COLES MYER LOGISTICS PTY LTD GOULBURN AND SOMERSBY D.C. CONSOLIDATED AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Coles Myer Ltd.

 

(No. IRC 7123 of 2004)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Basic Wage

2.         Parties

3.         Area, Incidence and Duration

4.         Criteria for Promotion

5.         Manning Levels

6.         Hours of Day Work

7.         Shift Work

8.         Definitions

9.         Wages

10.       Superannuation

11.       First Aid

12.       Flexible Workforce

13.       Payment of Wages

14.       Mixed Functions

15.       Overtime

16.       Meal Breaks and Rest Pauses

17.       Meal Hour Rates of Pay

18.       Meal Allowance

19.       Crib Time

20.       Holidays

21.       Sunday Work

22.       Annual Leave and Annual Leave Loading

23.       Long Service Leave

24.       Sick Leave

25.       Bereavement Leave

26.       Fares and Travelling Time

27.       Terms of Engagement

28.       General Conditions

29.       Union Delegates

30.       Settlement of Disputes

31.       Special Rate

32.       Jury Service

33.       Attendance at Repatriation Centres

34.       Right of Entry

35.       Basis of Award

36.       Formal Counselling Procedure

37.       Leave Reserved

38.       Transmission of Business

39.       Union Recognition and Membership

40.       Introduction of Change

41.       Agreement in Principle regarding Bonus Scheme

42.       Polo Shirts and Jumpers

43.       Entire Agreement

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

PART C

 

Rosters

 

PART D

 

Goulburn Site Agreement

Somersby Site Agreement

 

PART A

 

1.  Basic Wage

 

This award, in so far as it fixes rates of wages, is made by reference and in relation to the adult basic wage as set out in Part B, Monetary Rates.

 

The said basic wage may be varied by the Industrial Relations Commission of New South Wales under subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions, of the Industrial Relations Act 1996.

 

A reference in this award to the adult basic wage is to be read as a reference to the adult basic wage currently in force under the said clause 15.

 

2.  Parties

 

The parties to this award are the National Union of Workers, New South Wales Branch and Coles Myer Logistics Pty Limited.

 

3.  Area, Incidence and Duration

 

This award regulates in whole and exclusively the conditions of employment of all store persons employed by Coles Myer Logistics Pty Ltd at:

 

Goulburn DC, Ducks Lane Goulburn in the state of New South Wales;

 

Somersby DC, Lot 11 Kangoo Road Somersby in the state of New South Wales; and

 

Any other Distribution Centres operated by Coles Myer Logistics Pty Ltd in the regions in which the current Goulburn and Somersby Distribution Centres exist, being a 40 km radius of either the:

 

Goulburn DC, Ducks Lane Goulburn in the state of New South Wales; or the

 

Somersby DC, Lot 11 Kangoo Road Somersby in the state of New South Wales.

 

This award does not regulate terms and conditions of employment of the Distribution Centres covered by the following industrial instruments:

 

Smeaton Grange (NUW) Distribution Centre Enterprise Agreement 2003;

 

Huntingwood (NUW) Distribution Centre Enterprise Agreement 2003;

 

Regents Park Warehouse and Distribution Agreement 2003 - 2004.

 

The parties recognise that it is the Company’s intention to relocate the existing Goulburn and Somersby Distribution Centres covered by this award, within the regions that the current warehouses exist.  It is agreed by the parties to review the contents of the award prior to the re-location to the new sites referred to in this clause to ensure that the award will meet the operational requirements of the business at these sites.

 

It is agreed by the parties that, when the relocations occur and those premises are operated by Coles Myer Logistics Pty Ltd, the Company shall transfer employees covered by this award to the new premises.  The continuity of the service of the employee/s shall be deemed not to have been broken by reason of such relocation.

 

This award rescinds and replaces the Coles Myer Logistics Pty Ltd Goulburn and Somersby D.C. Consolidated Award 2002 published 14 February 2003 (338 I.G. 306).

 

This award commences from the beginning of the first pay period on or after 8 June 2004 and shall remain in force until 8 June 2006.

 

4.  Criteria for Promotion

 

A commitment has been provided from the Somersby delegates and the NUW that they will work with management to review the current criteria, with the intention of implementing the criteria for promotion used at Goulburn, subject to approval of the union members.  A process of education will occur at the Somersby site.

 

5.  Manning Levels

 

The level of manning on each shift, and in any given task, is determined by volumes at the sites.

 

6.  Hours of Day Work

 

The ordinary working hours of a full-time employee, exclusive of meal times, shall not exceed nine hours per day or more than 36 hours per week.  Such work shall be over not more than four days, Monday to Sunday, inclusive.  Such hours shall be worked between 6.00 a.m. and 6.00 p.m.  Times for starting and finishing for any day work employee, once having been fixed, shall not be altered without giving seven days' notice to the employee.  Provided that an earlier starting time than that provided in this clause may be introduced by mutual agreement between the employer and the employee.

 

Employees employed prior to the 2000 Award may volunteer to work Saturday(s) as part of their ordinary hours.  Any employees employed after 14 October 1993 may be required to work Saturday(s) as part of their ordinary hours.  Any employees employed after 3 August 1995 may be rostered to work Monday to Sunday and these rosters will be determined by Management.

 

Employees employed after 11 October 2004 can be engaged to work their ordinary hours over not more than five days, Monday to Sunday.

 

A day worker who works on a Saturday as part of their ordinary hours shall be paid a penalty of 60% in addition to the ordinary day's pay.

 

A day worker who works on a Sunday as part of their ordinary hours shall be paid a penalty of 100% in addition to the ordinary day's pay.

 

7.  Shift Work

 

(i)         Definitions

 

For the purpose of this clause:

 

"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before 1.00 a.m.

 

"Night Shift" means any shift finishing after 1.00 a.m. and at or before 7.30 a.m.

 

(ii)        Hours

 

The ordinary working hours shall not exceed nine hours per day or more than 36 hours per week, Monday to Sunday, inclusive.

 

(iii)       Full-time employees engaged prior to 11 October 2004 may not work more than four shifts in the week unless agreed by existing employee/s.  Employees engaged after 11 October 2004 may not work more than five shifts in the week.  Times for starting and finishing for an employee, once having been fixed, shall not be altered without giving seven days' notice to the employee.  Such ordinary hours shall be worked continuously except for a 30-minute break, which shall be counted as time worked.

 

(iv)       Saturday and Afternoon or Night Shift Allowances

 

(a)        All shift workers who work on a Saturday as part of their ordinary hours shall be paid a penalty of 60%, plus the appropriate shift allowance as expressed in this clause.

 

(b)        A shift worker whilst on afternoon shift shall be paid for such a shift an allowance of 17.5%t in addition to the ordinary rate provided for in clause 9, Wages.

 

(c)        A shift worker whilst on night shift shall be paid for such a shift an allowance of 27.5% in addition to the ordinary rate provided for in clause 9, Wages.

 

(d)        Shift work allowances shall not be decreased by virtue of a shift worker's absence from work on account of a public holiday or if absent on annual leave, accrued sick leave, bereavement leave or jury service.

 

(e)        Shift Workers - Casual Employees

 

Casual employees engaged on shift work shall be paid on an hourly basis equivalent to 1/36 of the appropriate weekly wage, plus the appropriate shift allowance, plus 15% loading, plus 1/12 holiday rate.

 

(f)         Shift Workers - Part-time Employees

 

Part-time employees engaged on shift work shall be paid on an hourly basis equivalent to 1/36 of the appropriate weekly wage, plus the appropriate shift allowance.

 

(v)        Overtime

 

(a)        Shift workers who work in excess of, or outside, the ordinary working hours prescribed by this award shall be paid at the rate of time and one half for the first two hours and double time thereafter.

 

(b)        Such overtime rates shall be paid in substitution for and not cumulative upon the shift allowances prescribed by paragraphs (iv)(b) and (iv)(c) of this clause, but do include the Saturday penalty.

 

(c)        Overtime worked on a Sunday will be paid at the rate of double time and one half.

 

Note

 

See subclause (vii) of clause 15, Overtime, for rest periods after overtime.

 

(vi)       Sundays and Holidays

 

Shift workers for all time worked on a Sunday or holiday shall be paid at the rate prescribed by clause 20, Holidays, and clause 21, Sunday Work, in lieu of the shift allowances prescribed in this clause.  Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate, provided that the time worked by an employee on a shift commencing between 11.00 p.m. and midnight on the day preceding a holiday and extending into a holiday shall be regarded as time worked on such holiday.  Where the major portion of a shift falls on a holiday, it shall be regarded as the holiday.

 

8.  Definitions

 

(i)         Full-time Employees

 

A full-time employee may be employed to work no more than 36 hours in a week on no more than four days in the week.  A full-time employee engaged after 11 October 2004 may be employed to work no more than 36 hours in a week on no more than five days in the week.

 

(ii)        Part-time Employees

 

A part-time employee may be employed to work a minimum of four hours and a maximum of nine hours per shift, with a minimum of 18 hours and a maximum of 32 hours per week to be worked.  No part-time employee may work for more than six shifts in the week.

 

On request and with the agreement of the employer, a part-time employee may reduce their minimum hours to no less than 12 hours per week.

 

Casual Employees

 

A casual employee may be employed to work a minimum of four hours and a maximum of nine hours per shift, with a maximum of 36 hours per week to be worked.  No casual employee may work for more than six shifts in the week.

 

(iii)       Limited Tenure Employees

 

A limited tenure employee may be employed as either a full-time employee or part-time employee.  The length of the limited tenure period shall not exceed 12 months and shall not be less than one month in duration.

 

(a)        Prior to the commencement of a period of limited tenure, the Company shall advise the employees in writing of the hours of work, the proposed weekly earnings and the commencing and termination dates of the period of limited tenure.

 

(b)        If a tenured employee is no longer required prior to the expiration of his or her tenure, that employee shall be paid as if he or she continued to work until the expiration of the tenure.

 

(c)        Notwithstanding subclauses (ii) and (iv) of this clause, limited tenure employment may be terminated by the Company in accordance with clause 27, Terms of Engagement, and clause 36, Formal Counselling Procedures.

 

(d)        Limited tenure employees shall be engaged for the purposes of replacing employees who are on annual leave, parental leave, long service leave, workers’ compensation, sick leave, leave without pay and any other form of authorised leave.

 

(e)        If a limited tenure employee is offered and accepts a permanent part-time or full-time position with four weeks of ceasing their period of limited tenure, then any sick leave accrued whilst employed as a limited tenure employee up to a maximum of 42 hours shall be credited to the employee when they commence the permanent part-time or full-time position.

 

(f)         Where an employee works a number of limited tenure periods in a 12 month-period, then they shall have any sick leave accrued whilst employed as a limited tenure credited to their next period of limited tenure within that 12 months period up to a maximum of 42 hours of sick leave.

 

(g)        Where a permanent part-time or full-time position is offered, an employee employed on limited tenure may apply for the position in accordance with the normal criteria.

 

Definitions of Grades

 

Grade 1

 

For the purposes of this award, a Grade 1 employee shall mean a person who performs work to the level of their training and:

 

(a)        is responsible for the quality of their own work (subject to instructions and direction);

 

(b)        works  in a  team  environment and/or  under  routine supervision;

 

(c)        undertakes duties in a safe and responsible manner;

 

(d)        exercises discretion within their level of skills and training;

 

(e)        possesses good interpersonal and communication skills;

 

(f)         indicative of the tasks which an employee at this level may be required to perform include the following:

 

general labouring and cleaning duties, e.g. removal of cardboard and plastic and sweeping floors;

 

order assembling, including picking stock;

 

operate all equipment for which no licence is required;

 

operation of Radio Frequency (RF) equipment.

 

(g)        may be required to assist in the development of probationary Grade 1 employees;

 

(h)        may be required to be trained for the purpose of operating materials-handling equipment which requires licensing/certification.

 

(i)         All new employees will be required to serve a maximum probationary period of three months. During this time each employee will be required to complete an induction program as required by the Company and will need to meet the performance requirements as outlined above.

 

Promotional Criteria:

 

Business needs as determined by vacancies;

 

Has performed a minimum of three months' service;

 

Has successfully completed the induction program;

 

Has satisfactorily acquired the skills outlined for a Grade 1 employee relevant to the business at this level;

Promotion to be appointed on seniority;

 

Regular attendance - any person who has a genuine illness will not be disadvantaged by this process;

 

Where an employee is promoted to Grade 2, they must hold, prior to being appointed, a licence/permit certifying them to operate all appropriate materials-handling equipment, e.g. forklift;

 

A person with seniority can be a Grade 3 or 4 without having to do Grade 2.

 

Grade 2

 

For the purposes of this award, Grade 2 shall mean an employee who has undertaken sufficient training so as to enable them to perform work within the scope of this level in addition to the work of lower grades and who has been appointed by the employer to perform such work on a continuous basis.  An employee at this level performs work to the level of their training and:

 

(a)        is appointed on seniority, taking into account the following factors;

 

(b)        is able to co-ordinate work in a team environment under general supervision;

 

(c)        is able to work from complex instructions and procedures;

 

(d)        is responsible for assuring the quality of their own work;

 

(e)        possesses sound interpersonal and communication skills;

 

(f)         is licensed and/or certified to operate all appropriate materials handling equipment, e.g. forklift;

 

(g)        may be required to assist in the training of employees of the same and the lower grade;

 

(h)        with satisfactory work levels taken into consideration.

 

Promotional Criteria:

 

Business needs as determined by vacancies;

 

Has successfully acquired the skills outlined for a Grade 2 employee relevant to the business at this level;

 

Regular attendance - Any person who has a genuine illness will not be disadvantaged by this process;

 

Promotion to be appointed on seniority.

 

Grade 3

 

For the purposes of this award, Grade 3 shall mean an employee who has undertaken sufficient training so as to enable them to perform within the scope of this level in addition to the work of lower grades and who has been appointed by the employer to perform such work on a continuous basis.  An employee appointed to this level performs work to the level of their training and:

 

(a)        is appointed on seniority, taking into account the following factors;

 

(b)        understands and is responsible for their own quality control;

 

(c)        possesses a sound level of interpersonal and communication skills;

 

(d)        has a sound working knowledge of all stores duties performed at levels below this grade, exercises discretion within the scope of this grade and has a good knowledge of the employer's product;

 

(e)        may perform work requiring minimal supervision, either individually or in a team environment;

 

(f)         must be competent to perform at least one of the following tasks/duties:

 

receiving;

 

despatching;

 

operation of keyboard (i.e. Woxing);

 

(g)        may be required to assist in the training of all grades of employees;

 

(h)        with satisfactory work levels being taken into consideration.

 

Promotional Criteria:

 

Business needs as determined by vacancies;

 

Regular attendance - any person who has a genuine illness will not be disadvantaged by this process;

 

Promotion to be appointed on seniority;

 

Has successfully acquired the skills outlined for a Grade 3 employee relevant to the business at this level.

 

Grade 4

 

For the purposes of this award, Grade 4 shall mean an employee who has undertaken sufficient training so as to enable them to perform work within the scope of this level in addition to the work of the lower grades and who has been appointed by the employer to perform such work on a continuous basis.  An employee at this level performs such work to the level of their training and:

 

(a)        is appointed on seniority, taking into account the following factors;

 

(b)        is competent and able to perform all of the following tasks:

 

receiving;

 

despatching;

 

operation of a keyboard (i.e. Woxing);

 

(c)        is able to co-ordinate work in a team environment under general supervision;

 

(d)        is able to perform inventory and stores control;

 

(e)        is multi-skilled and is able to perform all tasks as listed in (b) above;

 

(f)         may be required to assist in the training of all grades of employees;

 

(g)        with satisfactory work levels being taken into consideration.

 

Promotional Criteria:

 

Business needs as determined by vacancies;

 

Regular attendance - any person who has a genuine illness will not be disadvantaged by this process;

 

Sustained performance levels;

Meets agreed Company promotional criteria;

 

Appointed on merit and skill.  Seniority will also be taken into consideration.

 

Grade 5

 

For the purposes of this award, a person at this level shall mean an employee who may, at the request of the employer, complete a warehousing and distribution course at a T.A.F.E. college.  An employee who is appointed by the employer to this level is required to perform the following in addition to the work performed by other grades:

 

(a)        implement quality control techniques and procedures;

 

(b)        utilise highly developed  level of interpersonal and communication skills;

 

(c)        assist in the provision of on-the-job training;

 

(d)        in addition, may be responsible for the proper application and maintenance of appropriate occupational health and safety standards;

 

(e)        is accountable for performing the following tasks or a combination thereof:

 

performing multiple stores activities;

 

managing the information within the warehouses;

 

has a sound knowledge of the employer's operation and product;

 

is responsible for the implementation of routine maintenance of stores equipment and machinery;

 

understands and is responsible for their own work;

 

shall not become involved in planning annual leave rosters or rostered days off, except by consultation with the employer to ensure an orderly overview of work to be covered;

 

shall not become involved in disciplining employees for misbehaviour, absenteeism or performance;

 

shall give advice to the employer or other staff to assist with each of the above but only to the extent of ensuring good order and work flow;

 

shall not breach any confidence placed in them by fellow employees or the employer;

 

shall be able to work with his/her fellow colleagues and have a good working relationship with them.

 

Note

 

An allowance is paid to an employee appointed and performing work as a Grade 5.  This allowance is paid on the basis that it does not form part of an all-purpose rate of pay.  It is only paid for work actually performed.  This allowance does not apply when an employee is on annual leave, sick leave or any other form of leave.  The allowance is as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

Job Rotation

 

(i)         Employees shall be rotated within classification, i.e. forklift operators will be rotated across all forklift tasks.  It would be intended to rotate all operators on a daily or weekly basis.

 

(ii)        Order selectors will be rotated across all aspects of picking in accordance with the current Grade 1 classification.

 

(iii)       Where practicable, an employee will be issued with different picking tasks, in a different location to that which they had previously picked.

 

(iv)       Employees may be trained to perform higher duties and utilised when necessary.

 

9.  Wages

 

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

 

Averaged Earnings

 

The weekly rate of pay will be averaged over the roster cycle to include penalty rates for all ordinary hours worked, excluding Sunday.  Sunday is a stand-alone rate.  This amount will then become an all-purpose rate of pay.  In the event that agency casual staff are used, they will be paid the equivalent base rate of pay to casual employees in accordance with their classification in paragraph 7(iv)(e).

 

Training Allowance

 

Any employee responsible for providing training to staff will receive a daily training allowance as prescribed in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the appropriate weekly rate.  This allowance is a stand-alone allowance and will not be counted towards the all purpose rate of pay.

 

10.  Superannuation

 

Superannuation for employees employed under this award shall be governed by the provisions of the Superannuation Guarantee (Administration) Act 1992 (as amended) and the applicable regulations, provided that:

 

(a)        All superannuation entitlements shall be directed to the LUCRF Fund; and

 

(b)        The ability to opt in and out of the fund as provided within the Superannuation Guarantee (Administration) Act 1992 ( as amended) and the applicable regulations shall not apply.

 

11.  First Aid

 

(i)         The employer shall provide a properly equipped first-aid room with a fully maintained first-aid kit.

 

(ii)        Qualified first-aid personnel shall be available at all times work is being performed.

 

(iii)       A qualified first-aid attendant who is appointed to carry out the duties of a qualified first-aid attendant shall be paid an amount per week as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the appropriate weekly rate.

 

(iv)       In the absence of the regular first-aid person, a qualified relief person shall be provided and shall be paid the said additional allowance whilst engaged on such shift.

 

(v)        The allowance shall be payable for all purposes.

 

12.  Flexible Workforce

 

(i)         The flexible workforce will consist of casual employees, which will represent 20% of all full-time and part-time warehouse employees work hours, Monday to Sunday, during normal times during the year.  At peak times the ratio will be adjusted to meet the needs of the business after the local site delegates have been advised of the adjustment by site management.

 

(ii)        Any casual usage above 20% in a 12-month period is to be converted to permanent full-time or part-time hours with the following exceptions:

 

hours in weeks where promotional activities occur that are currently exempted from the ratio shall not be included in any calculation under this clause; or

 

a week in which any industrial action occurs is to be exempted from this calculation.

 

(iii)       Any dispute arising out of the operation of this clause shall be resolved by utilising the provisions of clause 30, Settlement of Disputes.

 

(iv)       The employer undertakes to conduct a quarterly review of the workforce to review the current utilisation of casual employees and where it is operationally appropriate part-time and full-time roles may become available.

 

13.  Payment of Wages

 

All employees shall be paid during working hours on a day not later than Thursday of each week.  All employees shall be paid by electronic funds transfer.  This does not include meal allowance.

 

14.  Mixed Functions

 

An employee employed for two hours or more per day or 10 hours or more per week for work other than that on which the employee regularly is employed and for which a higher rate of pay is provided herein shall receive such higher rate of pay for the whole day or the whole week, as the case may be, whilst so employed.  If employed for less than two hours on any day, the employee shall receive such higher rate of pay whilst so employed.

 

No employee shall suffer any reduction in wages if temporarily employed on work other than that on which they were regularly employed and for which a lower rate of pay is provided herein.

 

If an employee, during any continuous three-month period, works 50% or more of his/her shift in respect of work for which a higher rate of pay is prescribed, such an employee shall be regraded to the grade for which the higher rate of pay is prescribed.  This situation will be reviewed every three months in order to determine whether an employee qualifies to be regraded to a higher grade.

 

15.  Overtime

 

(i)         Overtime shall mean all time worked before the fixed starting time or after the fixed finishing time, Monday to Saturday, inclusive, or in excess of 36 hours per week.  Overtime shall be paid for at the rate of time and one half for the first two hours and at the rate of double time thereafter.

 

(ii)        Overtime worked on a Sunday shall be paid at the rate of double time and one half for all hours worked.

 

(iii)       A part-time employee who works in excess of their fixed rostered hours shall be paid at the rate of time and one half for the first two hours and at the rate of double time thereafter.

 

(iv)       The employer may require employees to work reasonable overtime to meet the needs of the industry.

 

(v)        An employee who works overtime on a leisure day must be paid for a minimum of four hours.

 

(vi)       If an employee works two hours or more prior to or after the commencement of a shift, they shall be entitled to a paid 10-minute tea break.

 

(vii)      Rest Periods after Overtime

 

When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work on successive days.

 

An employee who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary work on the next day that they have not had at least 10 consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If, on the instructions of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty, they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

This subclause shall not apply in respect to overtime worked on Sunday.

 

16.  Meal Breaks and Rest Pauses

 

(i)         Not less than 30 minutes nor more than one hour shall be allowed for lunch.  The time for the partaking thereof shall be fixed by the employer but, once having being fixed, shall not be altered without seven days' notice.

 

(ii)        An interval of not less than 30 minutes shall be allowed for tea.

 

(iii)       An employee required to work overtime on a public holiday, other than as provided in subclause (iv) of this clause, shall be allowed a paid crib break of 20 minutes for each completed five hours worked, the said five hours to be calculated from the time of each commencement of work.

 

(iv)       An employee required to work for a period of nine hours between the hours of 6.00 a.m. and 6.00 p.m. on a public holiday may be allowed the usual weekday lunch break and, in that case, the provisions of subclause (iii) of this clause shall not apply.

 

Provided that the employer and the employees may mutually agree to any variation of this clause to meet the circumstances of the work in hand.

 

The entitlements to a break will fall in line with the table set out below:

 

 

All employees employed under this award will finish work two minutes prior to the designated finishing time and be paid for such time.

 

A three-month trial will be conducted at Somersby on the change to the second rest break.  The employees at Somersby will decide whether the second break will be combined with the first break or moved to the end of the shift.  If moved to the end of the shift, the bell will sound at 3.15 p.m.  At the end of the trial employees will vote to determine if the trial will be implemented.

 

17.  Meal Hour Rates of Pay

 

(i)         Meal hours, if worked, shall be paid for at the rate of double time; provided that this rate shall not apply to the tea hour if work ceases within one hour after finishing time.

 

(ii)        Employees working any portion of the meal time shall be paid for 30 minutes if the period is less than 30 minutes and if over 30 minutes for the full meal time.

 

18.  Meal Allowance

 

(i)         An employee who works overtime on any weekday beyond one hour after the normal ceasing time shall be paid on such day an amount as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as a meal allowance.  Such payment shall be made prior to the commencement of the meal time on the day overtime is to be worked.  Should an employee be notified of the intention to work overtime and then not be called upon to do so, they shall be paid the amount specified in this subclause.

 

(ii)        Where a shift worker works overtime for more than one hour prior to the normal commencing time of their shift, they shall be paid the meal allowance specified in subclause (i) of this clause.

 

(iii)       A day worker who works overtime prior to 5.00 a.m. on any day shall be paid a breakfast allowance equal to the amount specified in subclause (i) of this clause.

 

(iv)       Should an employee undertake to work overtime nominated by the employer and then fail to work the full period of overtime so nominated, they shall forfeit the amount of the meal allowance from any moneys owing to them.  Provided that this subclause will not apply to a day worker who is no more than 10 minutes late to work the nominated period of overtime prior to their normal starting time, due to exceptional circumstances that are accepted by management as bona fide.

 

19.  Crib Time

 

Where work performed by a day worker is to continue after 9.00 p.m., a break of 30 minutes shall be allowed from 8.30 p.m. and such time shall be counted as time worked.

 

20.  Holidays

 

(i)         The following holidays or the days upon which they are observed shall be allowed to all full-time and part-time employees without deduction from their weekly pay:

 

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, the last Friday in August (Picnic Day), Queen's Birthday, Eight-hour Day, Christmas Day and Boxing Day, together with all other statutory and/or gazetted public holidays for the State.

 

(ii)        For time worked on a public holiday, other than Christmas Day and Good Friday, double ordinary rates shall be paid in addition to the employee's ordinary wage, with a minimum of four hours.  For time worked on Christmas Day and Good Friday, treble ordinary rates shall be paid in addition to the employee's ordinary wage, with a minimum of four hours.

 

(iii)       Where an employee is entitled to a leisure day and such leisure day falls on a public holiday prescribed in subclause (i) of this clause, they shall be entitled to one of the following:

 

(a)        time off in lieu, to be added to the employee's annual leave; or

 

(b)        by mutual agreement, another day off, with pay, may be allowed to the employee in the week prior to or the 10 weeks subsequent to, the public holiday occurring.

 

(c)        If an employee has their first two requests refused, they will receive their third request unless for operational reasons it would be unreasonable to do so.

 

Such arrangement described in paragraph (a) of this subclause shall not attract annual leave loading as per subclause (ii) of clause 22, Annual Leave and Annual Leave Loading, and must be by mutual agreement between the employee and employer, subject to the needs of the business.

 

Time off in lieu can be banked for up to six months and then taken either as a block of up to five days or as two separate blocks of time off by mutual agreement between the employee and the employer, subject to the needs of the business.

 

21.  Sunday Work

 

All ordinary hours worked on a Sunday shall be part of ordinary hours and shall be paid a penalty of 100% in addition to the ordinary day's pay.

 

All full-time and part-time employees may be required to work on a Sunday as part of ordinary hours.  All full-time and part-time employees who are employed by the Company as at 14 July 1995 may only be required to work on a Sunday by mutual agreement.

 

22.  Annual Leave and Annual Leave Loading

 

(i)         See Annual Holidays Act 1944.

 

(ii)        An employee at the time of entering upon a period of annual leave, in accordance with the said Act, shall be entitled to an additional payment in respect of the period of employment to which the said leave is referable, calculated on the basis of one week's wage or three hours' ordinary pay for each month, including shift allowances where appropriate.

 

(iii)       The provisions of subclause (ii) of this clause shall not apply where an employee elects to have time off in lieu added to their annual leave after a public holiday falls on a leisure day pursuant to paragraph (iii) (a) of clause 20, Holidays.

 

(iv)       The loading prescribed in subclause (ii) of this clause shall be paid on termination of employment where the annual leave that has become due to the employee is outstanding at the time of termination.

 

(v)        The provisions of subclause (iv) of this clause shall not apply where an employee is dismissed for misconduct, nor shall it apply to pro rata holiday pay paid on termination of employment.

 

(vi)       Employees may, in exceptional circumstances and in agreement with the employer, take annual leave in single days.

 

23.  Long Service Leave

 

See Long Service Leave Act 1955.

 

24.  Sick Leave

 

(a)        An employee who is unable to attend for duty during their ordinary working hours by reason of personal illness or incapacity, including incapacity resulting from injury within the Workers' Compensation Act 1987, not due to their own serious and wilful misconduct, shall be entitled to be paid at ordinary-time rates of pay for the time of such non-attendance.  Provided that they shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers' compensation.

 

(b)        The employee shall notify the Company of their inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the incapacity, prior to the commencement of their shift, unless there are unforseen circumstances.  Notwithstanding this, employees must notify the Company of their absence within two hours of the commencement of their shift.

 

(c)        All employees regardless of their roster are required to produce a medical certificate in each of the following circumstances, to justify payment for any period of absence under this subclause:

 

(i)         Two or more consecutive days absent in any year;

 

(ii)        After a leisure day and after a day that as a result of a swap becomes a leisure day for rosters 1 - 3 in Table 1 - Leisure Days, of Part C, Rosters, and before a leisure day and before a day that as a result of a swap becomes a leisure day for roster 4 in the said Table 1.

 

(iii)       If an employee has greater than 36 hours absent in any anniversary year for which they have not supplied medical certificates, with the exception of employees who are entitled to sick leave in terms of subclause (h) of this clause.

 

(iv)       Before or after a public holiday.

 

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

 

In the first year up to and including the fourth year of employment - 60 hours.

 

In the fifth year and thereafter - 72 hours.

 

(e)        The rights under subclause (d) of this clause accumulate from year to year.

 

(f)         No employee shall be retired on the grounds of ill-health until their accumulated sick leave credits have been exhausted.

 

(g)        For the purposes of this clause, continuous service shall be deemed not to have been broken by:

 

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

 

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.

 

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

 

Entitlements within this clause do not extend to an employee on their leisure day.

 

An employee with responsibilities in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use up to two days' sick leave per annum, non-cumulative, in order to care for such persons when they are ill.  The employee, if required, shall establish, by production of a medical certificate, the illness of the person concerned.

 

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

 

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

 

(ii)        the person concerned being either a member of the employee's immediate family or a member of the employee's household.

 

(iii)       The term "immediate family" incudes a spouse or de facto spouse, including same sex partners who live in the same household, and a child, parent, grandparent, grandchild, sibling or relative of the employee or spouse of the employee who lives in the same household.

 

(h)        For the purposes of this award, an employee who accrues sick leave from year to year will be entitled to take that period of accrued time (to a maximum of one years accrual) off on genuine illness without being required to provide a medical certificate except for circumstances as prescribed in paragraph (c)(iv) of this clause.

 

(i)         When alternative Sunday rosters are implemented, discussion will take place with the delegates to agree on which day following a day off will not be required to provide a medical certificate.

 

Provided that, where the Company has reasonable proof to suspect that an employee has abused their entitlements under this subclause, the employer and the union shall investigate and discuss the matter.

 

25.  Bereavement Leave

 

(i)         An employee shall, on the death of a wife, husband, father, mother, brother, sister, child, stepchild, grandchild, parent-in-law, brother-in-law, sister-in-law, foster parent, grandparent or grandparents-in-law, be entitled on notice to leave, including the day of the funeral of such relation, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in three ordinary days' work.

 

(ii)        In the case of attendance at a funeral of such relation outside Australia, such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in five ordinary days work.

 

(iii)       Proof of such death shall be furnished by the employee to the satisfaction of the employer, if they so request, together with proof of attendance in the case of a funeral outside Australia.

 

(iv)       Where the death of a relative named herein occurs outside Australia and the employee does not attend the funeral, the employee shall be entitled to one day only unless the employee can demonstrate to the employer that additional time up to a period of three days was justified.

 

(v)        Provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.

 

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

 

(vii)      Entitlements under this clause do not extend to an employee on their leisure day.

 

26.  Fares and Travelling Time

 

Employees temporarily transferred shall be reimbursed any extra fares or expenses involved, together with payment for all extra time spent travelling.

 

27.  Terms of Engagement

 

(i)         Except as to casual employees, employment shall be on a weekly basis.

 

(ii)        Employment of weekly employees during the first week of service shall be from day to day at the weekly rate, terminable by a day's notice on either side, but the employer shall indicate clearly to an employee at the time of engagement whether they are being engaged as a casual employee or as a weekly employee.

 

(iii)       Subject as provided for elsewhere in this award, employment shall be terminated by a week's notice on either side, given at any time during the week, or by the payment or forfeiture, as the case may be, of one week's wages.

 

(iv)       Notwithstanding any provisions of subclauses (i), (ii) and (iii) of this clause, the employer shall have the right to dismiss an employee, without notice, for misconduct or refusing duty.

 

28.  General Conditions

 

(i)         A first-aid kit shall be provided in each warehouse, at the employer's expense.

 

(ii)        Each employee on the termination of their engagement shall, on request, be given a statement in writing, signed by the employer or the manager, stating the position held by the employee and their length of service.

 

(iii)       Adequate waterproof clothing shall be supplied to all employees when working in the rain.

 

(iv)       Employees shall be provided with reasonable dining accommodation, locker change rooms, adequate washing and toilet facilities and a plentiful supply of hot water and refrigerated water for drinking.

 

(v)        Parental Leave - See Industrial Relations Act 1996.

 

(vi)       Workers' Compensation - See Workers' Compensation Act 1987.  Leisure days do not accrue whilst on workers' compensation.

 

(vii)      Those employees who are members of the State Emergency Service and/or Rural Fire Service who are genuinely required to provide their services will be reimbursed for time not worked at their ordinary award rate of pay.  Employees are required to provide proof of their attendance for reimbursement.

 

(viii)     It is the intention of the parties to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age, and responsibilities as a carer, provided that this clause does not create legal rights or obligations in addition to those imposed on the parties by the Anti-Discrimination Act 1977.

 

29.  Union Delegates

 

Where an employee is elected by fellow employees as a union delegate and their name is forwarded (in writing) by the union to the employer, the said union delegate shall be allowed, by the employer, such time as is necessary to interview the employer or employer representatives on matters affecting the employees whom the delegate represents.

 

Upon written request from the State Secretary of the NUW, the employer shall grant delegates six days paid leave per annum to attend to off site union business.  In the event that such union business involves a statewide union delegates meeting, no more than two delegates per shift will be entitled to the said paid leave.  Any further leave will have to be by mutual agreement.

 

Upon prior authorisation from the Human Resources Manager or Distribution Centre Manager, one delegate from each shift will be entitled to attend disputes heard at the Industrial Relations Commission except for the following situations:

 

unfair dismissals (no delegates)

 

matters limited to one shift (one delegate)

 

30.  Settlement of Disputes

 

Any dispute arising out of employment and/or the interpretation of this award shall be referred by the union delegate to the employer representative appointed for this purpose.

 

Failing settlement at this level between the employer and the union delegate on the job, the union delegate shall refer the dispute within 24 hours to the union organiser who will take up the matter with the employer.

 

All efforts shall be made by the employer and the union organiser to settle the matter but, failing settlement, the union organiser shall refer the dispute to the union Secretary and the employer shall refer the dispute to head office (Coles Myer Logistics) and the union Secretary shall take up the matter with head office.

 

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.

 

At any time either party shall have the right to notify the dispute to the Industrial Relations Commission of New South Wales.

 

31.  Special Rate

 

Dirty Work

 

An employee regularly engaged in the physical handling, sorting and attempted recovery of broken and damaged stock or engaged in the cleaning of toilet and canteen facilities shall be paid a dirty work allowance per week as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

An employee not regularly employed for such work shall be paid an allowance per hour as set out in Item 5 of Table 2 for each hour so employed on such work.

 

This special rate is a flat payment and shall not be taken into account when calculating any other payment to which the employee may be entitled, nor shall it be subject to wage indexation increases.

 

32.  Jury Service

 

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

 

(ii)        Entitlements within this clause do not extend to an employee on their leisure day.

 

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

 

(iv)       Where a day shift employee is called for jury service, they shall receive the difference between their normal earnings for that shift and the moneys paid to such employee for jury service.

 

(v)        A copy of the payment advice shall be given to the Shift Manager to enable pay adjustments.

 

(vi)       A day shift employee called for jury service is not required to commence work prior to attending jury service.  In the event that the employee is discharged from jury service, through the selection process, the employee shall attend work within 1.5 hours of being discharged.

 

(vii)      Where an afternoon shift employee is discharged from the jury, through the selection process, they shall report to work at their normal commencement time.  No afternoon shift employee shall leave their shift early or before the end of their normal shift to attend jury service the next day.

 

(viii)     Should an afternoon shift employee be selected on a jury for a day, they are not required to work the rostered shift on that day.

 

(ix)       Where a night shift employee is called for jury service, they shall not be required to attend work for the preceding rostered shift.  They shall be paid the difference between their normal earnings for this shift including allowances and moneys paid to such employee in respect of jury service.

 

(x)        Where an afternoon shift worker attends jury service and is not required to work the following shift, they shall receive the difference between their normal earnings for that shift, including any allowances that would normally be paid, and moneys paid to such employee in respect of jury service.

 

33.  Attendance at Repatriation Centres

 

(i)         Employees being ex-service personnel shall be allowed, as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment, provided that:

 

(a)        such lost time does not exceed four hours on each occasion;

 

(b)        payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Repatriation Department as a result of each such visit; and

 

(c)        the employee produces satisfactory evidence to the employer that the employee is so required to and subsequently does attend a repatriation centre.

 

(ii)        Entitlements within this clause do not extend to an employee on their leisure days.

 

34.  Right of Entry

 

Refer to Chapter 5, Part 7, of the Industrial Relations Act 1996.

 

35.  Basis of Award

 

(i)         This award is entered into by the employer and the union on the condition that:

 

(a)        Both parties accept and honour in full the terms of the award during its currency.

 

(b)        There will be no claims for alternations to any of the terms of the award prior to 8 June 2006.

 

The only exceptions to this would be if an obvious error or oversight was made and both parties mutually agreed to a variation, and the matter for which leave has been reserved pursuant to clause 37, Leave Reserved.

 

(c)        Both parties agree to commence discussions for the next agreement or award two months prior to the expiration of the duration of this award.

 

(d)        Both parties agree that the award was not entered into under duress.

 

(e)        Either party may raise the issue of redundancies, trade union training leave or Part D should the need arise during the life of this award.

 

(ii)        Neither this award nor any part thereof shall be used by the employer or the union as evidence or example before any court or tribunal in respect of proceedings by or against any other employer or union.

 

36.  Formal Counselling Procedure

 

All employees will be subject to the following procedure before termination of employment can take place:

 

(1)        Verbal warning.

 

(2)        Formal warning explaining reasons, with a union delegate present if so requested by the employee.

 

(3)        Final warning explaining reasons, with a union delegate present if so requested by the employee.

 

(4)        Dismissal explaining reasons, with a union delegate present if so requested by the employee.

 

However, in the case of a serious breach of Company policy and/or wilful misconduct, instant dismissal or a final written warning will apply.

 

37.  Leave Reserved

 

(i)         Both parties consent to the Industrial Relations Commission of New South Wales varying this award by a further award, upon application by the union, if the Commission determines that a clause should be inserted limiting the number of part-time employees who may be employed by the Company at the warehouses.

 

(ii)        The union has reserved its right to pursue a redundancy provision during the life of this award.

 

(iii)       The employer has reserved its right to pursue a revision of the current classification structure during the life of this award.

38.  Transmission of Business

 

Refer to the Head of Agreement registered in the Industrial Relations Commission of NSW.

 

39.  Union Recognition and Membership

 

(i)         For the purposes of this award, the Company recognises the National Union of Workers’ NSW Branch (NUW) as being the union that shall have exclusive representation of employees in related classifications who are covered by this award.  This exclusive representation will extend to all terms and conditions of employment, whether those terms and conditions are subject to this award or not.

 

(ii)        All employees shall be given an application form to join the National Union of Workers at the point of inductions.

 

(iii)       All new employees shall be introduced to the union delegate within the induction period.

 

(iv)       Where the written authority is provided by an employee, the employer will deduct union membership fees from such employee’s wages or salary and remit it, along with a schedule of such contributions, to the union at monthly intervals.

 

40.  Introduction of Change

 

(i)         Employer’s Duty to Notify

 

Where an employer has made a definite decision to introduce major changes that are likely to have significant effects on employees, the employer shall notify the employees and union officials who may be affected by the proposed changes.

 

(ii)        Employer’s Duty to Discuss Change

 

The employer shall discuss with the employees affected the introduction of the changes referred to on the subclause above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give consideration to matters raised by employees in relation to changes.

 

41.  Agreement in Principle regarding Bonus Scheme

 

The parties are committed to improve the performance of the sites and believes this will be best achieved with a co-operative team-based approach.

 

(i)         The parties agree in principle that the employer will introduce site-specific team-based bonus schemes applicable to the individual sites covering all employees in Grades 1 to 5 measuring across occupational health and safety, throughput, site integrity (pick error rate, shrinkage, service levels, crossed lines, etc.) and sick leave.

 

(ii)        Part-time employees will receive a pro rata bonus based on hours worked.

 

(iii)       Casual employees will be eligible for all measures, except sick leave, on a pro rata basis.

 

(iv)       Employees can receive bonus payments in terms of the bonus scheme, which will be paid at approximately six-month intervals.  Each such payment can be up to 4% of base annual remuneration (payments on or about December 2004, June 2005, December 2005 and June 2006 will be based on rates of pay applying at 30 April of that year).

 

(v)        Management and delegates will hold quarterly meetings to address operational issues in respect of the bonus scheme.

 

(vi)       The bonus scheme will be reviewed after one year.

 

(vii)      The employees reserve the right to not participate in the bonus scheme at any time during the life of the award by a majority vote.

 

42.  Polo Shirts and Jumpers

 

Employees may purchase Huntingwood/Smeaton Grange type polo shirts and jumpers at cost.  Polo shirts and Jumpers will be subsidised by $6.00 per shirt, to a maximum of three shirts per year.  Polo shirts and Jumpers will be replaced on a fair-wear-and-tear basis to a maximum of three shirts per year.

 

43.  Entire Agreement

 

This award supersedes all previous contracts, agreements and understandings in respect of the terms and conditions of employment of those covered by this award.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

 

Table 2 - Other Rates and Allowances

 

 

PART C

 

ROSTERS

 

Table 1 - Leisure days

 

 

W = Work day

 

L = Leisure day

 

N = Non working day

 

PART D

 

SITE AGREEMENT - GOULBURN

 

The following Site Agreement applies only to employees employed at the Goulburn Distribution Centre.

 

1.          Operators that receive a paid allowance to perform another function must perform that function.  Refusal to perform the function may lead to disciplinary procedures.  Refusal on three occasions will lead to the employee being removed from that function's roster.

 

2.          Permanent manning levels within the 4-in-6 and Monday-to-Friday roster groups will be monitored by mutual agreement between the parties.

 

3.          Continuance of customary practice of paid response allowance of Grade 3 functions.  This pertains to employees that perform Grade 3 duties, regardless of time spent doing the task, i.e. one hour to 36 hours per week.

 

4.          NUW delegates will be granted time in lieu for time spent at the DC performing union-related functions outside of normal rostered hours.  This extends to visits by NUW Organisers to the site and urgent business that cannot be addressed during normal rostered hours.  Both NUW delegates and management of CML will monitor the amount of allocated time on an ongoing basis.

 

5.          Disciplinary procedures of employees will commence within one week of the incident/infringement occurring in normal circumstances.  This may be extended in discussion with NUW delegates in cases where either employees/manager are absent due to circumstances, e.g. RDO, sick leave.

 

6.          Current manning levels of receiving (two checkers, one labeller) will be adjusted in line with changes in the business needs in consultation with NUW delegates.

 

7.          Picnic Day and public holiday entitlements will be allowed by mutual agreement between parties.  If CML management is unable to grant leave on two separate occasions; then the third request will be granted.

 

8.          If a Grade 4 is allocated to one function (despatch, receivals, office, forklift, Xlines, cleaning) at or before 0630 hours, then they remain in that position for the duration of the shift.  If a position becomes available during the shift, then an operator capable of doing that position on seniority (i.e. on rotation list) will be utilised in this position.  However, if a Grade 4 is picking, then they will be utilised first.

 

SITE AGREEMENT - SOMERSBY

 

The following Site Agreement applies only to employees employed at the Somersby Distribution Centre.  All references below to seniority or length of service, are to be read in conjunction with clause 4, Criteria for Promotion.

 

1.          Any employee that does not perform a full-time or relief position will be placed on the training roster, excluding staff who are only performing picking work.  The order of names on the roster will commence with employees with the greatest period of service to employees with the shortest period of service.  The roster will commence again from the start of each week.  A turn on the roster is recorded for any time 10.30 a.m. or for work performed on half of the shift.

 

2.          Subject to suitability and the need arising, each full-time employee will, in accordance with their length of service, be given the option of being trained on a forklift or cleaning.  Any employees trained on the forklift will be removed from the cage roster.  If an employee elects to remove their name off any trained position on the rolling roster referred to in point 1, then such an employee will have to wait until the rolling roster has gone through a full cycle, before they can be trained in another position.

3.          As the need arises, training will be ongoing, taking into account length of service as a factor in determining in what order employees will receive training.  The aim at the site is to have enough adequately trained staff to cover all areas of the operation.

 

4.          Employees on the cage roster will have each turn recorded and every effort will be made to even employees turns in the cage, subject to the operation of the rolling roster.

 

5.          When manning overtime shifts on public holidays, the allocation of employees to positions will be as follows: those persons holding permanent and relief positions will go to those positions, then Grade 4 employees and, from there, length of service will be the primary factor, including employees working in the cage.

 

6.          Each overtime shift that is offered will be recorded.  The equivalent in hours paid to the employee will be the figure recorded.  No hours will be recorded for employees on workers' compensation.  When a late call is made for employees to stay behind at the end of the shift to perform a function, only those that accept the offer will have their hours recorded.  Where late notice on the day of an overtime shift is provided, employees will have the option to accept and only those hours worked will be recorded.

 

7.          When all full-time employees are placed in other functions, then part-time employees can be used to fill any outstanding positions

 

8.          A casual storeperson shall be appointed to entry level permanent and limited tenure employment vacancies on the basis of seniority.

 

9.          All warnings will remain in force for a period of six months and after that time the warning will remain on file, but won't count towards dismissal or further disciplinary action.

 

10.        The union will be allowed to hold paid union meetings at the site subject to the approval of the DC Manager.

 

11.        Subject to their availability, casual storepersons will be offered work so as to ensure that all storeperson receive a fair and equal share of work offers.  Offers will be made first to the most senior casual storeperson on the list, then proceeding down the list.

 

12.        All permanent forklift drivers will be placed on the rolling roster at receiving.  This roster operates on seven days per week.

 

13.        For all employees on the Sunday roster who elect to take annual leave that includes a Sunday, an option will be provided to either take the Sunday off prior to the next pay week as four consecutive days or take the Sunday off in the same pay week.

 

14.        A union representative of both the day and the afternoon shift will be present at any EBA meeting. Overtime or time off in lieu will be offered.

 

15.        After a training period is completed for a new job, the trainee, by mutual agreement with the Company, may be decide that further training is required, prior to accepting the new position.  After accepting a new position, the employee cannot apply for any other position for a period of six months.

 

16.        By mutual agreement any accrued long service leave may be taken in three separate periods.

 

 

I. TABBAA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.