classifications, of Part B, Employment Terms and Conditions.

 

"Union" shall mean the Shop, Distributive and Allied Employees' Association, New South Wales.

 

"Service" shall mean a continuous period of employment with the Company.

 

"Day Shift" means a shift worked between the hours of 6.00 a.m. and 6.00 p.m.

 

"Afternoon Shift" means a shift finishing after 6.00 p.m. but no later than midnight.

 

"Night Shift" means a shift finishing after midnight but no later than 7.00 a.m.

 

"Morning Shift" means a shift commencing before 6.00 am.

 

"Full-time Employee" means a person employed on a weekly basis whose standard hours of work are 76 per fortnight.

 

"Part-time Employee" means a person employed on a weekly basis whose standard hours of work are less than 76 per fortnight.

 

"Redundancy" describes the situation where a position ceases to exist as a consequence of, for example, the introduction of new technology, restructuring or down sizing.

 

"Retrenchment" describes the situation where there is no gainful employment for the employee because their position has become redundant and there is no suitable alternative position available within the Company.

 

"Casual Employee" means a person employed on an hourly basis and paid by the hour.

 

"EFT" means electronic funds transfer.

 

9.  Consultative Committee

 

A Consultative Committee comprising Company management and employee representatives shall be established.  This Committee will be responsible for guiding, monitoring and communicating the progress of actions required to be implemented during the life of this award and for initiating appropriate action where successful implementation is not being achieved.

 

The Committee will also be responsible for dealing with new issues that arise and need to be dealt with that are within the parameters of this award.  Additionally, the role of the Committee can be to offer employees an avenue which provides an alternative vehicle for grievances, complaints or other issues to be raised.

 

The Committee will assist to ensure that all parties live up to the Enterprise Bargaining Vision, Mission and Principles articulated in clause 6, Purpose of Award, of Part A, Preliminaries.  It shall be a forum for open discussion and shall meet at least quarterly to discuss matters consistent with the objectives of this award.  Ground rules to assist the Committee in carrying out its responsibilities are contained in Schedule C - Consultative Committee Ground Rules, of Part G, Schedules.

 

The Committee shall comprise one Union delegate and employee representatives from each of the following departments:

 

Packaging	one employee
Manufacturing	one employee
Quality Control/ Quality Assurance	one employee
Warehouse	one employee

 

In addition, one employee from any of the above departments to represent employees working on afternoon or night shifts.

 

The Union organiser shall be allowed at any time to participate at any of the Committee meetings to advise the Committee or to represent the employees in negotiations with the Company.

 

An open invitation is extended to one additional employee from each department to sit in on Committee meetings as an observer.

 

The number of management representatives will not exceed the number of employee representation and will include a representative from the Human Resources Department.

 

Employee representatives will be elected by the employees of the respective departments in a manner determined by such employees.

 

Part B

 

EMPLOYMENT TERMS AND CLASSIFICATIONS

 

10.  Terms of Engagement

 

(a)        All employees shall be engaged as permanent or temporary.  Permanent employees may be employed as full-time employees or may be employed as part-time employees.

 

(b)        Temporary employees may be employed as full-time, part-time, casual or fixed-term contract employees.  The Company may engage such employees to work for a temporary period of time for special purposes, such as to replace an employee on maternity leave, extended leave or for seasonally high or short-term high work loads.  Such employees must be informed of the fixed period of time for which they will be employed, including the date at which employment must cease.

 

(c)        For permanent (and temporary) employees, the first one-month of employment shall be a probationary period.  At the end of the probationary period permanent employment will be confirmed, subject to the completion of a satisfactory performance appraisal, which confirms the employee's ability to perform the duties of the position.

 

(d)        The Company shall inform each employee, in writing at the time of engagement, of the terms of his or her engagement.  Such terms will include the date of the engagement, the nature of the employment (as per this clause), the probationary period, the hours of work and shift, the position classification, the wage rate and any special allowance.

 

(e)        The Company may change an employee's hours on seven days' notice of such change, providing:

 

(i)         such change is not outside the provisions of this award;

 

(ii)        the employee is properly consulted about such change prior to notification and implementation of such change;

 

(iii)       the reason for such change can be reasonably justified by the Company; and

 

(iv)       the Company will not request any change, which may be considered harsh, unfair, unjust or unreasonable.

 

11.  Part-time, Casual Employees and Job Sharing

 

(a)        Permanent or Temporary Part-time Employees

 

(i)         The ordinary hours of work for part-time employees will be less than the hours worked by full-time employees and shall not exceed the hours specified in paragraphs (a) and (b) of subclause (ii) of clause 24, Standard Hours of Work, of Part D, Hours of Work, or be less than 16 hours per week.

 

(ii)        Part-time employees shall be paid at an hourly rate of pay which shall be at the rate of one thirty-eighth of the weekly wage of the appropriate position classification as described in Part A of Schedule B - Wage Rates and Allowances, of Part G, Schedules.

 

(iii)       All other provisions of this award shall apply to part-time employees on a pro rata basis for each employee in proportion of the normal ordinary hours worked by weekly employees in the department in which the part-time employee is employed.

 

(b)        Casual Employees

 

(i)         Casual employees shall be paid an hourly rate of pay which shall be at the rate of one thirty-eighth of the weekly wage of the appropriate position classification as described in Part A of the said Schedule B.

 

(ii)        In addition to the hourly rate, a casual loading of 20 per cent will be paid for all hours worked.

 

(iii)       Casual employees will be paid a minimum of four hours' payment on any one day.

 

(iv)       Casual employees will be paid annual leave at the rate of one-twelfth of their hourly rate (including the casual loading) for all standard hours worked.

 

(v)        Casual employees are normally employed to assist with peak work loads over a short duration.  The period of continuous employment of a casual employee is not expected to exceed three months as a maximum.

 

(c)        Job Sharing

 

(1)        Definition

 

Job sharing is an arrangement where two employees voluntarily share all of the duties and responsibilities of a permanent full-time position.  Job sharing is subject to approval by Schering-Plough, based on business needs and is, by necessity, completely voluntary on the part of the job share partners.

 

(2)        Access to Job Sharing

 

(i)         Job sharing will be available, by agreement between the relevant manager, taking account of business needs, and the employees concerned.

 

(ii)        Schering-Plough's Human Resources Department will co-ordinate employees' requests in relation to job sharing.

 

(3)        Hours of Work

 

(i)         The job sharers, in conjunction with the appropriate manager, will determine how the job is to be split and agree to the hours.

 

(ii)        The hours of work of the job share team shall not exceed standard hours per four-week cycle, except where paid as overtime.

 

(iii)       A job sharer's four-week cycle will be set as ordinary pattern of hours and will not be changed except by mutual consent of both job sharers and Schering-Plough.

 

(4)        Overlap Came

 

Communication between the two job sharers of a position can be of vital importance in many positions.  Where continuity is needed, and subject to the manager's agreement, each sharer's normal established hours may include time for mutual discussion and briefing.

 

(5)        Absences on Leave

 

(i)         In the case of a short-term casual absence, such as sick leave of the job sharer's partner, the remaining job sharer may volunteer to relieve.

 

(ii)        In the case of planned or structured absence, the job sharers should take leave separately, whenever possible; the remaining job sharer shall relieve.

 

Where business needs dictate that the absence of the job sharer be covered, the remaining job sharer shall relieve.

 

(iii)       Where a planned or structured absence of one job sharer is relieved by the remaining job sharer for less than a four-week cycle, the aggregate number of hours worked by the remaining job sharer shall not exceed those of a full-time employee.

 

(6)        Overtime

 

(i)         A job sharer shall he paid overtime in accordance with clause 30, Overtime, of Part D, Hours of Work, until the completion of the overtime worked and shall apply in the following instances: time directed to be worked in excess of the ordinary pattern of hours for the four-week cycle as stated in the job sharing agreement; or time for which a full-time employee would have received overtime.

 

(ii)        A job sharer who volunteers to relieve in the other portion of the job sharing position during periods of sick leave, annual leave or other authorised absences shall, however, only be entitled to payment at single time should the job sharer volunteer to relieve.  Work performed in excess of the standard hours for that position will be paid for at the standard overtime rates in accordance with the said clause 30.

 

(7)        Salary and Conditions of Employment

 

Subject to this award, the Drug Factories (State) Award and the Warehouse Employees - Drug (State) Award, job sharers receive pro rata pay and conditions, including fringe benefits, for the relevant classification of the position filled in proportion to the hours worked by each job sharer.

 

(8)        Contract of Employment and Job Sharing Award

 

(i)         The working arrangements and responsibilities for a particular position shall be mutually determined by Schering-Plough and both sharers, including any variations in such working arrangements and responsibilities that may be required to be made from time to time.

 

(ii)        The contract of employment will incorporate such matters as the number of hours to be worked by each job sharer, when those hours are to be worked, overlap time, the job description for the position and procedures that outline the termination of the contract.  The job description issued will be that prepared for the established position.

 

(9)        Vacation of Job

 

(i)         The status, classification, nature and responsibility of a shared position shall not alter, whether the position is being filled on a share or individual basis.

 

(ii)        An individual job sharer may indicate their intention to terminate a job sharing arrangement on the giving of two weeks' notice in writing to Schering-Plough.

 

(iii)       In the event that one job sharer vacates the position for whatever reason, the remaining job sharer is to be provided with the option, in the first instance, of having sole appointment to the position and assuming all work and hours.  If this is unacceptable to the employee who requests to continue on a job share basis, Schering-Plough will actively endeavour to find a new job share partner and a new agreement is to be negotiated.  Alternatively, the remaining employee can be offered an opportunity to share in another position, subject to business needs and availability.

 

(iv)      An employee retains the option of returning permanently to their former mode of employment, whether part-time or full-time, but this is not an entitlement and will depend on whether a suitable position can be found.

 

(10)      Continuity of Service

 

A change in the mode of employment from full-time or part-time to job sharing or vice versa does not break continuity of employment or service.

 

Access to all employee programs and activities remain unchanged.

 

All accrued benefits are fully transferable from one mode of employment to another.

 

12.  Position Classifications

 

During the life of this award the current position classifications will gradually be replaced by the introduction of a competency-based system.  This will be implemented on a department-by-department basis and will be developed in consultation and cooperation with the department employees concerned.  All parties are committed to the introduction of the competency-based system, which will be linked to pay, performance, assessment, training and development and career progression, over time.

 

Up until the time of implementing the competency-based system in any one department, at this point in time the position classifications set out below in this award will apply.

 

Employees shall be engaged to work in any of the position classifications described in this clause.  The descriptions are intended only to clarify the main differences between positions, not to describe the full duties of the positions.  Full descriptions of each position are described in the Company's Position (Job) Descriptions.

 

 

13.  Experience Levels

 

 

14.  Additional Classifications

 

Fork Lift Operator

 

Applies to employees employed in any classification covered in this award who hold a Fork Lift Licence and are required to operate a fork lift as part of their duties.

 

Leading Hand

 

Applies to employees who are employed in any classification (other than co-ordinator or shift leading hand) who are employed to be in charge of the work of other employees in addition to their normal duties.  An employee being paid the leading hand allowance is regarded, and will be titled as, "leading hand" whilst in that position, whether in a permanent or relief situation.

 

Shift Leading Hand

 

Applies to employees who are employed in any classification (other than a co-ordinator) who are appointed to be in charge of an afternoon or night shift as part of their duties.  An employee being paid the leading hand allowance is regarded, and will be titled as, "leading hand' whilst in that position, whether in a permanent or relief situation.

 

15.  Work Flexibility

 

In keeping with the award principles, and for the purpose of increasing productivity and operational flexibility and effectiveness, as well as enhancing career opportunities for employees, the Company may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, consistent within the classification structure of this award, provided that such duties are not designed to promote deskilling.  Additionally:

 

(a)        The Company may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment and has been judged as being competent in the use of such tools and equipment by a qualified person.

 

(b)        Employees shall perform such work as is reasonably and lawfully required of them by the Company, providing the work is consistent with the Company's responsibilities, by adopting existing and newly introduced methods of ensuring a high standard of health and safety for all employees; for example:

 

complying with all regulations covering the wearing and use of safety equipment (refer further to clause 47, Protective/Safety Equipment and Clothing, of Part F, Other Conditions);

 

assisting in identifying and reporting unsafe work practices;

 

working in a manner which is safe for the individual and fellow workers.

 

(Refer also to clause 49, Safety, Health and Welfare, of the said Part F.)

 

(c)        Employees shall take all reasonable steps according to established procedures to ensure the quality, accuracy and completion of any job or task assigned to the employee by the Company.

 

(d)        Employees shall not impose or enforce demarcation barriers between the position classifications covered by this award, provided it is agreed that the work lies within the scope of the skill and competence of the employee concerned.

 

(e)        Employees shall not impose any restrictions or limitations on the measurement and/or review of work methods or standard work times, provided that appropriate consultation between the Company and the employee(s) has taken place.

 

(f)         An employee who detects any defects, faults or deviation from standards in relation to products or process should take reasonable steps to inform his or her supervisor of such deficiency to assist the Company in maintaining high operational and quality standards.

 

(g)        All parties are committed to the principles of Good Manufacturing Practice, achieved through compliance with established and future policies, procedures and regulations; for example:

 

training, familiarisation and use of all relevant SOPs policies and procedures;

 

maintaining a high standard of Good Manufacturing Practice through self-management on a day-to-day basis.

 

(h)        All parties are also committed to the development of programmes that will assist and encourage employees to take more responsibility for their day-to-day operational activities.  It is the responsibility of the Consultative Committee to ensure that action plans are developed and implemented to achieve this goal in Stage 1 of Schedule A - Concept and Agenda Items - Stages I, II and III, of the life of this award, and will include, for example:

 

in-process monitoring and testing;

 

job flexibility and sharing;

 

interaction and impact on scheduling;

 

operator interactions; and

 

a role in the decision-making.

 

16.  Training and Development Programmes Aimed at Multi-skilling and Job Rotation

 

(a)        The parties to this award recognise that, in order to increase the efficiency, productivity and competitiveness of the Company, training and development are essential.  To ensure this is achieved, a competency-based system, multi-skilling and job rotation programmes will be implemented.

 

Accordingly, the parties commit themselves to:

 

(i)         providing employees with career opportunities through appropriate training to acquire additional competences;

 

(ii)        developing a highly competent and flexible workforce; and

 

(iii)       removing barriers to the utilisation of competencies acquired.

 

(b)        If the Company requests an employee to undertake a training course which has been arranged by the Company, the following shall apply:

 

(i)         The employee will not suffer any loss of ordinary pay for training undertaken during ordinary working hours.

 

(ii)        The Company will pay the costs associated with the course.

 

(iii)       Travelling time and travel costs incurred by the employee to attend a training course on a normal working day at a place other than his or her usual place of work shall be paid for as prescribed in clause 51, Travelling to Other Locations, of Part F, Other Conditions.

 

(c)        If an employee elects to undertake an educational course in his or her own time at a university or TAFE college in a field relevant to his or her employment, the employee may apply to the Company for educational assistance.  Educational assistance granted by the Company will include:

 

(i)         Reimbursement of costs associated with standard fees for prescribed courses and prescribed textbooks upon production of evidence of such expenditure and the presentation of reports of satisfactory completion of subjects undertaken, at the conclusion of each semester.

 

(ii)        Examination or study leave for a period of up to eight hours per subject during normal working hours without loss of normal pay to prepare for and undertake final examinations for each subject undertaken.  Leave need not automatically be provided to employees to sit for examinations, which that employee has attempted and failed on at least two previous occasions.

 

(iii)       The provision of educational assistance may be withdrawn if an employee consistently fails subjects and is not progressing through their prescribed course, i.e. as a guide, the withdrawal of support may apply once an employee has failed twice in two or more subjects; however, each case will need to be reviewed on its merits, taking into account the overall circumstances.  The need for counselling should also be considered to assist the employee if agreed standards are not being met.

 

(iv)       No deductions shall be made from any leave due or from ordinary weekly wages due for time off required by employees to sit for examinations relevant to their employment

 

(v)        Trainee Analytical Chemists who, as part of their training, attend technical college classes in approved subjects shall be allowed to attend at such classes on one half day each week during ordinary working hours without loss of pay, subject to the employee not consistently failing, i.e. has failed at least two consecutive attempts of the same subject.  Company discretion may be used in some instances.

 

17.  Develop and Utilise Productivity Measurements Parameters Across All Departments

 

To ensure productivity gains are achieved in accordance with this award, the parties agree to jointly develop and implement productivity measures and targets in all departments, by the end of Stage 1 of Schedule A - Concept and Agenda Items - Stages I, II and III, of Part G, Schedules.

 

Part C

 

WAGE RATES AND ALLOWANCES

 

18.  Weekly Wage Rates

 

(a)        Adult Employees

 

The weekly wage rates to be paid to adult employees shall be as set out in Part A of Schedule B - Wage Rates and Allowances, of Part B, Schedules.

 

(b)        Junior Employees

 

The weekly rates of pay for junior employees shall be the following percentages of the weekly rate for the appropriate adult classification referred to in subclause (a) of this clause:

 

 

(c)        Special Rates

 

Special rates for the classifications listed below as described in clause 14, Additional Classifications, of Part B, Employment Terms and Conditions, shall be added to an employee's normal weekly rate of pay, where applicable, and will apply to benefits for all purposes of the award:

 

(i)         Forklift - Refer to Schedule B

 

(ii)        Leading Hand - Refer to Schedule B

 

(iii)       Shift Leading Hand -Refer to Schedule B

 

19.  Allowances

 

(a)        Meal Allowance (clause 32, Meal Allowance, of Part D, Hours of Work) - refer to Schedule B

 

(b)        First-aid Allowance (clause 52, First-aid Attendants, of Part F, Other Conditions) - refer to Schedule B

 

(c)        Vehicle Allowance (subclause (d) of clause 51, Travelling to Other Locations, of Part F) - refer to Schedule B

 

20.  Shift Allowances

 

(a)        Employees who are engaged to work their standard hours on their rostered day off (RDO) on morning shift, afternoon shift or night shift shall be paid the following shift allowances, in addition to their appropriate rate of pay:

 

 

(b)        Shift allowances are paid only for standard shift hours worked and are not paid on any other allowances, overtime (except for RDO's worked on morning, afternoon or night shift), leave or other payments subject to the outcome of (c) of Schedule A - Concept and Agenda Items - Stages I, II and III, of Part G, Schedules.

 

21.  Mixed Functions

 

Any employee called upon to do work at a higher classification other than that in which he or she is working (as described in clause 12, Position Classifications, of Part B, Employment Terms and Conditions), or work which qualifies for an additional classification (as described in clause 14, Additional Classifications, of the said Part B) for a period of at least one shift, shall be paid at the rate for such higher classification for the time so employed.  An employee called upon to work at a higher classification as detailed above on overtime shall be paid at the higher rate for such classification for the period worked only if the employee has been operating at the higher classification for the shift preceding the overtime or when the overtime is worked on Saturdays, Sundays or public holidays.

 

22.  Payment of Wages

 

(a)        Wages shall be paid weekly on Thursdays for all time worked after the normal ceasing time on Wednesday of the previous week until the normal ceasing time on the following Wednesday, being the day preceding pay day.

 

(b)        The frequency with which employees are paid may be changed during the life of this award, on the condition that the change is accepted by the majority of employees and the frequency is no greater than fortnightly.

 

(c)        Wages may be computed for payroll purposes on the Tuesday of each week to ensure payment is available to employees by pay day.  Unless the working hours of an employee are known by the pay office for the period from ceasing time on Tuesday until ceasing time on Wednesday, the employee will be deemed to be working normal hours and be paid as such.  Should the actual hours be different to the paid "deemed" hours, adjustments will be made in the following week's pay.

 

(d)        Wages will be paid by means of electronic funds transfer (EFT) for all employees.

 

23.  No Extra Claims

 

The Union will undertake that, during the period of operation of this award, there shall be no further wage or allowance increases sought or granted, except for those provided under the terms of this award and for those which are consistent with the principles of State Wage Case decisions.

 

Part D

 

HOURS OF WORK

 

24.  Standard Hours of Work

 

The parties are committed to the principle that significant productivity gains can be realised through the implementation of greater flexibility in working hours; specifically, the introduction of a nine-day fortnight.

 

Both parties agree that the nine-day fortnight will be implemented across the entire Technical Operations Division and that each department will be responsible for the timing of the two rostered days off per each four-week cycle in order to meet that department's particular needs.  It is imperative that this is done in the spirit which recognises:

 

(i)         that the intention is to maximise both business and personal needs to the fullest extent possible;

 

(ii)        that all departments will need to consult and co-operate with each other to achieve the best result for the division, as well as each department.

 

(a)        The standard hours of work for day shift employees, exclusive of meal hours, shall not exceed:

 

8.44 hours on any one day; or

 

76 hours in any two consecutive weeks; or

 

152 hours in any four-week cycle.

 

Standard hours for day shift are to be worked Monday to Friday, inclusive, and will commence no earlier than 6.00 a.m. on any day and finish no later than 6.00 p.m. on any day.

 

(b)        The standard hours of work for afternoon shift employees, inclusive of meal hours, shall not exceed:

 

8.44 hours on any one day; or

 

76 hours in any two consecutive weeks; or

 

152 hours in any four-week cycle.

 

Standard hours for afternoon shift are to be worked Monday to Friday, inclusive, and will finish after 6.00 p.m. each day, but no later than 12.00 midnight on any day.

 

(c)        The standard hours of work in relation to night shift and morning shift employees (as defined in clause 8, Definitions, of Part A, Preliminaries) will be agreed upon by the parties to this award if and when the Company establishes a night shift or morning shift.  Such agreement will be consistent with the general provisions of this clause.

 

(d)        The standard starting and ceasing times for working the nine-day fortnight can be decided by each employee from the following options:

 

Day Shift

 

Either:

 

7.30 a.m. to 4.25 p.m. for nine consecutive working days; or

 

7.30 a.m. to 4.30 p.m. for eight consecutive working days; and

 

7.30a.m. to 4.00 p.m. for one additional consecutive working day.

 

Afternoon Shift

 

Either:

 

3.35 p.m. to 12.00 midnight for nine consecutive working days; or

 

3.30 p.m. to 12.00 midnight for eight consecutive working days; and

 

4.00 p.m. to 12.00 midnight for one additional consecutive working day.

 

(e)        Employees may commence day shift between 6.00 a.m. and 8.30 a.m. or afternoon shift at times up to two hours before the standard starting times (at half-hour intervals) in consultation and agreement with their manager.

 

The starting time chosen by the employee will be their standard starting time for a period of no less than three months, at which time the employee may request a change.

 

(f)         All flexible starting times shall be consistent with each department maintaining an efficient and productive workflow and must be approved by the departmental manager.

 

(g)        One day in each two-week cycle will be a rostered day off for both day and afternoon shift full-time employees. (See clause 25, Rostered Day Off, of this Part.)

 

(h)        The Company may require individual employees or groups of employees to work their standard hours at different starting and ceasing times to those specified in subclause (d) of this clause.  Such requirement will be for the purpose of maintaining a productive and efficient workflow.  Employees who are required to work such hours will be advised of their hours at the time of engagement or on seven days' notice (in accordance with clause 10, Terms of Engagement, of Part B, Employment Terms and Classifications), if changes are required after engagement.  All other provisions of this clause, however, will apply, notwithstanding reference to paragraph (iv) of subclause (e) of the said clause 10.

 

25.  Rostered Day Off

 

The introduction of a nine-day fortnight will result in two rostered days off in each four-week cycle.  The day taken may be chosen by the employee and shall be consistent with each department maintaining an efficient and productive workflow, and must be approved by the departmental manager.

 

(a)        All permanent employees will have a rostered day off on one day in each two-week cycle.

 

(b)        When a rostered day off falls on a public holiday, then the employee may take the working day immediately preceding or immediately following the public holiday as their rostered day off.  For the purpose of maintaining an efficient and productive workflow, the Company may move an employee's rostered day off to a specific day on either side of a public holiday, providing one week's notice is given by the Company.

 

(c)        By agreement between the Company and an employee, and with sufficient prior notice, an employee may accumulate up to five rostered days off.  Provided that such accumulated time shall be taken within six months of agreement to defer.  Payment shall be made in lieu for any accumulated time which is untaken when an employee ceases his or her employment.

 

(d)        An employee who is requested to work on his or her rostered day off without taking another day in lieu as provided for in subclauses (b) and (c) of this clause will be paid for the time worked as overtime at the rate of time and a half for the first two hours and double time thereafter, in addition to the hours accumulated for the day.  An employee requested to work overtime on his or her rostered day off will be paid a minimum of four hours.

 

26.  Washing Time

 

Not less than five minutes before ceasing work at the end of each working day shall be allowed to employees for washing purposes.  Employees required to perform work of an unusually dirty, dusty and/or offensive nature or to work in abnormal temperatures shall be allowed ten minutes off before ceasing time at the end of each day or shift for cleansing purposes.  The Company will provide suitable washing facilities for the purpose.

 

Washing time applies only once on any working day.  If overtime is worked at the end of the working day, the washing time is taken at the conclusion of the overtime worked.

 

Employees may bundy off at any time during their washing time and will be paid as if they had bundied off at the end of their washing time.

 

27.  Meal Breaks

 

Day Shift

 

A period of 30 minutes per day shall be allowed, Monday to Friday, for a lunch break to be taken at 12.00 noon or 12.45 p.m., depending on the department in which the employee works.  This meal break is unpaid time.

 

The Company may request an employee to change his or her meal break commencement time in emergency or special circumstances, provided such request is not unreasonable.  However, if the meal break is changed to commence before 11.30 a.m. or after 1.15 p.m., then the employee will be paid for the mealtime at the rate of time and a half.

 

Afternoon Shift

 

A period of 30 minutes per shift shall be allowed for a meal break to be taken at a convenient time agreed with the Company.  The afternoon shift meal break is paid time.

Employees shall be allowed up to three minutes either side of meal breaks for walking/washing purposes.

 

An employee shall not be required to work for longer than six hours without being provided with a 30-minute meal break.

 

28.  Rest Break

 

A period of ten minutes without loss of normal pay shall be allowed for a rest break during the first half and the second half of each day or shift at a convenient time agreed with the Company.

 

The Company will supply tea and coffee free of charge for consumption in the cafeteria during the rest breaks.

 

Employees shall be allowed up to three minutes either side of rest breaks for walking/washing purposes.

 

29.  Personal Breaks

 

The Company will allow, within reason, up to five minutes for employees to attend to pressing personal hygiene/health needs between rest breaks or meal breaks if required.  Personal breaks are limited to purposes such as toilet, taking medication, etc.  An employee who repeatedly takes excessive time for personal breaks without authority or good reason will be counselled.

 

30.  Overtime

 

(a)        Employees, if required by the Company, should be prepared to work reasonable overtime.  Overtime is worked, when required, to meet the business needs and must be at the direction of, or approval by, the manager of the area.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

For the purposes of this subclause, what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee’s personal circumstances, including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

(iv)       the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)        other relevant matter.

 

(c)        Employees who are required to work overtime will be paid for the overtime worked as follows:

 

(i)         Time and a half for the first two hours and double time thereafter on any day, Monday to Friday, for time worked outside of the employee's standard working hours.

 

(ii)        Time and a half for the first two hours and double time thereafter for time worked on a Saturday, with a minimum payment of four hours.

 

(iii)       Double time for all time worked on a Sunday, with a minimum payment of four hours.

 

(iv)       Double time and a half for time worked on a public holiday (as defined in clause 45, Public Holidays), with a minimum payment of four hours.

 

(v)        Time and a half for the first two hours and double time thereafter for time worked on an employee's normal rostered day off (in addition to the hours accrued for the day, providing another day is not taken in lieu of the rostered day off).  A minimum payment of four hours is payable.

 

Note: If a minimum of four hours' overtime is offered to an employee in the cases of paragraphs (ii) to (v) of this subclause, and the employee elects to cease working prior to the completion of the four hours, then payment will be made only for the actual time worked.

 

(d)        The hourly rate when computing overtime shall be determined by dividing the appropriate weekly rate by 38.

 

(e)        In computing overtime, payment will be calculated to the next ten minutes (e.g. if 32 minutes overtime is worked, payment will be for 40 minutes; if 50 minutes overtime is worked, payment will be for 50 minutes).

 

(f)         Where an employee, after having worked overtime, finishes work at a time when reasonable means of transport are not available, the Company shall provide him or her with a conveyance, or pay the cost of such conveyance, to reach a point where reasonable means of transport are available or, if no such transport is available, to his or her home.

 

(g)        An employee who is recalled to work overtime after leaving the premises shall be paid for a minimum of four hours' work at the appropriate rate for each time he or she is recalled.

 

31.  Breaks during Overtime

 

Employees who work overtime will be allowed rest or meal breaks at convenient times agreed with the Company for the periods specified below.  Except if otherwise stated, all breaks during overtime will be paid at the appropriate overtime rate.

 

(a)        Overtime Mondays to Fridays

 

If overtime is worked after the normal ceasing time, one ten-minute rest break will be allowed.

 

If overtime is to continue for longer than four hours after the normal finishing time, a 20-minute break will be allowed.

 

(b)        Overtime RDO's, Saturdays, Sundays and Public Holidays

 

If overtime is worked on an employee's normal RDO, a Saturday, Sunday or public holiday, a ten-minute rest break will be allowed during the first four hours of overtime, providing the rest break is not taken during the first two hours.

 

If overtime is to continue for longer than five hours after commencement of overtime, a 20-minute break will be allowed.  Further 20-minute breaks will apply for every subsequent four hours of overtime worked.

 

Refer to clause 26, Washing Time.

 

32.  Meal Allowance

 

(a)        An employee who is required to work overtime for one and a half hours or more after the standard ceasing time shall be allowed a meal allowance at the rate specified in Schedule B - Wage Rates and Allowances, of Part G, Schedules.  The meal allowance shall be paid to the employee by EFT with the weekly wages payroll.

 

(b)        Employees engaged on afternoon shift who are required to work more than one and a half hours or more overtime, prior to the normal commencement time of their shift, shall be allowed a meal allowance at the rate specified in the said Schedule B.  This provision shall apply only whilst the Company elects not to continue operations beyond 12.00 midnight each night.  This meal allowance shall be paid to the employee by EFT with the weekly wages payroll.

 

33.  Rest Periods after Overtime

 

Where overtime is worked it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

 

An employee who works so much overtime between his or her standard finishing time on one day and the standard commencement time on the next day that he or she has not had at least ten consecutive hours off duty between those times shall be released after completion of such overtime until he or she has had ten consecutive hours off duty without loss of pay for normal working time occurring during such absence.

 

If, on the instructions of the Company, such an employee resumes work without having had such ten consecutives hours off duty, he or she shall be paid at double rates until he or she is released from duty for such period.  The employee shall be entitled to be absent until he or she has had ten consecutive hours off duty without loss of pay for normal working time occurring during such absence.

 

34.  Rest Periods between Shifts

 

Employees who are required to change shifts shall, wherever reasonably practicable, be allowed at least ten consecutive hours off duty between shifts.

 

If the employee is instructed to commence work on either shift or overtime, without having had ten consecutive hours break since ceasing work on the previous day, the provisions as specified in clause 33, Rest Periods after Overtime, of this Part, will apply.

 

Part E

 

LEAVE

 

35.  Annual Leave

 

Annual leave entitlement shall be in accordance with the annual leave provisions under the Annual Holidays Act 1944.

 

36.  Annual Leave Loading

 

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

 

(b)        An employee who takes his or her annual leave, which has become due in accordance with the Act, shall be paid an annual leave loading of 17.5 per cent.  The loading is payable in addition to the pay for the period of annual leave taken.

 

(c)        If an employee takes annual leave in advance of his or her entitlement, the annual leave loading may not be paid until the date the leave taken would have become due under the Act.

 

(d)        Annual leave loading is calculated on the employee's normal rate of pay applicable at the time the payment is due to be made.  Annual leave loading is not payable on shift allowances, overtime or other payments specified in this award.

 

(e)        Annual leave loading is payable on the termination of an employee's employment, except in the case of termination due to misconduct, but does not apply in respect to proportionate annual leave on termination.

 

37.  Sick Leave

 

An employee who is unable to attend for duty during his or her ordinary working hours for reason of personal illness or personal incapacity shall be entitled to paid sick leave of 76 hours (ten days) for each year of service, subject to the following:

 

(a)        An employee may also access sick leave to care for an ill member of their immediate family or household.  Time taken as sick leave for this purpose shall count as time deducted from the period of entitlement, as specified above.

 

(b)        The employee shall not be entitled to paid sick leave for any period in respect of which he or she is entitled to compensation under the Workers' Compensation Act 1987.

 

(c)        The employee should, within four hours where practicable, and in any case within 24 hours of the commencement of such absence, inform the Company of his or her 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.

 

(d)        The employee shall prove to the satisfaction of the Company that he or she was unable, on account of illness or injury, to attend for duty on the day or days for which sick leave is claimed.  The Company may request an employee to produce a medical certificate for absences of longer than two days.

 

(e)        Sick leave entitlement not claimed in any one year shall accumulate from year to year so long as the employment continues with the Company.

 

(f)         The payment of any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by the Company until the employee completes such three months of employment, at which time payment shall be made.  The employee shall forfeit any payment for sick leave if the employee terminates the contract of employment within the first three months of employment.  If the Company terminates the contract of employment within the first three months, the Company shall pay the employee for any sick leave taken by the employee, to a maximum of 76 hours.

 

(g)        To claim for sick leave payment, an employee must complete and sign a sick leave application form to which should be attached the medical certificate (if applicable) as described in subclause (c) of this clause.  The employee's manager must sign the form to authorise payment.

 

(h)        Sick leave payments for any period of untaken leave at the termination of employment (except as provided for in subclause (e) of this clause) shall not be made.

 

(i)         An employee cannot claim for payment of sick leave for any period whilst on any other form of paid leave.

 

(j)         Sick leave may only be applied for the purposes specified above and is not to be used, for example, for lateness or other forms of absences from work.

 

38.  State Personal/Carer's Leave Case - August 1996

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 37, 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, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

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

 

(4)        Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

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

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry date of the 12-month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time

 

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

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off

 

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

 

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

 

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

 

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

 

39.  Long Service Leave

 

Entitlement to long service leave shall be in accordance with the Long Service Leave Act 1955.

 

40.  Compassionate Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to three days' compassionate leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person as 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 a maximum of three days' compassionate leave where the employee travels outside Australia to attend the funeral.

 

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

 

(iii)       Compassionate 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 (ii) of paragraph (c) of subclause (1) of clause 38, State Personal/Carer's Leave Case - August 1996, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(v)        Compassionate leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) (5) and (6) of the said clause 38.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

41.  Parental Leave

 

See parental leave provisions of the Industrial Relations Act 1996.

 

42.  Jury Service

 

An employee shall be allowed leave of absence without loss of normal pay during any period when required to attend for jury service.

 

An employee shall be required to produce to the Company proof of requirement to attend jury service and proof of actual attendance on jury service.

 

An employee shall give the Company notice of the requirement to attend jury service as soon as practicable after receiving notification to attend for jury service.

 

43.  Blood Donor Leave

 

(a)        Employees who attend the Blood Bank as arranged by the Company for the purpose of donating blood during normal working hours shall not lose normal pay for the period of such attendance.

 

(b)        If an employee is unable to attend the Blood Bank at the times arranged by the Company, and he or she donates blood during normal working hours, he or she shall be entitled to one hour's paid leave on each occasion for that purpose, provided that:

 

the employee produces satisfactory evidence of such attendance in the form of the relevant Blood Bank card or a properly completed certificate;

 

the blood donation facility is at a location near to the Company and no further in distance than the Parramatta or Blacktown Blood Bank.

 

(c)        Casual employees do not qualify for blood donor leave as covered in subclause (b) of this clause.

 

44.  Disaster or Emergency Conditions

 

An employee who is unable to attend work for any period of time because of damage caused by severe storms, floods, fires, or similar disasters may apply for payment of up to four hours (maximum) time lost on such occasion.  The Director of Technical Operations will be responsible for approving payment.

 

45.  Public Holidays

 

(a)        The following days, or the days upon which they are observed, shall be public holidays:

 

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and all other days proclaimed as public holidays for the State of New South Wales.

 

(b)        In addition to the holidays specified in subclause (a) of this clause, one additional public holiday (picnic day) shall apply in each calendar year to employees on weekly hire.  Such holiday shall be observed on Easter Tuesday.  At the undertaking by the Company, another day may be substituted for the additional public holiday with the agreement of the majority of employees concerned.

 

(c)        All public holidays as described in subclauses (a) and (b) falling on a normal working day shall be counted as time worked and paid for as such.

 

(d)        Where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse, due to illness or an accident, etc., or without the consent of the Company, the employee shall not be entitled to payment for such holiday.  Employees may claim sick leave or annual leave for the day before or the day after such a public holiday, provided that the details are referred to the employee's manager as described above and that the provisions of clauses 35, Annual Leave, and 37, Sick Leave, of this Part are complied with.  This provision is in keeping with the flexibility principles in the award so as to ensure that both employees and the Company are not disadvantaged.  The Consultative Committee may act as a mediator to look at any inconsistencies.

 

(e)        An employee required to work on a public holiday or on Easter Saturday shall be paid at the rate of double time and a half, with a minimum payment of four hours.

 

Part F

 

OTHER CONDITIONS

 

46.  Uniforms

 

Where the employee is required by the Company to wear a uniform, cap, coat, overall, or other uniform dress, it shall be provided, maintained and laundered at the Company's expense.

 

47.  Protective/Safety Equipment and Clothing

 

Where the nature of the work performed by the employee necessitates suitable industrial clothing and/or aprons, rubber boots or clogs, work boots, work shoes, gloves, goggles, etc., they shall be supplied and paid for by the Company and shall remain the property of the Company.

 

When an employee is required to stand on concrete, brick or stone floors, the Company shall provide a suitable mat or floor covering as agreed upon between the Company and the Union.

 

48.  Cafeteria

 

The Company will provide a separate dining room, sufficient to accommodate the staff.  Such dining room shall contain sufficient table and seating accommodation.  Tea and coffee provisions will be provided by the Company free of charge and reasonable provision shall be made for the care of employees' luncheons.

 

49.  Safety, Health and Welfare

 

In keeping with the principles outlined in this award, all parties are committed to the safe operation of all plant and equipment, to safe working practices and to the good health of all employees.

 

To facilitate this, all parties shall comply with the requirements of the Occupational Health and Safety Act 1983 and the Factories, Shops and Industries Act 1962 and the regulations made under the respective Acts.

 

50.  Damaged Clothing/Equipment

 

Compensation to the extent of the damage sustained shall be made by the Company where, in the course of work, clothing and/or optical glasses are damaged or destroyed by, or through the use of, corrosive, explosive, inflammable or poisonous substances.

 

51.  Travelling to Other Locations

 

(a)        Where an employee is temporarily required to work at a place other than his or her usual place of word, he or she shall be:

 

(i)         Paid all fares reasonably incurred in excess of those which would normally be incurred attending his or her usual place of work.

 

(ii)        Paid for all travelling time in excess of that taken to reach his or her usual place of work and returning home.  Travelling time shall be paid for at ordinary rates of pay.

 

(iii)       For the purpose of this subclause, "temporarily" shall mean periods of employment at places other than the usual place of work for up to a maximum of three consecutive weeks.

 

(b)        An employee transferred from working place to working place during ordinary working hours shall be paid for the time spent in travelling as for time worked and shall receive reimbursement of fares incurred in such transfer.

 

(c)        Where the transfer involves an employee being absent from his or her normal place of residence, he or she shall be reimbursed for reasonable expenses incurred for accommodation, together with first class rail fares to and from the place of transfer.

 

(d)        Where an employee uses his or her own vehicle as a means of travelling in any of the circumstances, the employee may claim reimbursement for the cost of such travel at the rate of vehicle allowance set out in Schedule B - Wage Rates and Allowances, of Part G, Schedules.

 

52.  First-Aid Attendants

 

An employee who is appointed by the Company as a first-aid attendant in accordance with the First-Aid Regulations of the Occupational Health and Safety Act 1983 shall be paid a first-aid allowance as set out in Schedule B - Wage Rates and Allowances, of Part G, Schedules.

 

53.  Superannuation

 

The Company shall provide superannuation membership to all employees at the time of joining the Company.  In the case of employees engaged to serve a period of longer than three months full-time or part-time employment, the employee will have the choice of joining the defined benefit category or the accumulation category of the Schering-Plough Superannuation Fund.  In the case of employees engaged to serve a period of less than three months full-time or part-time, or casual employees, the employee will be enrolled as a member of the accumulation category.

 

Both categories of the fund comply as minimum standards with the provisions of the Occupational Superannuation Standards Act 1987 and with the provisions of the Superannuation Guarantee.

 

At the request of an employee, the Company may pay superannuation contributions into the REST superannuation fund on behalf of the employee; provided that such contributions are no more than required under the Superannuation Guarantee and that the employee foregoes his or her entitlement to membership of either of the Company fund categories.

 

54.  Right of Entry

 

See section 297 of the Industrial Relations Act 1996.

55.  Trade Union Training

 

Authorised delegates of the Union who are nominated by the Union Secretary to attend a training course or programme conducted under the auspices of the authority established under the Trade Union Training Authority Act 1975, or sponsored by the Australian Council of Trade Unions, or the State Branch of the Australian Council of Trade Unions, shall be granted leave of absence while attending such course or courses, provided that:

 

(i)         At least two weeks prior to attendance at the course or courses the Company receives written notice of the nomination from the Union Secretary setting out the times, dates, content and venue of the course.

 

(ii)        Nominations shall not involve absences from work of more than two delegates from the Union for a maximum of three days for each nominee in each calendar year.

 

(iii)       Employees who undertake training in accordance with this clause will be paid by the Company for their normal-time wages which would have otherwise been earned.

 

56.  Union Delegate

 

An employee-appointed Union delegate shall, upon notification to the Company, be recognised as the accredited representative of the Union.  An accredited Union delegate shall be allowed the necessary time during working hours to interview the employer or his or her representative on matters affecting employees whom he or she represents.

 

57.  Union Membership Fee Deduction

 

(a)        The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(i)         the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(ii)        the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

 

(iii)       deduction of Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(iv)       there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

(b)        The employer’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so.  Such consent may form part of the written authorisation.

 

(c)        Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(i)         where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

(ii)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

(d)        Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

(e)        The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly or monthly as the case may be.  The Union shall give the employer a minimum of two months’ notice of any such change.

 

(f)         An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

(g)        Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of Union membership fees to cease.

 

58.  Union Notice Board

 

The Company will provide a notice board in a prominent place for the purpose of Union notices.  The Company will permit notices, which have been duly authorised by the Union Secretary to be posted on the Union notice board.

 

59.  Termination of Employment

 

(a)        Except in the case of subclauses (b), (c) and (e) of this clause, the employment of any employee may be terminated by one week's notice on either side or by the payment or forfeiture (as the case may be) of one week's wages in lieu of such notice.

 

(b)        Where a position becomes redundant, for example, on account of the introduction or proposed introduction of mechanisation, technological or organisational structure changes, the Company's redundancy policy document shall apply.  (Refer to Schedule D - Schering-Plough Redundancy Policy, of Part G, Schedules.)  This policy complies with the redundancy provisions of the Employment Protection Act 1982.

 

(c)        The Company shall have the right to dismiss an employee without notice for refusal of lawful duty or serious and wilful misconduct and, in such cases, the salary will be payable up to the time of dismissal only.

 

(d)        The Company shall not terminate the employment of an employee who has been employed with the Company for more than three months for reasons of unsatisfactory performance or unsatisfactory behaviour (other than for reasons described in subclause (c) of this clause) without having first taken an reasonable and necessary steps through counselling to allow the employee the opportunity to correct any performance or behaviour deficiency, as prescribed in the Company's performance management policy document.

 

(e)        Where an employee is absent from work for more than two days without the consent of the Company or without notification to the Company, the employee shall be deemed to have terminated his or her employment without notice, unless the employee can provide evidence that the reasons for not notifying the Company were outside of his or her control.

 

(f)         In the event of a stoppage of work through any cause outside the Company's control, the contract of employment may be continued, in which case the Company's liability for payment shall be suspended for the duration of the stoppage of work; provided that two working days' notice shall be given to the employees prior to such suspension.

 

(g)        An employee whose employment is terminated by the Company on the working day immediately preceding a public holiday or public holidays otherwise than for misconduct shall be paid for such holiday or holidays.

 

(h)        Any employee with more than three months' service on leaving the Company shall, if he or she so requests, be given a statement by the Company stating the length and nature of the employment.

 

(i)         Termination of employment by the Company shall not be harsh, unjust or unreasonable.

 

60.  Disputes Settling Procedure

 

In the event of any grievance or dispute arising in relation to this award, the steps outlined in this procedure will be followed to allow the dispute to be settled in a fair and timely manner with minimal disruption to work flow.

 

Work shall continue without any industrial action, work bans, limitations or other sanctions, through the following procedure:

 

Step 1

 

Any grievance in the first instance shall be discussed between the employee and his or her immediate manager.  The employee may request the Union delegate to be present during discussions.

 

The manager shall be allowed a specified period of time as mutually agreed between the employee and the manager to investigate and resolve the matter.

 

Step 2

 

If the grievance remains unresolved at the expiration of the specified period, the employee may take the grievance up with the next level manager.  The employee may request the Union delegate to be present during discussions and/or may wish to consult with the Human Resources Department.

 

The manager shall be allowed a specified period of time as mutually agreed between the employee and the manager to investigate and resolve the matter.

 

Step 3

 

If the grievance remains unresolved at the expiration of the specified period, the employee may discuss the matter with senior management, which will include a representative from the Human Resources Department.  The Union delegate and the representative from the State branch of the Union will be involved with the discussions.

 

The Company shall be allowed a specified period of time as mutually agreed between all parties to the dispute to investigate and resolve the matter.

 

Step 4

 

If the grievance remains unresolved at the expiration of the specified period, the parties shall notify the Industrial Relations Commission of New South Wales in accordance with section 130 of the Industrial Relations Act 1996.

 

General Conditions

 

(a)        All meetings and discussions with the parties to the dispute will take place during normal working hours.  The employee and the Union delegate must arrange with their respective supervisors a suitable time for meetings to take place, having regard to work priorities.

 

(b)        During the process of following the procedure, work will continue without industrial action, bans, limitations or other sanctions.

 

(c)        All parties will act in a responsible manner to bring about a satisfactory resolution to the dispute.  No employee will be denied reasonable opportunity to voice their grievance through the proper channels during normal working hours, if the employee perceives the grievance as a genuine issue.

 

(d)        The specified period stated in the first three steps of the procedure should be mutually agreed upon by the parties concerned as being a reasonable time for the matter to be investigated, taking into account the nature of the issue. In the case of the parties being unable to agree to a specified period, then the time period will be two working days for each step.

 

If the matter is of a serious nature, such as a summary dismissal or where an employee's immediate safety is at risk, the specified period will not apply.  The matter should be addressed without any undue delay.

 

(e)        Matters taken up by an employee directly with the Union delegate or Union representative without following this procedure should be handled during the employees own time, unless the Company agrees otherwise.

 

60A.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

(a)        Any conduct or act which is specifically exempted from anti-discrimination legislation.

 

(b)        Offering or providing junior rates of pay to persons under 21 years of age.

 

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

 

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

 

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

 

Part G

 

SCHEDULES

 

Schedule A - Concept and Agenda Items - Stages I, II and III

 

(a)        The Concept Behind the New Plant Enterprise Award

 

This award recognises that, at the time of negotiation, there were a significant number of agreed agenda items and to negotiate them all would have taken a long time.  It also recognises that all the agenda items are important and should be discussed; however, the discussions should not result in delaying an initial pay increase.  Accordingly, with the acceptance in principle of the new award, an increase of seven per cent to base wages was paid and backdated to 1 August 1995.  One of the agreed principles is that the new enterprise award be implemented as a Three Stage Process.  This process will allow an initial pay increase along with the commencement of negotiations of those agenda items which both groups believe will enhance the productivity of the Company, hence the increase stated above.  The award is written to account for the different stages of implementation, which will allow for increases, in addition to the initial seven per cent over the life of the award, based on achievable, measurable and agreed productivity indicators.  The whole process will be closely monitored by a Consultative Committee.  The parties accept a Three Stage Process, which will involve the following:

 

Stage I

 

Agreement to the total proposed package in principle.  Both groups then separately identify two or three agenda items to become the basis for the first stage of the enterprise award.  These items are communicated back to all employees to seek their agreement to them becoming the items to be negotiated.  Upon obtaining majority agreement on these items, a cost benefit analysis will be performed to assist in determining the percentage increase applicable for this first stage of the award.  Other factors to be taken into account will be C.P.I and market movement.  Once agreeing the overall proposal (the agenda items for negotiation and implementation and the percentage increase), the Stage I increase will be paid, backdated to 1 August 1995.  This section of Stage I has been implemented.

 

To complete Stage I, the Consultative Committee must develop a strategy plan for the implementation of the agenda items.  This plan will set out specific target objectives and time frames for each agreed agenda item.  Stage II of this process will not commence until all the action plans identified and agreed upon in Stage I are detailed and commence implementation.  It will be the responsibility of the Consultative Committee to monitor the progress of the Stage I planning and implementation process.

 

Stage II

 

In this stage, and dependent upon successful completion of Stage I implementation, the Committee will negotiate the additional items on the agenda, following a similar process to that adopted in Stage I.  A second increase will then be paid.  This increase will also be determined by a cost benefit analysis on the remaining agenda items to be negotiated during this stage and relevant C.P.I and market data.

 

The action plan and targets for achieving the plan will be set, agreed and implementation commence, during the life of Stage II.

 

As a minimum, this second increase will be 3.5 per cent on base rates and will be paid no later than 1 August 1996.

 

Stage III

 

This stage involves the roll out and implementation of all the action plans agreed to in Stage II.  These action plans will be linked to achievable and measurable productivity targets and farther increases in pay will be based on the attainment of these productivity targets.  This process will be monitored, a responsibility of the ongoing Consultative Committee.

 

As a minimum, the third and final increase will be 3.5 per cent on base rates and will be paid no later than 1 February 1997.

 

 (b)       The Plant Enterprise Award Agenda Items

 

Stage 1

 

The parties agree that the following agenda items will be discussed, agreed and implementation commenced during Stage I of this award.

 

(1)        Productivity targets and measurements across all departments in the plant (to be linked to pay increases as per clause 23, Wage and Allowance Variations and Links to Productivity/Performance, of Part C, Wage Rates and Allowances).

 

(2)        Time frames for the implementation of the three stages of the award:

 

(a)        Stage I

 

Development - December 1995 - February 1996

 

Implementation - March 1996

 

(b)       Stage II

 

Development - April 1996 - May 1996

 

Implementation - June 1996

 

(c)        Stage III

 

Development - September 1996 - October 1996

 

Implementation - February 1997

 

(3)        Introduction of a nine-day fortnight across all departments and flexibility of starting and finishing times within departments on an as-needed basis.

 

(4)        A commitment to the principles of, and achievement of, specific targets in relation to:

 

(a)        Ongoing Consultation

 

Achieved through the establishment of a Consultative Committee.  The charter of this committee could be, for example:

 

setting and monitoring of productivity targets;

 

development and implementation of strategies to achieve targets;

 

ongoing communication of enterprise bargaining issues.

 

(b)       Occupational Health and Safety

 

Achieved through adopting all existing and any new methods of ensuring a high standard of health and safety for all employees in the areas of, for example:

 

complying with all regulations covering the wearing and use of safety equipment;

 

assist in identifying and reporting unsafe work practices;

working in a manner which is safe for the individual and fellow workers.

 

(c)        Good Manufacturing Practices

 

Achieved through compliance with all established and future policies, procedures and regulations, for example:

 

being familiar with and following relevant SOP's;

 

maintaining a high standard of GMP by self-management on a day-to-day basis;

 

reporting an deviations from standard procedures.

 

(d)       Collaboration and Co-operation

 

Achieved through embracing the change process and jointly working through solutions, for example, in the areas of.

 

competencies;

 

appraisals;

 

multi-skilling;

 

training needs;

 

job rotation;

 

flexibility of hours.

 

(5)        Introduction of training and development programmes aimed at.

 

multi-skilling;

 

job rotation;

 

career paths;

 

competencies;

 

performance appraisals.

 

(6)        Development and introduction of a programme for employees which will assist and encourage employees and teams to take more responsibility for the day-to-day operations.

 

(7)        Exploration of areas where job sharing and part-time work may be applicable.

 

(a)        The Plant Enterprise Award Agenda Items

 

Stages II and III

 

The parties agree that the following agenda items will be discussed, agreed and, if appropriate, implementation commenced during Stages II and III of this award:

 

(1)        A review of position classifications shown in clause 12, Position Classifications, of Part B, Employment Terms and Classifications, with the objective of introducing a competency-based structure.

 

(2)        Possible incentives regarding unused sick leave.

 

(3)        Shift allowance to be paid on annual leave and sick leave.

 

(4)        Introduction of a single pay frequency (i.e. fortnightly).

 

(5)        Absorption of overtime penalty rates and allowances into base wage rates.

 

(6)        Amendment of subclause (a) of clause 32, Meal Allowance, of Part D, Hours of Work - payment of meal allowance when overtime is worked before the start of a normal shift

 

(7)        Payment of first-aid allowances when on annual leave.

 

(8)        Implementation of cafeteria services for shift and the introduction of more variety of cafeteria services.

 

(9)        Review/enhance study leave policy.

 

(10)      Family leave above and beyond sick leave.

 

(11)      Establishment of an afternoon and/or night shift in all departments as necessary for improvements in production demands and efficiencies.

 

(12)      More communication of company-wide performance.

 

(13)      Review of subclause (e) of clause 10, Terms of Engagement, of the said Part B, to enhance the ability to change/modify employees' hours of work to meet production requirements.

 

(14)      Review the RDO system so that these days can be rotated across all departments to maintain continuous production.

 

(15)      Scope to modify the pay structure during the life of the award in accordance with the introduction of the competency-based system.

 

Schedule B - Wage Rates and Allowances

 

Operative Date

 

Schedule of wages payable from the beginning of the first pay period to commence on or after 1 August 1995.

 

Part A - Weekly Wage Rates (refer to clause 18, Weekly Wage Rates, of Part C, Wage Rates and Allowances).

 

Rates shown are for 38 ordinary hours per week.  All rates shall be calculated to the nearest 10 cents.

 

(i)         Adult Employees

 

Classification	Experience Level
	1	2	3	Advanced*
Packaging Operator	592.05	605.20	616.20	629.30
Labeller	605.20	616.20	629.30	*
Brander	616.20	629.30	642.80	*
Line Attendant	629.30	642.80	656.80	671.20
Packaging Co-ordinator	699.90	716.10	732.20	*
Manufacturing Operator	657.40	673.60	688.50	705.10
Chemical Manufacturer	677.20	692.10	707.30	*
Manufacturing Co- ordinator	754.30	769.50	787.40	*
Storeperson	623.90	637.40	651.40	665.70
Warehouse Leading Hand	671.70	686.70	701.90	*
Inspector (QC/QA)	683.20	700.80	719.10	*
Laboratory Analyst	737.80	761.00	781.20	*
Trainee Analytical Chemist	761.00	781.20	804.20	*
Analytical Chemist	815.60	839.90	864.80	890.70

 

*Advanced Level not applicable to the classification at this point in time.

 

Refer to introductory paragraph of clause 12, Position Classifications, and Advanced Level definition of clause 13, Experience Levels, of Part B, Employment Terms and Classifications.

 

(ii)        Junior Employees

 

Junior employees shall be paid the following percentages of the rate for the adult classification applicable to the work performed by the junior:

 

 

All rates shall be calculated to the nearest 10 cents.

 

(iii)       Special Rates

 

Special rates are paid as all-purpose rates added to the appropriate weekly rate of pay as specified in (i) of this schedule.

 

 

Schedule C - Consultative Committee Ground Rules

 

Ground Rules

 

Win/win situation.

 

Measurement of parameters in terms of how to measure productivity.

 

Timing of information exchange from meeting to employees.

 

Management has to have a cohesive approach to the system.

 

Develop an agenda discussing relevant points.

 

Minutes to be consistently and accurately generated and given to employees in a timely manner.

 

Do not "umbrella" everyone.  Be more specific for each agreement.  Prioritise all agreements equally.

 

Delegate must take back accurate consensus of the group.

 

More encouragement to attend meetings, meetings before enterprise bargaining meeting.

 

Educational issue.

 

Training sessions.

 

Train trainers.

 

Who is to communicate.

 

Understanding of enterprise bargaining.

 

Presentation skills.

 

Promote concise and accurate feedback-

 

Effective process - timetable.

 

Commitment to issues.

 

Put into practice.

 

Involvement/honest practice.

 

Schedule D - Schering-Plough Redundancy Policy

 

1.          If an employee's job ceases to exist (i.e. the job becomes redundant), the Company will make every attempt to make alternative employment available within the Company for which the person is reasonably suited according to their competencies (i.e. their knowledge, skills, attitudes and behaviour).

 

2.          The first step in the process, once a position has been identified as redundant, is for the Company to seek to find the employee a reasonable, comparable, alternative position for which he or she is experienced and qualified.  The assessment criteria on which the comparability of an alternative position will be determined will include:

 

1.          Salary

 

2.          Position Classification/Grade

 

3.          Extent of Training Required

 

4.          Conditions

 

5.          Knowledge and Skills

 

6.          Geographical Location

 

If, in the first instance, the Company is not able to find and offer a reasonable, comparable position within the Company, redeployment will not therefore be possible, a retrenchment situation will exist and the redundancy policy will apply.

 

If, and after consultation with the employee, it is determined that an available, alternative position is comparable, as per the criteria above, then the redundancy policy will not apply.  If it is determined that any available, alternative position is not comparable, then the redundancy policy will apply.

(a)        Notice Period

 

A minimum of four weeks' notice will be provided, with an additional one week's notice given to employees aged 45 years of age and over who have completed a minimum of two years' service.  Pay in lieu of notice may be paid as an alternative.

 

The Company will allow the employee time off during the notice period to attend outplacement or job interviews, without loss of pay.

 

By mutual agreement between the employee and their manager, the employee may leave the Company prior to completion of their notice period, without any loss of pay for the four-week notice period.

 

(b)        Service Payment

 

Four weeks per year of service will be paid, with pro rata payment for any incomplete year of service, except in cases where the employee is over 45 years of age.  In line with the Employment Protection Act 1982 and the Employment Protection Regulation 1995, employees over 45 years of age will be paid according to the following table for the first four years of service:

 

1 year but less than 2 years service	5 weeks' pay
2 years but less than 3 years service	8.75 weeks' pay
3 years but less than 4 years service	12.5 weeks' pay
4 years and greater	4 weeks' pay per year of service

 

Maximum payout win be two years (i.e. 104 weeks).

 

(c)        Selection Guidelines

 

(i)         The employee's job ceases to exist and redeployment is not possible.

 

(ii)        Where the redundant job(s) is one of a number of jobs that are the same, competencies will be used as the criteria to determine which incumbents will be retained versus retrenched, i.e. the Company has the right to retain, where possible, required knowledge, skills, experience within the business.

 

(iii)       Voluntary retrenchments may be invited by the Company from employees working in the same or similar jobs, but will only be accepted if equivalent skill/knowledge retention is assured, such that the business needs can be met.

 

(d)        Long Service Leave

 

Pro rata on a minimum of five years completed service will be paid.

 

(e)        Annual Leave/Annual Leave Loading

 

(i)         Annual leave entitlements and pro rata annual leave will be paid.

 

(ii)        Annual leave loading entitlements and pro rata annual leave loading will be paid.

 

(f)         Support

 

Employees will be provided with outplacement, which includes personal and financial counselling, as well as job search assistance.  The service will be available through an external provider with whom the Company has an established arrangement to ensure quality service delivery and will be in accordance with the programme agreed between the Company and the nominated provider.

 

(g)        Market Practice

 

This policy has been developed, taking account of current Practices established through a market survey.  The survey will be updated on a two-year basis and the Schering-Plough policy reviewed in light of the survey results.

 

Schedule E - Declaration of Award

 

Declaration of this enterprise award has been negotiated through extensive consultation between the Company, the Union and the employees.  The content of the award has been canvassed with all parties.  All parties are entering into this award with full knowledge as to the content and effect of the document.

 

Schedule F - Supported Wage

 

(a)        Supported Wage System

 

This clause defines the conditions which will apply to employees who, because of the effects of a disability, are eligible for a supported wage under the terms of this agreement/award. In the context of this clause, the following definitions will apply:

 

(i)         "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

 

(ii)        "Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

 

(iii)       "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

 

(iv)       "Assessment instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the supported wage system.

 

(b)        Eligibility Criteria

 

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this agreement/award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

 

The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this agreement/award relating to the rehabilitation of employees who are injured in the course of their employment.

 

This clause does not apply to employers in respect of their facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a Disability Support Pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act 1986, or, if a part only has received recognition, that part.

 

(c)        Supported Wage Rates

 

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award/agreement for the class of work which the person is performing according the following schedule:

 

 

Provided that the minimum amount payable shall be not less than $61.00 per week.

 

* Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

 

(d)        Assessment of Capacity

 

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award/agreement, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

 

(i)         the employer and a union party to the award/agreement, in consultation with the employee or, if desired by any of these; or

 

(ii)        the employer and an Accredited Assessor from a panel agreed by the parties to the award and the employee.

 

(e)        Lodgement of Assessment Instrument

 

(i)         All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

 

(ii)        All assessment instruments shall be agreed and signed by the parties to the assessment, provided that, where a union which is party to the award/agreement is not a party to the assessment, it shall be referred by the Registrar to the Union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

 

(f)         Review of Assessment

 

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review.  The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

 

(g)        Other Terms and Conditions of Employment

 

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award/agreement paid on a pro rata basis.

 

(h)        Workplace Adjustment

 

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job.  Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

 

(i)         Trial Period

 

(i)         In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

 

(ii)        During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

 

(iii)       The minimum amount payable to the employee during the trial period shall be no less than $61.00 of the ordinary weekly rate.

 

(iv)       Work trials should include induction or training as appropriate to the job being trialled.

 

(v)        Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause (d).

 

Schedule G - Award and Variations Incorporated

 

 

Schedule H - Changes Made on Review

 

Date of Effect: 15 October 2004

 

(i)         Provisions Modified

 

 

(ii)        Provisions Deleted

 

 

The parties declare that this award:

 

(a)        is not contrary to the public interest;

 

(b)        is not unfair, harsh or unconscionable;

 

(c)        was at no stage entered into under duress; and

 

(d)        reflects the interests and desires of the parties.

 

 

 

P. J. SAMS  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.