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P & O COLD LOGISTICS LIMITED (NSW) ENTERPRISE AWARD 2003
  
Date07/29/2005
Volume352
Part5
Page No.1054
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3400
CategoryAward
Award Code 1018  
Date Posted07/28/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1018)

SERIAL C3400

 

P & O COLD LOGISTICS LIMITED (NSW) ENTERPRISE AWARD 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Australasian Meat Industry Employees' Union, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 5217 of 2004)

 

Before The Honourable Justice Backman

25 October 2004 &

22 March 2005

 

AWARD

 

1.  Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Title

3.         Parties Bound

4.         Savings

5.         Supersession

6.         Area, Incidence and Duration

7.         Objectives

8.         Operational Efficiency Commitment

9.         Rates of Pay

10.       Allowances

11.       Classification Definitions

12.       Contract of Employment

13.       Termination

14.       Payment of Wages

15.       Hours of Work

16.       Change to Start/Finish Times

17.       Lateness

18.       Shift Work

19.       Overtime

20.       Meal Breaks and Clothing Change

21.       Public Holidays

22.       Sick Leave

23.       Family Leave

24.       Annual Leave

25.       Annual Leave Loading

26.       Bereavement Leave

27.       Long Service Leave

28.       Loading of Trucks

29.       Transfers

30.       Mixed Functions

31.       Protective Clothing

32.       Working in Cold Temperatures

33.       Employees' Protection

34.       Superannuation

35.       Union Training

36.       Numerically and Literacy Training

37.       Notification of Change

38.       Redundancy

39.       Jury Service

40.       Agency Casuals

41.       Disputes Procedure

41A.    Disciplinary Procedure

42.       Workplace Delegates and Consultative Committee

43.       Union Recognition and Membership

44.       Right of Entry

45.       Enterprise Arrangements

45A.    Prospect Site Arrangement

46.       Girraween North Warehouse Arrangement

47.       Renegotiation of Award

48.       Leave Reserved

49.       No Extra Claims

 

2.  Title

 

This award shall be titled the P & O Cold Logistics Limited (NSW) Enterprise Award 2003.

 

3.  Parties Bound

 

The parties to this award are P & O Cold Logistics Limited NSW (the Company) and The Australasian Meat Industry Employees' Union, New South Wales Branch (the union).

 

4.  Savings

 

4.1        No employee, as at the date of the making of this award, shall have their classification rate of pay or any allowances reduced by the making of this award. In addition, each employee shall enjoy the benefit of any increases in wages and conditions.

 

4.2        Any employee employed prior to 18 October 1995 shall not have the nature of their contract of employment varied by the making of this award, unless by agreement.

 

4.3        Any employee employed prior to February 1999 shall not have their current span of hours of 6.00 a.m. to 7.00 p.m. or 7.00 a.m. to 7.00 p.m., Monday to Friday, varied, unless by agreement. However, after consultation and seven days' notice, employees may be rostered to start at 5.00 a.m. during peak periods at Christmas and Easter, as defined in clause 15, Hours of Work.

 

4.4        No employee will be prejudiced or unfairly penalised in relation to possible future advancement opportunities.

 

5.  Supersession

 

This award rescinds and replaces the P & O Cold Storage Limited (NSW) Enterprise Consolidated Award 2000 made by Commissioner Patterson on 17 October 2002, and published on 14 March 2003 (338 I.G. 739).

 

6.  Area, Incidence and Duration

 

This award shall cover all employees employed in the classifications set out in this award at the Company's sites at Girraween, Prospect, and Arndell Park NSW, or any other P&O site that the Company may open or operate within the state of NSW, whether they be members of the union or not.

 

This award shall come into effect from 1 September 2003 and shall remain in force thereafter until 1 September 2005.

 

7.  Objectives

 

7.1        The Company offers a value-added range of cold Logistic services throughout Australia. The Company has as its aim to be the market leader by offering the highest value of service to its customers.

 

7.2        The people the Company employs will be result-oriented, flexible, willing to learn and self-confident. They will have strong interpersonal and customer skills.

 

7.3        The Company will provide its employees with the training they need to be competent in their role and development in order to undertake future roles.

 

7.4        To serve the Company's customers, employees will operate as part of a team, supporting each other and working in a number of areas. The employees will be multi-skilled.

 

7.5        To foster a team culture, the Company shall endeavour to organise in such a way to offer permanent employment rather than casual employment, where practical.

 

7.6        To foster and promote harmonious industrial relations, the Company and the union acknowledge and agree that the intent of this award is to contribute to the achievement of all the above objectives and provide for positive union representation in the workplace that will contribute to the interests of employees and to the continued growth of the Company.

 

8.  Operational Efficiency Commitment

 

8.1        The parties to this award endeavour to ensure that, as part of a service industry, the operations of the Company shall operate as flexibly as possible in order to meet customer demand.

 

8.2        Employees within each grade and within their skills and capabilities are to perform a wider range of duties, including work, which is incidental or peripheral to their main tasks or functions.

 

8.3        Subject to the agreement of the Company and the employees concerned, employees are to undertake training for a wider range of duties and for access to higher employment classifications.

 

8.4        The parties will not create barriers to advancement and/or access to training, subject to the Company's requirements.

 

8.5        In order to promote labour flexibility, the following employee duties shall apply to all employees employed under the award, after proper training:

 

(a)        Employees shall perform such work as is reasonable and lawfully required of them by the Company (provided that such duties are not designed to promote deskilling); including accepting instructions from authorised personnel such as manager, supervisor or team leader, or from nominated technical personnel.

 

(b)        Employees shall comply with all reasonable requests to transfer or change jobs.

 

(c)        Employees shall accept responsibility for the quality, accuracy and completion of any job or task assigned to the employee.

 

(d)        Employees shall keep in good working order any equipment or materials they are supplied with.

 

(e)        Employees shall not impose or continue to enforce existing demarcation barriers between the work of employees, provided that it is agreed that the work lies within the scope and competence of the employee concerned.

 

(f)         Employees shall not impose any limitations or continue to enforce any limitations on supervisors or technical personnel demonstrating the use of new equipment or machinery or in an emergency situation.

 

(g)        Any direction issued by the Company pursuant to this clause shall be consistent with the Company's responsibilities to provide a safe and healthy working environment. Employees shall be responsible for ensuring work practices and procedures established by the Company for health and safety and environment reasons are complied with, without exception and at all times.

 

(h)        Employees shall not impose any restrictions or any limitations on the measurement and/or review of work methods or standard work times.

 

(i)         Employees shall comply with relevant occupational health and safety procedures which apply under the Occupational Health and Safety Act 1983.

 

9.  Rates of Pay

 

The minimum rates of pay for each classification shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

10.  Allowances

 

10.1      A freezer allowance shall be paid as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. NOTE: In lieu of payments prescribed by this clause, an employer and the union may agree to incorporate a cold temperature allowance in the weekly rate for employees, having regard to the time actually spent in freezer rooms.

 

10.2      The above clause refers to employees working at the Girraween, Prospect & Arndell Park Distribution Centres only.  Should P&O Cold Logistics operate a new Distribution Centre freezer allowances will be only be paid in the instance where employees are working freezing conditions not ambient or chiller conditions.

 

10.3      A laundry allowance shall be paid as set out in Item 2 of the said Table 2.

 

10.4      A battery change allowance, where applicable, shall be paid as set out in Item 3 of Table 2.

 

10.5      A travelling allowance shall be paid as set out in Item 4 of Table 2.

 

10.6      While an employee is engaged on work involving the use of technology, which is not normally undertaken as part of the employee’s classification under Clause 11, the employee shall be paid a special technology allowance. Without limiting the generality of the foregoing, the "use of technology" includes the following:

 

the operation of computerised pallet control systems;

 

The technology allowance shall be paid as set out in Item 5 of Table 2 - Other Rates and Allowances.

 

11.  Classification Definitions

 

The following classification structure shall apply:

 

A Cold Storage Person (CSP) 5 shall be a Team Leader. The Team Leader is responsible for the routine operation of a large section

 

11.1      section of the warehouse and shall undertake the following duties:

 

assist in induction and on-the-job training of new employees or employees recently employed in their section;

 

supervise and provide job direction and give guidance to employees under his/her charge as required;

 

Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements.

 

liaise with management, suppliers and customers with respect to warehouse operations;

 

ensure integrity of the customer's product by minimising stock loss and carton damage through quality control techniques and procedures;

 

be responsible for the preparation and reconciliation of regular reports of stock and pallet movements, dispatches and manning;

 

and shall exercise discretion within the scope of this grade.

 

Employees at this level shall:

 

be able to place correct port markings on export and containers (General warehouse);

 

be able to mark and collate individual weights of cartons of meats;

 

possess highly developed interpersonal and communication skills;

 

Possess keyboard skills and a working knowledge of the AS400 system.

 

A CSP 5 employee shall be capable of and may perform any duties of a CSP 1-4 as directed. The appointment of and the number of CSP 5 employees required at individual warehouses will be at the discretion of the Company.

 

11.2      A Cold Storage Person (CSP) 4 is a Multi Operator who is engaged in the checking of the customer's product in and out of storage or containers and controlling the flow of freezer and chiller lines into sortation to ensure batch integrity.  A Multi Operator shall undertake the following duties:

 

monitor temperature and packaging integrity of the customer's stock on receipt;

 

Monitor pallet configuration and audit product description on receipt.

 

Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements.

 

Employees at this level shall have:

 

Basic computer and numerical keyboard skills, including a basic understanding of scanner operation and error codes.

 

A CSP 4 employee shall be capable of and may perform any duties of a CSP 1-3 as directed.

 

11.3      A Cold Storage Person (CSP) 3 is an employee who is principally engaged in forklift operation. Such an employee shall be responsible for:

 

inloading procedures;

 

outloading procedures;

 

the sortation and control of empty pallet for dehire;

 

full pallet pick;

 

ensuring the integrity of the customer's product by monitoring pallet stacking during movement;

 

Attending to battery maintenance and recharging procedures and shall receive a battery allowance as set out in subclause 12.3 of clause 12, Contract of Employment.

 

Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements.

 

Employees at this level shall:

 

have a current National OH & S Certificate of Competency for forklift operation;

 

Receive all training necessary for radio frequency (RF) operation, including AS 400 knowledge and keyboard skills.

 

A CSP 3 employee shall be capable of and may perform any duties of a CSP 1-2 as directed.

 

11.4      A Cold Storage Person 2 is a Picker performing the function of order picking by carton to conveyor or pallet and who shall:

 

identify and pick product by description and location as specified on the label or pick sheet;

 

minimise stock damage through correct picking techniques and correct any pick errors;

 

assist with conveyor blockages;

 

Remove entry pallets and attend to housekeeping around workstation.

 

Must take reasonable care of the health, safety or welfare of themselves and others.  Must co-operate with the company in their efforts to comply with occupational health and safety requirements.

 

A CSP 2 employee shall be capable of and may perform any duties of a CSP 1 as directed.

 

11.5      A Cold Storage Person 1 is a General Operator who shall:

 

be expected to observe all safety practices to undertake their duties in a safe and responsible manner;

 

work in a team environment under supervision;

 

be responsible for the quality of his/her own work subject to Team Leader's/Supervisor's direction;

 

be required to operate manual, mechanical or electrical equipment for which no licence is required;

 

stack or consolidate pallet loads in accordance with standard procedures and carton requirements;

 

Clean up any produce spillages and general waste in the area and maintain housekeeping.

 

Must take reasonable care of the health, safety or welfare of themselves and others. Must co-operate with the company in their efforts to comply with occupational health and safety requirements.

 

Employees at this level shall:

 

possess basic interpersonal communication skills;

 

Have basic literacy and numerically skills to identify carton content and read pick labels.

 

11.6      Seniority - When considering an employee for promotion, the parties are committed to observing all Anti-Discrimination, Equal Opportunity and Affirmative Action legal obligations. However, all things being equal between applicants, the Company will then give due consideration to an applicant's length of service with the Company.

 

11.7      If Seniority applies it is to be effective from the date of engagement as a permanent employee.

 

12.  Contract of Employment

 

12.1      Employees shall be employed on either a full-time, part-time, fixed-term or casual basis.

 

12.2      A full-time employee is one employed for 38 hours per week.

 

12.3      A part-time employee is one employed for a minimum of 20 hours per week and less than 38 hours per week. A part-time employee shall be paid per hour one thirty-eighth of the weekly rate and allowances for the grade in which the employee is engaged. Part- time employees shall be entitled to all annual leave, sick leave, public holidays, bereavement leave and RDO's on a proportionate basis.

 

12.4      A fixed-term employee is an employee engaged on a weekly basis for a specified period. A fixed-term employee has the same benefits as a weekly employee for the duration of the employment period as specified.

 

12.5      A casual employee is one engaged and paid by the hour. Casual employees may be employed for not less than four hours at each start, and shall be paid at the hourly rate of one thirty-eighth of the weekly wage for the grade in which the employee is engaged, plus a loading of 15 per cent on ordinary hours. A casual employee shall also receive a 1/12 loading on each ordinary hour worked, for annual leave.

 

12.6      A casual employee shall not be entitled to annual leave, sick leave, bereavement leave, paternal leave, public holidays, and any such benefits that accrue to weekly employees (excluding long service leave), as the 15 per cent loading and the 1/12 annual leave loading paid to casual employees is in recompense.

 

12.7      All new full-time, part-time and casual employees (other than those expressly employed for a fixed-term contract for a particular task or tasks) shall serve a probationary period of three months from the date of commencement of employment with the Company. During this period, both the Company and the employee are free to terminate the contract at any time, with an hour's notice.

 

12.8      Either before the expiration of three months from the date of engagement, or after three months, the full or part-time employee shall be offered employment on a weekly basis. Any full or part- time employee who successfully completes the probationary period will be deemed to have commenced employment, for the purpose of accrued entitlements, from the initial commencement, which may last no longer than three months.

 

13.  Termination

 

13.1      Full-time and part-time employees shall, if their employment is terminated by the Company, receive the following notice:

 

Period of Continuous Service

Period of Notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

13.2      In addition to the notice referred to above, employees over 45 years of age at the time of the giving of the notice, with more than two years' continuous service, shall be entitled to an additional week's notice. Payment in lieu of notice shall be made if the appropriate notice is not given.  A combination of notice and payment in lieu may be made.

 

13.3      Employees wishing to terminate the contract of employment are required to provide the same notice as specified above. The Company shall have the right to deduct payment for any notice not given.

 

13.4      The Company shall have the right to dismiss an employee without notice for refusal of duty, inefficiency, neglect of duty or misconduct and, in such cases, the wages shall be payable up to the time of dismissal only.

 

13.5      Where an employee is absent from work for 3 or more days or shifts without the consent of the company or without notification to the company the employee shall be deemed to have terminated his/her employment without notice on the last day of duty. The Company shall attempt to contact the employee, by registered mail, to the last given address, to advise them of the Company’s position and where possible give the employee an opportunity to respond.

 

13.6      The Company shall have the right to deduct payment for any day or portion thereof during which the employee is stood down as the result of refusal of duty, inefficiency, neglect of duty or misconduct on the part of the employee, or to deduct payment for any day during which the employee cannot be usefully employed because of any strike or through any breakdown of machinery or due to any cause for which the Company cannot reasonably be held responsible.

 

14.  Payment of Wages

 

The wages and allowances of all employees shall be paid weekly in arrears by EFT. The Company shall pay all initial transaction costs if any are incurred. Casuals shall be paid weekly.

 

(1)        Pay week ends at midnight Sunday.

 

(2)        Two clear working days are needed to calculate and input pay; transactions will be released by Thursday midnight; public holidays are not working days for pay office.

 

(3)        Pay slips will be distributed by the end of shift on Thursday.

 

(4)        Payment made on third (pay office) working day.

 

15.  Hours of Work

 

15.1      General - The ordinary number of hours per week shall be 38.

 

(a)        The 38-hour week shall be worked on one of the following bases:

 

The ordinary hours may be worked in any of the following ways by agreement:

 

(1)        Five equal days per week.

 

(2)        Nineteen equal days in 20.

 

(3)        Four equal days and one short day per week.

 

(4)        Four equal days per week.

 

(5)        Three equal days over five weeks and four equal days in the sixth week.

 

(6)        Any other agreed method of implementation, which may include an accrual system for a rostered day off to a pattern determined by the employer, with up to five days of accrual.

 

(7)        All ordinary hours shall be worked in consecutive Days unless by agreement with the employee such agreement to be in writing.

 

Such hours shall be worked in shifts of not less than four and no more than 12 consecutive hours. No employee shall be required to work more than eight ordinary hours, unless by agreement.

 

(b)        The method or methods of operating not less than 7.6 hours per day may be any of the following, to be implemented at the discretion of the Company in consultation with the employees/union:

 

(1)        by employees working less than eight ordinary hours each day; or

 

(2)        by employees working less than eight ordinary hours on one or more days; or

 

(3)        by rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that cycle, where the employee is rostered to work no more than eight ordinary hours on each shift or day; or

 

(4)        by rostering employees off on various days of the week during a particular work cycle so that each employee is rostered off on one or more days during that cycle.

 

Circumstances may arise where different methods of operating the 38-hour week apply to different groups or sections of employees within the business of an employer.

 

(c)        Where the method of implementation is organised in accordance with subparagraph (3) and (4) of paragraph (b) of this subclause, agreement may be reached between an employer and the employee concerned to accrue up to a maximum of eight rostered days off.

 

(d)        By agreement with the employees/union concerned, payout of rostered days off (RDO's) may occur with a minimum payout of five days and a maximum of 12 days, with payout to be at current rates.  The Company may postpone the taking of an RDO (where that is the method of implementation) to another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.  The substituted day shall be agreed upon between the employer and the employees/union concerned.

 

15.2      Ordinary Hours for Full-time/Part-time Employees -

 

NOTE: Any employee rostered to work on Saturday or Sunday, as part of their ordinary hours shall be rostered one weekend off in four.

 

(a)        The ordinary hours of work shall be 38 per week Monday to Sunday, which shall be worked in no more than five consecutive days per week.

 

(b)        The daily span of hours shall be worked between 6.00 a.m. and 7.00 p.m.;

 

(c)        During peak periods, i.e. four weeks prior to and four weeks after Christmas and two weeks prior to and two weeks after Easter, individual warehouses may start at 5.00 a.m. after consultation.

 

(d)        However, it is agreed that employees may, at times other than those times specified in paragraph (c) of this subclause, agree to volunteer to commence work at 5.00 a.m. in lieu of 6.00 a.m. Any employee who volunteers to commence at 5.00 a.m. shall be paid at the ordinary time rate of pay. An employee's ceasing time shall be adjusted accordingly.

 

(e)        Any employee volunteering to commence ordinary hours at 5.00 a.m. must do so in writing; no employee shall be placed under any duress to commence at 5.00 a.m. Any employee volunteering to commence at 5.00 a.m. can withdraw by giving 7 days' notice.

 

(f)         The Company shall endeavour to accommodate requests from employees, but the selection of employees to start at 5.00 a.m. will be dependent upon an individual warehouse having a requirement for the particular employee and his/her classification of work.

 

(g)        Staggered starts to be introduced. This is voluntary for existing employees.

 

(h)        7 days’ notice required changing starting times.

 

(i)         If a greater classification role is on a later starting time, and that role is subsequently changed back to an earlier starting time, the role at the earlier time has to be re-advertised, and all employees in the Distribution Centre would be able to apply. When reviewing applicants for this new role, the grade of the person completing the function prior to the change will not be given preference when assessing applicants.

(j)         The employee on the later starting time will carry out the duties on which he/she is employed while on the later start.

 

(k)        When an employee leaves P&O his position will remain as a position designated as starting on that same shift. E.g. a position that starts at 6am is vacated the new role will be advertised as a 6am start, unless clients needs dictate this needs to be reviewed by Management and the Union.

 

(l)         Where the warehouse or company needs change, the parties are committed to discussing the necessary changes. If the employee fails to perform on the higher classification the employee can be demoted by using the warning system.

 

15.3      Ordinary Hours for Casual Employees -

 

(a)        The ordinary hours of work shall be 38 per week Monday to Sunday, which shall be worked in five days over seven days in any one week; however, such ordinary hours must be worked in no more than five days with a minimum of four hours at each start.

 

(b)        Any work performed on the sixth and subsequent days will be paid at overtime rates of pay as per clause 19, Overtime.

 

(c)        Any work performed on public holidays as outlined in clause 21, Public Holidays, shall be paid at double time and one- half.

 

(d)        The spread of hours for casuals is the same as for full- time/part-time employees outlined in subclause 15.2 of this clause.

 

15.4      Casual Employees -

 

(a)        Casual employees shall be individually employed to work the hours required to meet the needs of individual warehouses within the terms of the spread of hours set out in subclause 15.2 of this clause.

 

(b)        Payment of ordinary hours - For ordinary hours on Monday to Friday, casual employees shall be paid at the appropriate classification rate, plus a loading of 15 per cent and 1/12 annual leave allowance (as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates). Such rate incorporates provision for annual leave; annual leave loading, sick leave, public holidays and bereavement leave.

 

(c)        An employee who was employed after 18 October 1995 will be required to work the agreed roster arrangements as set out in their contract of employment.

 

(d)        Casual employees rostered to work on Saturday as part of their ordinary hours shall be paid 150 per cent of the appropriate classification rate, plus 15 per cent casual loading and 1/12 annual leave allowance (as set out in the said Table 1).

 

Casual employees rostered to work on Sunday as part of their ordinary hours shall be paid 175 per cent of the appropriate classification rate, plus 15 per cent casual loading and 1/12 annual leave allowance (as set out in the said Table 1).

 

15.5      Rosters for Permanent Employees -

 

(a)        An employee who was employed prior to 18 October 1995 may volunteer and be accepted to work the following rosters, subject to business requirements:

 

(i)         Any four days in five as ordinary hours, i.e. a ten- hour day (including any RDO accrual), providing this suits the particular operations of the warehouse as determined by senior management.

 

(ii)        Any four days in seven as ordinary hours, i.e. a ten-hour day (including any RDO accrual), providing this suits the particular needs of the warehouse as determined by senior management.

 

(iii)       Any five days in seven as ordinary hours, i.e. an eight-hour day (including any RDO accrual), providing this suits the particular needs of the warehouse as determined by senior management.

 

(1)        Ordinary hours worked Monday to Friday shall be paid for at the ordinary rate of pay (as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates).

 

(2)        Ordinary hours worked on Saturday shall be paid for at time and one-half (150 per cent) of the ordinary rate of pay (as set out in the said Table 1).

 

(3)        Ordinary hours worked on Sunday shall be paid for at time and three-quarters (175 per cent) of the ordinary rate of pay (as set out in Table 1).

 

(b)        Additional working hours available to weekly employees:

 

(i)         After completing or being rostered to complete a normal weekly roster, a weekly employee may volunteer to work additional hours and the company shall give preference to such request where work is available and would otherwise be undertaken by a casual employee. Such additional hours will be paid for at the classification rate applicable to the work to be performed and in accordance with the arrangements applicable to rostered ordinary hours, as stated above. That is, Monday to Friday at ordinary rates of pay, Saturday at 150 per cent of the ordinary rate of pay and Sunday at 175 per cent of the ordinary rate of pay.

 

(ii)        This provision is not to be used in any manner by the company to disadvantage any employee, or to avoid the company’s obligation to pay overtime in accordance with the provisions prescribed in clause 19, Overtime.

 

(c)        Casual Ratios - The Company shall control the normal use of casual labour to a level of 80 per cent permanent employees to 20 per cent casuals per warehouse allowing for the productive gains to be achieved under the terms of this award. Additional casuals can be used for absenteeism.

 

The parties agree that the rate of pay for ordinary time worked on Saturday and Sunday for casual employees is on the understanding that strict adherence to the casual ratios, as prescribed above, is maintained.

 

15.6      Seven Day Rosters

 

(a)        A seven-day roster system will be used throughout the state, wherever a seven-day operation is required.

 

(b)        The roster does not include an RDO.

 

(c)        Over the 6 weeks there are 40.00 ordinary hours worked per week on average.

 

15.7      Definitions

 

(a)        A seven day roster employee is one who is permanently employed and paid according to the terms and conditions of this clause, working a rotating shift cycle over six weeks with one full weekend off in the six weekends and two part weekends off.

 

(b)        A shift length is nine hours, with the exception of Sunday shifts, which are six hours duration. These are paid hours and do not include unpaid meal breaks. (Should shift lengths change in accordance with 15.8(b), Sunday shift hours will not exceed 8 hours worked).

 

(c)        An "Existing" casual or permanent employee is one who was employed by P&O Cold Storage before 23 February 1999.

 

15.8      Shift Starting Times and Length

 

(a)        All seven-day rostered employees may be required to start at either 6.00am or voluntarily at 5.00am on ordinary time, depending on warehouse requirements.

 

(b)        With 6 weeks notice, individual employees may have the length of shifts and roster patterns varied to suite operational requirements.

 

15.9      Payment Under the Roster

 

(a)        All rostered work is paid at ordinary time, with time and one half for Saturday and time and three quarters for Sunday.

 

(b)        Although the number of hours worked and penalty rates earned vary from week to week, the wages will be "averaged" so that employees receive the same pay each week.

 

This "averaged" rate is an all purpose rate which will apply to Annual Leave, Long service Leave, Sick Leave and any other paid Award, or statutory leave entitlements.

 

(c)        In the event of roster changes, employees will still be paid an averaged rate, based on the average rostered hours per week.

 

(d)        Hours under the seven-day roster will not exceed an average of 40 hours per week.

 

(e)        All work in excess of 38 hours per week has been calculated at over time rates and is reflected in the rostered hourly rate.

 

(f)         On acceptance of this roster a $5.50 per week increase was paid to all permanent employees ONLY from implementation of this roster, along with a guarantee to all existing permanents that they can only enter into this roster arrangement by individual agreement during the life of their employment.

 

(g)        All freezer money is paid in the base rate. This applies to employees working at the current Girraween, Prospect and Arndell Park sites only. If the new site requires the use of a freezer then the freezer allowance will be paid as part of the base rate of pay, to those employees working in the freezer.

 

(h)        In the event that an employee from Girraween, Arndell Park or Prospect is required by Management to transfer to a new site they will be permitted to maintain their freezer allowance as part of their base rate of pay. Any employee who volunteers to transfer to a new site without a freezer will not receive the freezer allowance.

 

(i)         The rate of pay shall be in accordance with Table 3 - Rates of Pay, Seven Day Roster of Part B, Monetary Rates.

 

15.10    Existing Casual Employees

 

(a)        Existing casuals will get priority to apply for a permanent position on this roster.

 

(b)        Casuals appointed to this roster will have no right to revert to Monday - Friday work.

 

15.11    Trial of the Roster

 

(a)        Existing permanents may also volunteer to trial this roster for a full roster cycle of either 6 or 12 weeks (On trial the full roster must be completed).

 

(b)        After the trial, permanents must elect which roster they will remain on. Repeated trials are not permitted.

 

15.12    Work on Non-Rostered Days

 

This clause is to be read in conjunction with Appendix A - Overtime Guidelines.

 

(a)        Rostered permanent's can nominate their availability to work overtime ahead of casual employees for their non-rostered days.  This is to cover for Planned Leave only i.e. RDO’s and Annual Leave Any employee wishing to work non-rostered days must complete the full shift if required.

 

(b)        Permanent employees who agree to work on non-rostered days, but fail to turn up, without reasonable course, shall be disciplined in accordance with clause 41A.

 

(c)        For work on non-rostered days, rostered permanents will be paid time and one half for the full shift and double time for any hours worked after completion of the shift, Monday to Friday.

 

(d)        Existing weekend overtime rates will apply for all work on non-rostered Saturdays and Sundays.

 

(e)        Casuals may be called in at the start of a shift for unknown absenteeism.

 

15.13    Early Morning Shift

 

(a)        This arrangement applies to employees at any warehouse.

 

(b)        Employees rostered to start at 3.00am will be pickers and auxiliary staff as required for the operations.

 

(c)        The current permanent pickers and auxiliary staff will be given the first option to volunteer for the shift beginning at 3.00am.

 

(d)        Once an employee has volunteered for the morning shift, that employee will remain on that shift. Any changes to the start or finish times will be as per clause 16.

 

(e)        The new morning shift will not affect the current starting times of the current permanent employees.

 

(f)         Casuals may be employed on the morning shift only after the permanents have been offered the option to volunteer, and there is an unfilled operational requirement for additional staff.

 

A morning shift allowance of 13% for the shift shall be paid for the purpose of the award.

 

For work after the end of the shift overtime payments will be paid at the rate of double time for Monday through Friday.

 

16.  Change to Start/Finish Times

 

Individual employees may be required by the Company to vary their start/finish time subject to 48 hours' notice. At peak periods as specified in paragraph (c) of subclause 15.2 of clause 15, Hours of Work, a warehouse may be required to vary its start time for particular periods by giving seven days' notice. Full consultation with employees will occur and maximum notice given where possible. This may be varied by agreement between individual employees and the warehouse supervisor.

 

17.  Lateness

 

Where an employee is late for work the employer shall have the option of sending the employee home without pay by taking into account such factors as:

 

(a)        reason for lateness;

 

(b)        Whether the employer has hired a replacement casual employee.

 

18.  Shift Work

 

(a)        Definitions -

 

"Afternoon shift" means any shift finishing after 7.00 p.m. and at or before midnight, Monday to Sunday.

 

"Night shift" means any shift which finishes after midnight and at or before 6.00 a.m., Monday to Sunday.

 

(b)        Shift Allowances -

 

Afternoon shift - 20 per cent.

 

Night shift - 30 per cent.

 

Shift allowances are to be paid in addition to the Saturday and Sunday ordinary loading rates as prescribed by this award, when worked as part of ordinary hours.

 

(c)        A paid meal break of 20 minutes shall be allowed during any afternoon or night shift, which shall be considered the employee's meal break.

 

(d)        Any overtime worked on an afternoon or night shift shall be paid at the rate of double time but shall not be cumulative with shift penalties.

 

19.  Overtime

 

This clause is to be read in conjunction with Appendix A - Overtime Guidelines.

 

19.1      Overtime at the rate of time and one-half for the first two hours and double time thereafter shall be paid to all employees in the following circumstances:

 

(a)        where the daily hours exceed the prescribed ordinary hours for the day;

 

(b)        where the hours exceed the prescribed ordinary hours for the week;

 

(c)        Before or after the agreed starting and finishing times.

 

19.2      Overtime worked on Saturday shall be paid at time and one-half for the first two hours and double time thereafter.

 

19.3      Overtime worked on Sunday shall be paid for at double time.

 

19.4      An employee called upon to work overtime on a Saturday, a Sunday or a public holiday shall be paid a minimum payment of four hours.

 

19.5      Overtime worked prior to 6.00 a.m. will be paid at time and a half, except during the nominated Christmas and Easter peak periods and where employees volunteer to commence at 5.00 a.m. at ordinary time in accordance with paragraph (d) of subclause 15.2 of clause 15, Hours of Work.

 

Existing employees (i.e. employees who commenced prior to 18 October 1995) authorised to do start-up prior to 6.00 a.m. shall be paid double time.

 

19.6      Time Off in Lieu - By agreement between the parties, time off in lieu of overtime may be taken for reasons other than family leave provisions, provided that:

 

(a)        any such agreement is in writing;

 

(b)        the time off shall be calculated at the overtime equivalent;

 

(c)        The time off must be at a mutually agreed date not later than one month from the working of the overtime.

 

19.7      Need for Overtime - The Company may require employees to work a reasonable amount of overtime to suit the needs of the business. However, the Company shall endeavour to accommodate any individual family commitment and personal circumstances.

 

19.8      The following shall be the procedure for allocating Overtime.

 

(a)        An employee who wishes to work overtime created by `planned leave' should notify his/her supervisor of the day(s) on which he/she is available for overtime (the overtime list) prior to 12pm the day before. Payment for such will be at normal overtime rates.

 

(b)        `Planned Leave’ requirements are known the day before. The supervisor will allocate people from the overtime list.

 

(c)        An employee who is not on the overtime list will not be called in for any overtime, however, a Supervisor may call in an afternoon shift employee to work before his shift as long as:

 

(d)        Time worked before a shift starts shall be a maximum of 4 hours; and

 

(1)        The employee works for the whole time in the job, which he/she commenced on overtime until his/her rostered shift commences/or the workload is completed.

 

(e)        Once the supervisor has been through the above procedure he/she will fill remaining vacancies in the most efficient way. Such vacancies must be covered by an employee covered by this agreement.

 

(f)         Employees who agree to work a full shift of overtime but do not turn up for 2 weekends out of 4 shall not be eligible to work overtime for the next weekend.

 

(g)        In accordance with the Annual Holidays Act, employees will receive a clear break. An employee will not be eligible to work on weekends or days off during the period of annual leave. Employees are permitted to work up until their annual leave commences. The next time the employee is permitted to work is their first normal working day, after the completion of their Annual leave.

 

19.9      Meal Breaks on Overtime - Employees shall be entitled to a 20- minute paid meal break after working one and a half hours past their normal rostered finishing time. Untaken meal breaks shall be paid in addition to the hours worked, at double time (200 per cent) of the classification rate.

 

19.10    Maximum Hours and Preference -

 

(a)        No employee will be required to work more than 12 hours in any one-day.

 

(b)        Employees will be required to absent themselves for eight hours between shifts.

 

(c)        Permanent employees will be given preference to work overtime to cover for planned leave before casuals are brought in. This applies to the current Girraween, Prospect and Arndell Park sites only.

 

20.  Meal Breaks and Clothing Change

 

20.1      Two meal breaks of 20 minutes each shall be provided during a normal working day or shift. Each employee shall remain at their workstation until the start of their rostered meal break and present themselves back at their workstation 20 minutes later.

 

20.2      The first meal break of 20 minutes shall be taken subject to work requirements.  The second meal break of 20 minutes shall be taken no later than five hours after commencement of work. (The second meal break only shall be paid.)

 

20.3      The Company may implement measures:

 

(a)        to require the alteration of a scheduled meal break for one or more employees if the Company considers such alteration is necessary in order to meet a requirement for continuity of operations;

 

(b)        to stagger the taking of meal and rest breaks in order to meet operational requirements.

 

20.4      Employees shall work not more than five hours without a break.

 

20.5      Any employee rostered to work a nine and a half-hour day or more shall be entitled to an extra paid meal break of 20 minutes.

 

20.6      All employees shall present themselves at their workstation dressed and ready to start at their rostered start time. Change of clothing at the end of the day shall occur after the rostered finish time. All employees shall remain at their workstation until their rostered finish time.

 

21.  Public Holidays

 

21.1      The following days shall be recognised as holidays in the industry: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day and all proclaimed public holidays for the State and the annual picnic day of The Australasian Meat Industry Employees' Union, New South Wales Branch, which shall be the first Monday in November of each year, unless the Company is notified by the union of an alternative day, of which day one month's notice shall be given by the union to the Company.

 

21.2      Where an employee's roster does not include a public holiday when it occurs as a normal working day, the employee shall be entitled to payment for that day at the classification rate.

 

21.3      All weekly and part-time employees shall be paid for the holidays specified in this clause, provided that such employees do not absent themselves from work on the working day preceding or the working day succeeding such holiday and have not ceased work without permission before the normal time of ceasing work on either or both of these days.

 

21.4      When such holidays fall on consecutive days an employee who works either the working day preceding or the working day succeeding such holiday, but not on both, shall be entitled to payment for such holiday closest to the said day on which the employee works, provided that the employee has not ceased work without permission on such said day.

 

21.5      All time worked on a public holiday shall be paid for at double time and one-half of the classification rate, or at time and one- half with an entitlement of equivalent paid leave at single time, which may be taken with annual leave (without leave loading), or as mutually agreed. A minimum payment of four hours shall apply on public holidays.

 

22.  Sick Leave

 

An employee who, after not less than three months' continuous service in their employment with the Company, is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity (excluding illness or incapacity resulting from injury within the Workers' Compensation Act 1987) received in the said employment (not due to his/her own serious and wilful misconduct) shall be entitled to be paid for such non-attendance the amount of the ordinary rate of pay, subject to the following:

 

22.1      Where any employee is absent from duty by reason of incapacity due to injury arising out of or in the course of employment and is receiving compensation under the Workers' Compensation Act 1987, the Company shall pay to such employee, if the employee so requests, in addition to such compensation, the difference between the amount of the compensation and the ordinary-time rate of pay (exclusive of overtime and other penalty payments) with a minimum payment not exceeding the balance, if any, of the entitlement to paid leave of absence under this clause.

 

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

 

If the employee is unable to inform the Company within this time, the employee shall inform the employer within 24 hours of the commencement of such absence.

 

22.3      For the purpose of ascertaining whether or not an employee is or has been ill and the particulars thereof (including, where applicable, the estimated duration of the employee's absence) the Company, through any person appointed by it to interview employees for the purpose stated (such appointment being notified to the union), shall have the right to interview any employee who is or has been absent from duty. Where a person so appointed is a legally qualified medical practitioner, the right to interview an employee shall include the right to examine the employee.

 

22.4      An employee who unreasonably refuses the interview or unreasonably refuses or prevents the examination specified in subclause 22.3 of this clause shall not be entitled to payment for the period during which the employee is absent from duty.

 

22.5      The employee shall prove to the satisfaction of the Company that they are or were unable, on account of such illness or incapacity, to attend for duty on the day or days for which payment under this clause is claimed. Notwithstanding the above, for absences before or after public holidays and rostered days off, proof by way of a medical certificate shall be supplied, irrespective of the length of the absence.

 

22.6      Sick leave of two days or more on each occasion must be substantiated by a doctor's certificate.

 

22.7      An employee shall be entitled, in respect of any year of continuous service, to sick pay and pay supplementary to workers' compensation, in accordance with the following:

 

(a)        In the first year of service:

 

After three months' continuous service - 16 hours.

 

After six months' continuous service - a further 16 hours.

 

After nine months' continuous service - a further 16 hours.

 

After one year's continuous service - a further 16 hours.

 

Total paid days sick leave entitlement - 64 hours.

 

(b)        In the second and subsequent years of service:

 

Total paid days sick leave entitlement - 80 hours.

 

(c)        Any period of paid sick leave or pay supplementary to workers' compensation, allowed by the employer to an employee in any such year, shall be deducted from the period of leave which may be allowed or carried forward under this clause in respect of such year.

 

22.8      An employee shall not be entitled, in respect of any year of continued employment, to sick pay and pay supplementary to workers' compensation for more than a total amount equivalent to payment for 64 hours in the first year of employment and 80 hours in the second and subsequent years. Any period of paid sick leave or pay supplementary to workers' compensation allowed by the Company to an employee in any such year shall be deducted from the period of leave which may be allowed or carried forward under this clause in respect of such year. No payment shall be due for illness or incapacity of less than one day.

 

22.9      The rights under this clause shall accumulate from year to year so long as the employee's employment continues with the Company, so that any part of 64 hours or 80 hours which has not been allowed in any year may be claimed by the employee and shall be allowed by the Company, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment. Any rights, which accumulate pursuant to this subclause, shall be available to the employee while the employee remains in the employ of the Company.

 

22.10    For the purpose of this clause, continuous service shall be deemed not to have been broken by:

 

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

 

(b)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall, in each case, be upon the employee);

 

Provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

 

22.11    Provided that once an employee has had three months' continuous service with the Company, he/she shall be paid for any absence owing to illness during the first three months. Payment will be limited to 2 working days sick leave entitlement in the first 3 months of employment as set out in Clause 27(a).

 

22.12    Any employee who has been given a written warning as prescribed by the Enterprise Award for absenteeism and absent themselves from work for which another warning is given, shall not be offered any overtime for the next 6 days. Such warnings will be given within 2 working days of the date of absenteeism.

 

22.13    Service before the date of coming into force of this clause shall be counted as service for the purpose of qualifying thereunder.

 

23.  Family Leave

 

Family leave shall be granted in accordance with provisions of the order made pursuant to the Industrial Relations Act 1996.

 

24.  Annual Leave

 

The provisions of the Annual Holidays Act 1944 shall apply.

 

25.  Annual Leave Loading

 

25.1      Before an employee is given and takes his/her annual holiday or where, by agreement between the Company and the employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the Company shall pay the employee a loading determined in accordance with this clause.

 

25.2      Annual leave loading shall be 33 and one-third per cent of the classification rate of pay.

 

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

 

25.4      When the employment of an employee is terminated by his/her employer on or after 1 January 1974 for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled after 31 December 1973, he/she shall be paid a loading calculated in accordance with subclause 25.2 of this clause, for the period not taken.

 

25.5      Except as provided by paragraph 25.4 of this subclause, no loading is payable on the termination of an employee's employment.

 

25.6      In addition to the 33 1/3% annual leave loading employees who have accrued annual leave whilst working on a shift which incur shift loading as per clause 18(b), shall receive the shift loading on that part of their annual leave accrued whilst working on shift, to be paid when the taking of that leave. Alternatively employees returning to permanent day shift mat elect to have any shift loading component accrued on annual leave paid out.

 

26.  Bereavement Leave

 

26.1      An employee shall, on the death of the wife, husband, father, mother, child or stepchild, brother or sister, grandmother, grandfather, mother-in-law or father-in-law, grandchild, son-in-law or daughter-in-law of the employee, be entitled to leave up to and including the day of the funeral of such relation. Such leave shall be for a period not exceeding 16 working hours, without loss of any ordinary pay which the employee would have earned if he/she had not been on such leave.

 

26.2      The right to such leave shall be dependent on compliance with the following conditions:

 

(a)        The employee shall give the Company notice of intention to take such leave as soon as reasonably practicable after the death of such relation.

 

(b)        The employee shall furnish proof of such death to the satisfaction of the employer. Documentary evidence will be required in all cases to support application

 

(c)        The employee shall not be entitled to leave under this clause during any period in respect of which he/she has been granted any other leave.

 

26.3      For the purpose of this clause, the words "wife" or "husband" shall not include a wife or husband from whom the employee is separated but shall include a person who lives with the employee as a de facto wife or husband.

 

27.  Long Service Leave

 

The provisions of the Long Service Leave Act 1955 shall apply.

 

28.  Loading of Trucks

 

All Refrigerated Roadways, its agents, and subcontractors at the Girraween, Prospect and Arndell Park sites shall be required to load their trucks and unload empty pallets/cages/returned stock. Drivers shall move freight from designated dock staging areas agreed between the parties for the purpose. Drivers shall use walk-behind transporters. Drivers shall not move freight from any other non-designated areas. Truck drivers from any organisation at any other sites may be required to perform the tasks as described above.

 

29.  Transfers

 

The Company may require its employees to transfer daily between warehouses to meet labour requirements, volume variations or other work-related needs that may arise. The current practice of calling for volunteers initially shall prevail but, in the eventuality of additional employees being required, then nominations shall take place after consultation and agreement is reached. Personal difficulties or family circumstances will be considered, providing satisfactory advice is given to the Company. Transfers due to emergencies shall be given maximum co-operation by all parties. Transfers between sites shall be by agreement only, and a car allowance of an amount as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, will be paid for the authorised use of personal vehicles between sites.

 

30.  Mixed Functions

 

30.1      Should any employee engaged at a higher paid class of work be transferred temporarily to a lower paid class of work, the employee shall continue to receive the higher rate during such transferred temporary employment.

 

30.2      An employee who is required to do work carrying a higher rate than his/her ordinary classification for two hours or more on any day or shift shall be paid at the higher rate for the whole of the day or shift.

 

30.3      Subject to subclause 30.2 of this clause, an employee who, on any day or shift, is required to do work of a higher paid classification for at least one hour shall be paid the rate prescribed for such work while so engaged.

 

30.4      While employees are under training and supervised, they will retain existing wage rates for a training period as a guide of 152 hours (or four weeks) and be paid a freezer allowance, if working in freezers in any one job.

 

30.5      Where an employee is being considered for a Team Leader position the employee will be appointed/paid at the team leader rate on an acting basis for a period of up to 3 months. During that period the employee’s performance and training will be assessed. Once a decision has been taken to appoint a person to a Team Leader position he/she shall be paid and maintained at the Team Leader rate. However, if the Team Leaders position is not taken up, the employee will revert to their original rate of pay.

 

30.6      Employees who are appointed to a position on an acting basis will participate in a monthly performance review. This will ensure that they receive written feedback on how they are performing in their new role.

 

31.  Protective Clothing

 

31.1      Where an employee is required by the Company to wear any special uniform, overall or other article, it shall be supplied by the Company at no cost to the employee.

 

31.2      The Company will supply all employees with the following protective clothing suitable to the nature of each employee's work:

 

Three pairs of overalls at commencement of employment that will be replaced on exchange if and when required.

 

Safety/freezer boots replaced on exchange when required.

 

Gloves.

 

In addition to the above, if working in a freezer room, a blanket suit will also be provided and suitable head covering if requested.

 

31.3      All permanent full-time and part-time employees will be paid the laundry allowance set out in clause 10, Allowances, in lieu of the Company laundering the protective clothing and the employee is hence required to ensure that all protective clothing is properly laundered.

 

All casual employees will have their protective clothing laundered by the Company.

 

31.4      Where the Company provides the above, such protective clothing shall remain the property of the Company and employees shall owe a duty of care to the employer for all protective clothing and equipment supplied to the employee during the course of duty and, if the employee damages or loses the issue wilfully or negligently, the employee shall reimburse the Company.

 

31.5      Where an employee is required by the Company to work continuously in conditions in which, because of their nature, the clothing would otherwise become saturated, the Company shall provide such employee with suitable protective clothing at no cost to the employee.

 

31.6      Any protective clothing shall be returned to the Company on termination or the residual value may be deducted from the employee's pay.

 

31.7      Employees required by the Company to wear protective clothing shall do so, and failure to do so may lead to disciplinary action.

32.  Working in Cold Temperatures

 

32.1      Each employee shall have been medically selected as fit for work in extremely cold conditions.

 

32.2      The employer shall make available free of charge for the use of each employee a blanket suit and helmet and overalls.

 

32.3      For every hour or part of an hour during which an employee is working in cold temperatures, he/she shall be paid a temperature allowance in accordance with clause 10, Allowances.

 

32.4      Employees required to work in rooms where the temperature is less than -18 degrees Celsius shall be allowed reasonable breaks outside the room. Present arrangements of 50 minutes in and ten minutes out shall continue.

 

32.5      For the purpose of this clause, the temperature of a room shall be the temperature of the coldest part of such room.

 

33.  Employees' Protection

 

33.1      Waterproof coats and gumboots shall be made available when employees are snowing down and conditions are such as to reasonably require their provision.

 

33.2      Employees, when overheated through working outside, shall be allowed to cool down before entering the freezer.

 

33.3      No employees shall be called upon to work in a chamber where the floor is wet or substantially iced, or where there is serious dripping of moisture from pipes or where a leak of ammonia exists. Where wet or iced conditions prevail, employees shall be required to perform such work as required by management to alleviate such conditions, before a normal resumption of work takes place.

 

33.4      The employer shall provide facilities for the satisfactory drying of clothes between shifts.

 

33.5      The employer shall, where necessary, provide rubber boots or safety boots for employees.

 

33.6      The present practice shall remain in respect of supply by the employer of suitable freezer boots or flying boots.

 

34.  Superannuation

 

34.1      In addition to the rates of pay in this award, the Company shall contribute on behalf of any eligible employee covered by this award an amount as prescribed by the Superannuation Guarantee Levy Act 1992.

 

34.2      For the purpose of this clause, "eligible employees" shall mean all:

 

(j)         Full-time and part-time employees; and

 

(ii)        Casual employees who earn in excess of $450 per month who have completed the necessary application forms and lodged them with the Company.

 

34.3      The Company may suspend contributions on behalf of any employee for any period when the employee is absent from work on unpaid leave, provided that the Company shall continue to make contributions in respect of any period during which an employee is absent from work on workers' compensation, up to a maximum of 26 weeks, and provided further that the employee remains in the employ of the Company.

 

34.4      Contributions are payable in accordance with subclause (a) of this clause upon attainment of the qualifying periods, but are not retrospective.

 

34.5      For the purposes of this clause:

 

"P & O Australia Group Accumulation Fund" (P&OGAF) shall mean the fund established under a Trust Deed dated July 1991 and shall include any successor fund thereto.

 

"Meat Industry Employees' Superannuation Fund" (MIESF) shall mean the fund established under a Trust Deed dated July 1991 and shall include any successor fund thereto.

 

34.6      This award recognises the intent of the Government's "Freedom of Choice" proposals as outlined in the 1997 Budget. The award also recognises that the level of benefits ultimately delivered to employees is of paramount importance.

 

34.7      Having regard to the long term and complicated nature of superannuation, including the importance of investment returns and operating costs, this award provides that membership of a superannuation fund be available as follows:

 

(i)         With immediate effect, all new permanent employees shall be offered membership of the non-contributory category (Category 1) of the P & O Australia Group Accumulation Fund (P&OGAF) or any successor fund thereof or the Meat Industry Employees' Superannuation Fund (MIESF) or any successor fund thereof.

 

(ii)        At intervals of not less than 12 months and as at 1 January in any year such employees may, on giving three months' written notice to their employer, elect to transfer from P&OGAF to MIESF or vice versa. Employees electing to transfer may be required to provide satisfactory medical evidence in respect of their death and disablement benefits, which benefits may be subject to restrictions or limitations as a result.

 

(iii)       Employers shall not be required to contribute in excess of the amounts normally required to be contributed under Superannuation Guarantee legislation (currently six per cent (8%) of ordinary-time earnings), nor shall they be required to contribute to more than one fund at any time.

 

(iv)       New permanent employees shall be required to make an election and to complete application requirements of the fund of their choice within 28 days of their commencing service. Failure to do so shall be deemed to be a decision to join the P&OGAF and to comply with all of the requirements of membership of that fund.

 

(v)        Permanent employees, whose service commenced prior to the date of this award, shall be permitted to choose between membership of P&OGAF and MIESF with effect from 1 January 1999 and shall provide three months' written notice to their employer should they wish to transfer from one fund to the other on that date.

 

(vi)       Thereafter, the provisions of paragraphs (ii) and (iii) above shall apply to all permanent employees.

 

(vii)      Casual employees shall be required to join the "Meat Industry Employees' Superannuation Fund" (MIESF) or any successor fund thereof with effect from their commencement of employment.

 

(viii)     These provisions shall apply to all employees as aforesaid, but nothing herein shall prevent an employer from providing an additional option or options in particular cases, by agreement with the employees concerned.

 

35.  Union Training

 

35.1      Elected union delegates shall be granted leave to attend courses conducted by AMIEU, which are designed to promote good employee relations, subject to the following:

 

(a)        No more than two days per year shall be granted to each delegate, and untaken leave shall not accrue from year to year.

 

(b)        Applications shall be in writing and at least 28 days before the course and shall include details of the course, content and proposed dates conducted.

 

(c)        Only employees with six months' continuous employment are eligible for this leave.

 

(d)        No more than three employees can attend at the same time.

 

(e)        Any employees attending on such leave shall be paid their ordinary rate of pay for the day or days.

 

(f)         The Company shall not be required to pay any other costs associated with leave pursuant to this clause.

 

(g)        Leave granted under this clause shall count as service for all purposes of this award.

 

(h)        On completion of the course the employee shall, in order to be paid, provide proof of their attendance at the course and, upon request, inform the Company of the nature of the course and their observations.

 

36.  Numeracy and Literacy Training

 

The Company agrees to assist employees in numeracy and literacy training and to determine the availability of such courses.

 

37.  Notification of Change

 

Notification - Where the Company has made a definite decision to introduce major changes in warehousing and distribution systems, procedures, organisations, structure or technology that are likely to have significant effects on employees, the Company shall discuss the relevant issues with the Consultative Committee and the AMIEU prior to notifying employees who may be affected by the proposed changes.

 

38.  Redundancy

 

38.1      Definitions -

 

(a)        "Redundancy" is when an actual reduction in the number of permanent employees employed in the work area shall occur as a result of economic downturn or technological change and where alternative employment cannot be found.

 

(b)

 

(i)         Where an employer initiates a reduction in the number of permanent employees required; or

 

(ii)        the employer ceases to carry on the business at the current location and does not offer transfer and continuing employment at a new location,

 

Redundancy shall apply.

 

(c)        "Business" includes a part of a business.

 

(d)        This award shall apply to the permanent weekly workforce of the Company. Casual employees shall not be included for the purpose of this award.

 

(e)        "Ordinary rate of pay" means the normal weekly payment received by an employee for the ordinary hours of work at the date of redundancy and shall be determined at the average rate paid for annual leave. It shall include industry allowances normally paid, such as first-aid allowance, but excludes any shift allowance or overtime penalty payments.

 

38.2      Notice of Redundancy - Where the Company proposes to terminate the employment of an employee on account of redundancy, it shall:

 

(a)        Advise its employees of the intention to cease operations at least one month in advance and will give individual employees notice of redundancy.

 

Notwithstanding the above, each employee will be given maximum practicable notice of termination of service.

 

(b)        Any employee who terminates their employment on a date prior to having received the formal notice of redundancy hereof will not be eligible for any redundancy payment.

 

38.3      Seniority - Employees made redundant shall be retrenched after carefully considering occupational skills and qualifications and satisfactory work record. The selection of employees will be made on the basis of retaining those who best service the commercial needs of a continuing business. The union will be kept fully informed.

 

Initially, redundancy may commence on a voluntary basis but, if not enough employees take up voluntary redundancy, then the above criteria will be used to provide sufficient flexibility into this area of selection.

 

38.4      Redundancy Payments - For under 12 months' weekly service - Nil.

 

At the completion of each 12 months' weekly service, the following table shall apply:

 

Completed Years

Weeks Pay

1

4

2

7

3

10

4

12

5

15

6

18

7

21

8

24

9

27

10

30

11

33

12

36

 

Thereafter, three weeks for each year of service up to a maximum of 60 weeks.

 

38.5      Redundancy Payments on Termination - In the event of the Company terminating the employment of an employee on account of redundancy, it shall give the employee a detailed statement of entitlements, where practicable, at least two weeks prior to the date of termination, together with a statement of service setting out the employment record and the reason for termination of employment. Anyone accepting redundancy shall not be entitled to be re-engaged within less than six months.

 

38.6      Notification to the Commonwealth Employment Service - Where a decision has been made to terminate the employment of 15 or more employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

38.7      Time Off to Seek a Job - The employee, on notice of retrenchment, shall, during such notice period, be entitled to time off as per the following scale without loss of pay in order to seek other employment, proof of which may be required by the employer:

 

(a)        Employees with up to three years' employment - two days' paid leave to seek other employment.

 

(b)        Employees with up to five years' employment - four days' paid leave to seek other employment.

 

(c)        All other employees - five days' paid leave to seek other employment.

 

38.8      Superannuation - Superannuation shall be paid in accordance with the relevant trust deed.

 

38.9      Exceptions - Redundancy shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty. Redundancy shall not apply to casual employees or to persons engaged to complete a specific task or tasks.

 

Redundancy shall not apply where an employee advised of a pending redundancy elects to terminate his or her services prior to the date nominated by the employer.

 

Employees with less than 12 months' weekly service at the time of retrenchment are not entitled to a redundancy payment.

 

38.10    Legal Entitlements - All legal entitlements will be paid out, such as:

 

(a)        long service leave - after five years' service;

 

(b)        Annual leave and annual leave loading - as legally required in New South Wales.

 

38.11    Access to Company Facilities - The Company shall allow any employee who has been given notice, and subject to approval of his/her supervisor, reasonable access to the Company's facilities to contact prospective employers and arrange interviews.

 

38.12    Leaving Employment During Period of Notice - The Company shall permit the employee who has been given notice to leave employment during that period by giving one week's pay in lieu and still receive the redundancy payment prescribed by subclause 38.5 of this clause. In this situation, redundancy payments will be calculated up to and including the date of termination of employment.

 

39.  Jury Service

 

A weekly or part-time employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the weekly rate for the grade the employee concerned normally works. An employee shall notify the Company as soon as possible of the date upon which the employee is required for jury service. Further, the employee shall give the Company proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

40.  Agency Casuals

 

The Company shall endeavour to reduce or eliminate the use of agency casuals.

 

41.  Disputes Procedure

 

41.1      Should a dispute arise in the future at the works of the Company, the following procedure shall apply:

 

(a)        There shall not be a cessation of work, which includes the holding of a stop work meeting.

 

(b)        The dispute shall forthwith be submitted to the management by the union delegate.

 

(c)        The management shall discuss the dispute with the President or Secretary of the union or other official(s) designated by the union.

 

(d)        During the discussions, the status quo shall remain and work shall proceed normally. "Status quo" shall mean the situation existing immediately prior to the dispute or the matter-giving rise to the dispute.

 

(e)        Failing agreement, the dispute may be referred to the Industrial Relations Commission of New South Wales for determination.

 

41.2      In any event, products shall never be exposed to temperature deterioration.

 

41.3      Disciplinary Leave -

 

(a)        In lieu of dismissal for an action other than wilful misconduct, the Company and the employee's representative may agree to direct the employee concerned on disciplinary leave. Such leave shall be without pay and shall be for a period of not less than one working day and not more than 20 working days.

 

(b)        This option may only be exercised once in any 12-month period for an individual employee.

 

41.4      Disputes Procedure in Relation to Dismissals -

 

(a)        Both parties agree that in the event of a Company-initiated dismissal for misconduct (as per subclause 13.4 of clause 13, Termination) and the union considers the dismissal to be harsh, unreasonable or unjust, the union may make application to have the matter heard before the Industrial Relations Commission of New South Wales.

 

(b)        Whilst such application is being processed through the Commission the employee shall be suspended without pay. Should the employee and/or the union be successful in the application, then the Company undertakes to reimburse all wages lost by the employee during the suspension, subject to any other order the Commission may make.

 

(c)        In all other cases, except the dismissal of an employee, the provisions of subclauses 41.1, 41.2 and 41.3 shall apply.

 

41A.  Disciplinary Procedure

 

1           General

 

(a)        This disciplinary procedure is directed towards correcting and/or improving an employee’s conduct on occasions when that conduct is unacceptable and to ensure the employee is treated fairly during application of the procedure.

 

(b)        The Company disciplinary procedure consists of the following levels: -

 

Counselling - Informal Interview.

 

Level One - Formal Interview.

 

Level Two - Warning.

 

Level Three - Final Warning.

 

2           Level One - Formal Interview

 

(a)        Counselling

 

This step should be used to outline relevant Company policy and requirements, and to correct any employee misinterpretation.

 

Continued informal discussion will lead to a formal interview.  The need to progress to formal interview will lead to a formal interview. The need to progress to formal interview will be established by the Distribution Centre Manager and/or the Supervisor and will include consideration of the nature of the employee’s response to previous informal discussions.

 

(b)        Formal

 

This step requires a detailed discussions on an employee’s inappropriate conduct, and how the conduct is contrary to relevant Company policy and requirements (whether or not the employee is aware of the Company policy), any underlying reasons for the conduct and a participative commitment to correct and/or improve the area of concern. Formal interviews should be clearly seen and understood to have an assistance and educational function within the disciplinary procedure.

 

The procedure involves discussion of the following matters with the employee and documented on a standard Company form.

 

(i)         What is required of the employee?

 

(ii)        Where and how the employee’s conduct does not comply with relevant Company policy requirements.

 

(iii)       What is to be done by the employee to meet Company policy and requirements and appropriate steps which may assist the employee.

 

(iv)      The outcome of failure to meet Company policy and requirements.

 

3           Level Two - Formal Warning

 

Where an employee continues with appropriate conduct after the formal interview level, or engages in misconduct of a minor nature, the Distribution Centre Manager and/or the Supervisor shall investigate the matter and issue a formal warning in writing, indicating to the employee and documenting the following:

 

(a)        What is required of the employee?

 

(b)        Where and how the employee’s conduct does not comply with relevant Company policy and requirements (whether or not the employee is aware of the Company policy).

 

(c)        What is expected of the employee to meet Company rules and requirements and appropriate steps, which may assist the employee?

 

(d)        The outcome of failure to meet Company policy and requirements.

 

4           Level Three - Final Warning

 

(a)        A final warning will only be issued when the conduct persists and after the employee has received an informal interview and written warnings in accordance with subclause 41A.2(b) and 41A.3 respectively.

 

Where an employee fails to meet Company policy and requirements after these warnings, the Distribution Centre Manager and/or the Supervisor should issue a final warning. A final warning is the last step before an employee is dismissed and shall be in writing.

 

The procedure for final warning involves a review of the relevant disciplinary procedure to date or the misconduct and the offer to the employee of an opportunity to provide an explanation.

 

(b)        The written advice of final warning issued to the employees will contain the following information: -

 

(i)         A statement that this is a final warning

 

(ii)        Identification of the inappropriate conduct by the employee with reference to the relevant Company policy and requirements.

 

(iii)       A summary of the relevant disciplinary procedure to date.

 

(iv)      Detailing that a specific change is required in the employee’s conduct and failure to achieve this specific change will lead to dismissal.

 

5           Dismissal

 

Where an employee fails to meet the requirements clearly identified in the written advice of final warning, or engages in serious misconduct, the Distribution Centre Manager and/or the Supervisor should seek dismissal of the employee. Dismissal may take the form of dismissal with notice or it may be summary (instant) dismissal without notice.

 

6           Opportunity to Respond

 

At all stages of the disciplinary procedure, employees must be given an opportunity to explain their conduct or to respond to allegations made against them. Employees subject to disciplinary action must be given a detailed account of any allegations made against them in order that they can respond.

 

7           Level of Discipline

 

(a)        The levels of discipline outlined in the disciplinary procedure may or may not be administered in a sequential manner depending on the situation.

 

(b)        The level of discipline appropriate in any particular situation will depend on a number of factors including the seriousness of the conduct concerned, the circumstances in which such conduct occurs and any interviews/warnings, which are currently effective and relevant.

 

(c)        Many factors are involved in individual cases, and these must all be considered prior to instituting the level of the disciplinary procedure. Clause 41A.8 contains some general guidelines, which may help to indicate what level should be applied.

 

(d)        These guidelines are for the assistance of employees, Distribution Centre Managers and/or Supervisors and union delegates, and should not be taken to limit the instances or manner in which the disciplinary procedure may be administered. The examples provided are not exhaustive and should not be taken to be exhaustive.

 

(e)        The delegate must be informed at all times of any decision by the Company of its intention to discipline any employee, and must be in attendance at the initial interview with the employee at which time the employee can make a decision as to whether they require the delegate present or not.

 

8           The following areas of conduct may be addressed through informal discussions, formal interviews or formal warning depending upon the circumstances of each particular situation:

 

(a)        Level One - Formal Interviews

 

(i)         Absenteeism

 

(ii)        Malingering neglect of duty, inefficiency

 

(iii)       Misbehaviour, disobedience, abuse, insubordination

 

(iv)      Breach of Company

 

(v)       Or the like.

 

(b)        Levels Two and Three

 

(i)         As above, but considered to be more of a severe nature

(ii)        Discrimination

 

(iii)       Sexual Harassment

 

(c)        Instant Dismissal

 

Areas of conduct deemed to warrant immediate dismissal are in line with subclause 13.4 and Company policies.

 

9           Documentation

 

(a)        A written record of the application of all levels of the disciplinary procedure (except informal counselling) will be made on a prescribed form with the original placed on the employee’s personal file. A copy is also to be made available to the employee and any other parties present at the time of the procedure. Records of informal counselling will be made in the operational diary and will be signed by all attending parties.

 

10         Review

 

When an employee disagrees with a formal interview or a formal warning, a request to review the disciplinary action may be made by the employee or the delegate acting on behalf o the employee, to the next line of management. In the case of a final warning, a request for review may be made to the State Manager through the immediate Supervisor and/or Distribution centre.

 

11         Guidelines in the Administration of the Disciplinary Procedure

 

Whilst the effectiveness of any disciplinary procedure involves many factors, the following key points are highlighted as being particularly important.

 

(a)        Responsibility for administration of the disciplinary procedure belongs with an employee’s immediate supervisor and/or the Distribution centre Manager in consultation with a union delegate.

 

(b)        Administration of the disciplinary procedure depends on the union delegate and Distribution Centre Manager and/or supervisor’s clear understanding of company policies and requirements, and informing employees of these policies and requirements and a commitment to their consistent application.

 

(c)        The disciplinary procedure should be applied promptly and objectively, that is, focusing upon the conduct not the person involved.

 

(d)        Normal working relationships with the employee and Distribution centre Manager and/or Supervisor should be re-established once the disciplinary procedure is complete.

(e)        Disciplinary warnings for absenteeism will accumulate separately and will not be counted as current warnings when considering active warnings for behavioural or performance issues.

 

12         Any employee who has been given a written warning as prescribed by the Enterprise Award for absenteeism and absent themselves from work for which another warning is given, shall not be offered any overtime for the next 6 days. Such warnings will be given within 2 working days of the date of absenteeism.

 

13         The company reserves the right to review the Warning system. The company will undertake a review of the system over a three- month period and if it is found not to be working, further changes will be considered in consultation with the union.

 

42.  Workplace Delegates and Consultative Committee

 

An employee elected as a union representative shall, upon notification to the Company by the union, be recognised as the accredited union representative and shall be allowed necessary time during working hours to interview relevant Company representatives on matters affecting employees of the Company.

 

A Consultative Committee of employee and Company representatives shall be established for the purpose of providing a consultative mechanism in the workplace. The committee shall develop a constitution and shall continue to meet at regular intervals.

 

43.  Union Recognition and Membership

 

43.1      It is a policy of the Company that all of their employees be encouraged to join The Australasian Meat Industry Employees' Union, New South Wales Branch.

 

43.2      Accordingly, the Company undertakes to positively promote union membership at the point of recruitment by recommending that all employees join the union.

 

43.3      All employees shall be provided with an application form to join the union at the point of recruitment.

 

43.4      The Company undertakes, upon authorisation, to deduct membership dues as levied by the union, in accordance with its rules, from the pay of employees who are members of The Australasian Meat Industry Employees' Union. Such monies collected shall be forwarded to the union at the beginning of each month, together with all necessary information to enable the reconciliation and crediting of subscriptions to members' accounts.

 

44.  Right of Entry

 

Within the terms of the Industrial Relations Act 1996, an officer of the union duly authorised may enter the premises of the Company covered by this award. Provided that such officer shall not wilfully hamper or hinder the employees during their working time, and may interview employees or converse with them in any lunchtime or non-working time.

 

45.  Enterprise Arrangements

 

45.1      As part of an ongoing process for improvements in productivity and efficiency, discussion should take place at the enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultative mechanisms across the workplace for all employees. As part of this process, the Company shall arrange regular meetings of management and authorised representatives of the employees to discuss progress of the implementation of efficiency/productivity measures, and this forum shall be used to discuss and, where agreed, make adjustments in rates of pay for productivity gains or employees' increased costs of living.

 

45.2      The terms of any proposed genuine arrangement reached between the Company and employee(s) and the AMIEU shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

 

(a)        a majority of employees affected genuinely agree;

 

(b)        such arrangement is consistent with the current wage fixation principles; and

 

(c)        The terms of the arrangement are committed to writing, signed by the Company and the AMIEU, and lodged with the Industrial Registrar of the Industrial Relations Commission of New South Wales, and such document shall be treated as a part of the award and equally enforceable.

 

45.3      Such enterprise arrangements shall be processed as follows:

 

(a)        All employees will be provided with the prescriptions that currently apply.

 

(b)        Where an arrangement is agreed upon between the Company and the employees or their representative at an enterprise, such arrangement shall be committed to writing.

 

45.4      The arrangement shall be signed by the Company, or the employer's duly authorised representative, and a representative of the AMIEU.

 

45.5      A signed copy of the arrangement shall be forwarded to the Industrial Relations Commission within 14 days of its signing and shall be registered by the Commission.

 

45.6      Nothing shall preclude the parties to this award from agreeing to expand the scope of this award to cover other aspects of the Company's operations.

 

45A.  Prospect Site Arrangement

 

1           This clause applies only to employees employed by the Company at Coles carcass facility at Unit 9, 29 Stoddart Road, Prospect Cold Stores and does not extend to any of the Company’s other sites.

 

2           This clause shall not be used by any other employee as a bargaining tool to bring extra claims.

 

3           Employees required to commence work no earlier than 3.00am, which is prior to the voluntary span of hours set out under subclause 15.2(d), shall do so under the following arrangement:

 

(a)        Any work between 3.00am and 5.00am shall be paid at time and one half of the appropriate classification rate.

 

(b)        The remainder of the shift, until the agreed finishing time, shall be worked at ordinary time; to a maximum of eight hours from the agreed starting time.

 

(c)        Any overtime, before or after the agreed starting and finishing time of these hours, shall be paid at double time of the classification rate.

 

(d)        All weekend overtime shall continue to be paid as per subclause 19.2 and 19.3.

 

4           All paid leave, including rostered days off, public holidays, sick leave, family leave, bereavement leave, long service leave taken and any unfit worker’s compensation periods granted whilst working under these arrangements will have the ordinary hours paid as above.

 

5           Should any employee employed under this agreement have his/her start time changed back within the ordinary span of hours, these provisions will no longer apply.

 

6           The minimum rates of pay for employees employed at the Prospect site shall be set as set out in Table 3 - rates of Pay, of Part B, Monetary Rates.

 

7           This clause shall take effect on and from the 15 of June 1998 and remain in force thereafter until 1 September 2000

 

46.  Girraween North Warehouse Arrangement

 

A Part-time shift roster arrangement will be available in the Girraween North Warehouse under the following guidelines.

 

(a)        Part-time work will be offered for up to six hours per day, five days a week in lieu of casuals.

 

(b)        There will be a voluntary 5am start for all employees if required however; no employee can start later than 8am. (Cleaners are exempt).

 

(c)        This will have no impact on the permanent manning levels currently in place in the Girraween North Warehouse. However, if the workload decreases in the Girraween North warehouse manning levels will need to be reviewed and agreed by Management in consultation with the union.

(d)        If our Customer demands/requirements change thus increasing the workload, Part-time employees will be offered the first opportunity to take up any available Full-time positions.

 

(e)        All existing P&O Casuals employed, as at The 1st September 2000 will have preference in taking up any available part-time positions. If all else is equal preference will be given to those with seniority.

 

(f)         Management shall determine the number of part-time positions in consultation with the union.

 

47.  Renegotiation of Award

 

The parties to this award shall enter discussions at least three months prior to the expiry of this award for the purpose of renegotiation of the award. The parties shall not confine their discussions to wage rates, but shall review the operation of all aspects of the award and shall enter the negotiations with the intention of registering a replacement award on the expiry of this award.

 

48.  Leave Reserved

 

Leave is reserved to the parties in respect of clauses in this award dealing with the respective rights of permanent and casual employees rostered for overtime."

 

49.  No Extra Claims

 

It is a condition of this award that the parties undertake not to pursue any extra claims, award or over award (except where consistent with any decision of the Industrial Relations Commission of New South Wales) for the duration of this award.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay - From 1st September 2003

 

The minimum ordinary rates for permanent and part-time employees for each classification from 01/09/03 shall be as follows:

 

Grade

Definition

New Rate

Freezer

Rate +

Hourly

 

 

 

Allowance

Allow

Rate

 

 

$

$

$

$

1

General Operator

657.24

 

657.24

17.2958

2

Chiller Picker

669.74

 

669.74

17.6247

2A

Freezer Picker

669.74

46.74

716.48

18.8547

3

Forklift Driver

680.04

 

680.04

17.8958

3A

Freezer Forklift

680.04

46.74

726.78

19.1258

4

Multi-Operator

687.74

46.74

734.48

19.3284

5

Team Leader

768.19

46.74

814.93

21.4455

P1

P&O 1

696.74

46.74

743.48

19.5653

 

The minimum ordinary rates of pay for casual employees for each classification from 01/09/03 shall be as follows: Monday-Friday

 

Grade

Definition

New Rate

Freezer

Rate +

Hourly

 

 

 

Allowance

Allow

Rate

 

 

$

$

$

$

1

General Operator

651.74

 

803.82

21.1531

2

Chiller Picker

664.24

 

819.23

21.5587

2A

Freezer Picker

664.24

46.74

865.97

22.7887

3

Forklift Driver

674.54

 

831.94

21.8931

3A

Freezer Forklift

674.54

46.74

878.67

23.1231

4

Multi-Operator

682.24

46.74

888.17

23.3729

5

Team Leader

762.69

46.74

987.39

25.9840

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

The minimum ordinary rates of pay for permanent and part-time employees on a permanent seven-day roster from 01/09/03 will be as follows:

 

 

 

 

Freezer

Rate +

Hourly

Grade

Definition

New Rate

Allowance

Allow

Rate

 

 

$

$

$

$

1

General Operator

798.82

 

798.82

19.9705

2

Chiller Picker

814.61

 

814.61

20.3653

2A

Freezer Picker

814.61

59.04

873.65

21.8413

3

Forklift Driver

827.62

 

827.62

20.6905

3A

Freezer Forklift

827.62

59.04

886.66

22.1665

4

Multi-Operator

837.34

59.04

896.38

22.4095

5

Team Leader

938.25

59.04

997.29

24.9323

 

Table 1 - Rates of Pay - From 1st September 2004

 

The minimum ordinary rates for permanent and part-time employees for each classification from 01/09/04 shall be as follows:

 

 

 

 

Freezer

Rate +

Hourly

Grade

Definition

New Rate

Allowance

Allow

Rate

 

 

$

$

$

$

1

General Operator

685.49

 

685.49

18.0392

2

Chiller Picker

697.99

 

697.99

18.3682

2A

Freezer Picker

697.99

46.74

744.73

19.5982

3

Forklift Driver

708.29

 

708.29

18.6392

3A

Freezer Forklift

708.29

46.74

755.03

19.8692

4

Multi-Operator

715.99

46.74

762.73

20.0718

5

Team Leader

796.44

46.74

843.18

22.1889

P1

P&O 1

724.99

46.74

771.73

20.3087

 

The minimum ordinary rates of pay for casual employees for each classification from 01/09/04 shall be as follows: Monday-Friday

 

 

 

 

Freezer

Rate +

Hourly

Grade

Definition

New Rate

Allowance

Allow

Rate

 

 

$

$

$

$

1

General Operator

679.99

 

838.65

22.0697

2

Chiller Picker

692.49

 

854.07

22.4755

2A

Freezer Picker

692.49

46.74

900.81

23.7055

3

Forklift Driver

702.79

 

866.77

22.8097

3A

Freezer Forklift

702.79

46.74

913.51

24.0397

4

Multi-Operator

710.49

46.74

923.01

24.2897

5

Team Leader

790.94

46.74

1022.23

26.9008

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

The minimum ordinary rates of pay for permanent and part-time employees on a permanent seven-day roster from 01/09/04 will be as follows:

 

 

 

 

Freezer

Rate +

Hourly

Grade

Definition

New Rate

Allowance

Allow

Rate

 

 

$

$

$

$

1

General Operator

827.07

 

827.07

20.6768

2

Chiller Picker

842.86

 

842.86

21.0715

2A

Freezer Picker

842.86

59.04

901.90

22.5475

3

Forklift Driver

855.87

 

855.87

21.3968

3A

Freezer Forklift

855.87

59.04

914.91

22.8728

4

Multi-Operator

865.59

59.04

924.63

23.1158

5

Team Leader

966.50

59.04

1025.54

25.6385

 

Table 2 - Allowances

 

Item

Clause

 

Amount

No

No.

Brief Description

$

1

10.1

Freezer allowance:

 

 

 

18 degrees Celsius

0.82 per hour

 

 

Between -19 and -25 degrees Celsius

0.87 per hour

 

 

In excess of -25 degrees Celsius

1.23 per hour

2

10.2

Laundry allowance:

 

 

 

Overalls

3.07 per week

 

 

Freezer suits

1.87 per week

3

10.3

Battery change allowance

1.06 per day

4

10.4

Car allowance for authorised use of and 29 personal

0.82 per

 

 

vehicles between sites

kilometre

5

10.6

Technology Allowance

$1.00 per day to a

 

 

 

maximum of $5.00 p/wk

 

 

 

BACKMAN  J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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