AVON PRODUCTS PTY LIMITED (BROOKVALE) CONSENT AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(Nos. IRC 4670 and 5894 of 2004)
|
Before Commissioner
O'Neill
|
15 December 2004
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Parties
Bound
2. Relationship
to Parent Awards
3. Statement
of Intent
4. Consultative
Committee - History and Structure
5. Consultative
Committee Objectives
6. Probationary
Period of Employment
7. Incidental
Duties: Supervisors/Managers
8. Employees'
Rates Preserved
9. Wage
Increases
10. Payment of
Wage
11. Allowances
12. No Further
Claims
13. Classifications
and Structure
14. Competency
15. Training
16. Remuneration
for Competency
17. Vacancy to
Exist
18. Recruitment,
Selection and Promotion of Employees
19. Reasonable
Overtime
20. Flexibility
of Morning Tea and Lunch Breaks
21. Comfort
Breaks
22. Part-time
and Casual Employees
23. Sick Leave
24. State
Personal/Carer's Leave Case
24A. Bereavement
Leave
25. Rest Time
between Work Days
26. Changeover
Initiatives
27. Ancillary
Cleaning and Early Stock Retrieval in Shipping Area
28. Rotating
Day Off
29. Provisions
regarding Use of Sick and Annual Leave in conjunction with Rotating Day Off
30. Retraction
of Rotating Day Off (Nine-Day Fortnight)
31. End of
Week Early Finish
32. Duration
of Award
33. Grievance/Dispute
Settlement Procedure
34. Span of
Hours
35. Public
Holiday Allowance - Permanent Part-time Employees
36. Anti-Discrimination
37. Redundancy
38. Picnic Day
39. Staging
Option in Warehouse Inventory Method
40. Emergency
Services Leave
41. Union
Membership Fee Deduction
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances (Weekly)
Table 3 - Other Rates
and Allowances (Daily)
Table 4 - Public
Holiday Allowance - Permanent Part-time
Employees
Appendix I
Appendix II -
Clarification of Points System
1.
Parties Bound
The parties to this consent award are:
(a) Avon Products
Pty Limited (Brookvale) (hereinafter referred to as "the Company");
and
(b) the Shop,
Distributive and Allied Employees' Association, New South Wales (hereinafter
referred to as "the SDA" or "the Union").
It is agreed that any changes to the consent award shall be
by agreement between the above parties and the employees covered by this award.
2.
Relationship to Parent Awards
The Company and the Union agree that, in all issues relating
to conditions of employment, specific matters contained in this consent award
shall replace the appropriate provisions of either the Drug Factories (State)
Award published 26 August 1981, reprinted 16 May 1984 and further reprinted 8
November 1991 (265 I.G. 1356), as varied, or the Warehouse Employees Drug
(State) Award published 26 August 1981 and reprinted 24 January 1992 (267 I.G.
538), as varied. The Avon Products Pty
Limited (Brookvale) Consent Award 2001 (334 I.G. 1007), as varied, has now been
combined to form part of the Avon Products Pty Limited (Brookvale) Consent
Award 2004. Accordingly, in all other
matters which do not form part of this consent award, the provisions of the
said industrial awards continue to apply.
3.
Statement of Intent
The parties to this consent award, having formed the Avon
Products Pty Limited Consultative Committee in March 1994 and having already
implemented progressive changes to the working conditions and classification
structure, propose further amendments which will increase labour utilisation
whilst reducing labour cost.
Cumulatively, these have been created over time with a view
to maximising employees' knowledge, skills and experience, increasing
employees' job satisfaction, promoting team work, enhancing a culture of
productivity and positivity and subsequently increasing productivity, labour
usage and efficiencies in the subject areas and, as stated, reduce operational
cost.
4. Consultative Committee - History and
Structure
The Avon Products Pty Limited Consultative Committee was
originally formed in January 1994 and has continued, to date, to contribute to
the establishment of the 1994, 1996, 1998, 2001 and 2004 Avon Products Pty
Limited (Brookvale) Consent Awards.
Individual members of the Committee have changed over the years but this
has only occurred through either natural attrition (i.e. a committee member
leaving the Company) or through the Committee election process. Management Committee members are appointed
by the Company and are not subject to election. Union delegates also form part of the Committee and are not
subject to the Committee election process.
The current Consultative Committee received formal training, conducted
by an external consultancy, during July 2002.
The Committee comprises four appointed management
representatives, five elected employee representatives and three SDA delegates.
5.
Consultative Committee Objectives
The objectives of the committee are as follows:
to communicate as a group on a regular basis to achieve
mutual goals, specifically and in the first instance, a renewal of the Avon
Products Pty Limited (Brookvale) Consent Award 2001;
recommend initiatives that would promote productivity
and improvements in the workplace, reduce labour costs; and, accordingly
achieve a wage increase for employees based on 50 per
cent of agreed savings covered by this award;
lay a foundation for future initiatives in future
enterprise agreements/award.
In the spirit of this consultative process it is agreed that
the Union shall be sent copies of minutes from the Consultative Committee
meetings.
6.
Probationary Period of Employment
(a) For a period
of three months following the commencement in employment of a full-time
employee, the employee shall enter into a structured probationary period which
shall be monitored each month as to progress being made and productivity level
reached, with the employee being advised in writing of the progress being made,
together with any matters which may need to be improved.
(b) If
unsatisfactory progress is reported during both the first and second review
periods and in the case where appropriate corrective action has been taken and
progress remains unsatisfactory, termination shall follow with one week's
notice being given or payment in lieu thereof.
(c) Notwithstanding
the provisions of subclause (b) of this clause, the Company and the Union agree
that during the probationary period employment may be terminated by either
party with one week's notice or payment in lieu, without penalty.
7.
Incidental Duties:
Supervisors/Managers
It is agreed that the current conditions governing both
supervisors and managers working both on the line and in the warehouse be
retained, that is, when it is necessary for the purpose of testing, trialling,
fault diagnosis, self-training, staff training and like, the supervisor or
manager involved will not displace an employee whose job it would normally be
to carry out the function. Out-of-hours
testing, hardware and software installation and proving are not subject to
these conditions.
8.
Employees' Rates Preserved
Where an employee's current rate of pay exceeds the proposed
rate of pay applicable to that employee, the higher of the two rates shall
apply.
9.
Wage Increases
A wage increase of 12.5 per cent shall be paid to employees
over the nominal life of this award.
The increase shall also have application to allowances, including shift
allowances, but shall not apply to cost reimbursement allowances such as meal
and laundry allowances. The wage
increase shall be applied as follows:
(a) 4.5 per cent
from the first pay period to commence on or after the commencement of this
award;
(b) 4 per cent
from the first pay period to commence on or after 10 August 2005; and
(c) 4 per cent from
the first pay period to commence on or after 10 August 2006.
10.
Payment of Wage
It is agreed that the existing practice of paying all weekly
paid employees covered by this award each Wednesday for their preceding work
week (i.e. Monday to Sunday) will remain.
11.
Allowances
(i) Afternoon
Shift Allowance
The payment of the afternoon shift allowance is to be
amended to reflect its entitlement, pro rata, to the proportion of ordinary
afternoon shift hours which are actually worked by the employee.
In the case of a full-time permanent who works a
prescribed nine-day fortnight, payment of shift allowance will apply to all
ordinary hours worked on afternoon shift, plus the rotating day off which was
accrued whilst the employee was on afternoon shift, i.e. a permanent full-time
employee working afternoon shift will be paid their shift allowance on their
rotating day off where the employee would have otherwise worked an afternoon
shift or where the hours accrued for the rotating off were accrued on afternoon
shift.
Permanent part-time and casual employees who work only
part of a full afternoon shift will be paid a shift allowance pro rata to the
hours actually worked, e.g. an employee working only half the hours of a full
afternoon shift will be paid half the full shift allowance.
(ii) Training
Allowance - Shipping Department
Level 2T will be the primary trainers in the Shipping
and Warehouse/Merchandise Control and Transport Department.
Where a permanent Level 2T is absent from work and a
Level 2 employee is requested to relieve as a Level 2T, the Level 2T rate shall
apply.
Where a Level 2 employee is requested to remain at
Level 2T in addition to the existing Level 2T employees, the Level 2T pay rate
will remain for the period the employee performs the Level 2T function.
(iii) Shipping
Quality Development Allowance
This allowance is referred to in the Avon Products Pty
Limited (Brookvale) Consent Award 2001 is no longer valid. Duties relating to the Avon Global Quality
Task Force have ceased, therefore precluding any further requirement for this
allowance to be paid or documented in the schedule of allowances in this award.
(Note: This allowance has been included in the pay rate
of the employee previously involved in this function and will not be deducted.)
(iv) Forklift
Allowance
A forklift allowance is payable to employees who are
actively engaged in the operation of motorised forklift equipment. Only those employees who have a current
forklift driver's permit or licence and who have demonstrated to their
supervisor their proficiency with such equipment will be eligible for this
allowance.
(v) Meal Allowance
(a) A meal
allowance will be payable where an employee works in excess of one and a half
hours overtime after completing his/her ordinary hours of work and has been
given less than 24 hours notice of such overtime being required.
(b) In such
instances, where a 24 hours' notice of the requirement to work overtime has been
given and such requirement is then later withdrawn, a meal allowance shall be
supplied to the employee.
(c) A meal
allowance will not be payable where more than 24 hours' notice of overtime has
been given to employees. Such notice
may be either verbal or in writing.
12.
No Further Claims
For the 36-month life of this award, the Union undertakes
not to pursue any other claims unless they are in accordance with the State
Wage Case principles. Leave is reserved
to the parties to notify the Industrial Relations Commission of New South Wales
for the purpose of obtaining an interpretation of any State Wage Case decision.
13.
Classifications and Structure
The following classifications shall apply across the
operational areas of the Company's business, viz. Warehouse and Merchandise
Control; Materials Handling; Shipping and Transport:
(a) Warehouse and
Merchandise Control: Job Classification Structure
Functional Areas: Merchandise control; warehouse;
returned goods
Classification Levels
Probationary Level
Each new employee, whether casual or permanent, will
commence at the probationary level. The
probation period of employment is defined in clause 6, Probationary Period of
Employment.
After the three-month probationary period, and providing
that the employee has met the required competencies during this training
period, he/she will advance to a Level 1 status.
Level 1
A Level 1 employee may be required to perform duties
across the four areas of manufacturing and merchandise control related to the
Level 1 classification and shall be remunerated at the Level 1 rate regardless
of the area in which the work is performed.
Level 2
To qualify for Level 2, an employee must have completed
the appropriate training and met the required competencies. Recognition of achieving these competencies
will be provided by a "points" system as described in Appendices I
and II.
Where competencies have been met in each particular job
classification and level, an employee may, at any time, be required to perform
any duty at a lower level. At all
times, the employee shall be remunerated at the Level 2 rate.
Those relieving at Level 2 shall be remunerated at the
rate for time worked at that level.
Levels 2T, 3, 4 and 5
For an employee to obtain these levels, two factors
must exist:
(a) there must be
a vacancy;
(b) the employee
must have acquired the relevant competencies (i.e. reflected in the points
system) to perform the job level function.
Those relieving at Levels 2T, 3, 4 and 5 shall be
remunerated at that rate for time worked at that level.
Note: All employees performing forklift duties must
have either a current forklift permit or licence.
(b) Shipping
Probationary Level
Each new employee, whether casual or permanent, will commence
at the probationary level. The
probation period of employment is defined in clause 6, Probationary Period of
Employment.
After the three-month probationary period and providing
that the employee has met the required competencies during this training
period, he/she will advance to Level 1 status.
Level 1
A Level 1 employee may be required to perform any of
the four job functions related to the Level 1 classification and shall be
remunerated at the Level 1 rate regardless of the area in which the work is
performed.
Level 2
To qualify for Level 2, an employee must have completed
the appropriate training and met the required competencies relevant to the
Level 2 function.
All duties performed at Level 2 and below shall, for a
permanent Level 2 employee, be remunerated at the Level 2 rate. Those relieving at Level 2 shall be
remunerated at that rate for time worked at that level.
Level 2T
To qualify for Level 2T, an employee must have
completed and be proficient in all job functions in Levels 1 and 2 and also
have demonstrated proficiency in training.
Shipping Department employees must also be able to demonstrate
proficiency in the "floater" job function.
All duties performed at Level 2T and below, for a
permanent Level 2T employee, shall be remunerated at the Level 2T rate. Those relieving at Level 2T shall be
remunerated at that rate for the time worked at that level.
Level 3
To qualify for permanent or relief status at Level 3, an
employee must have completed the appropriate training and met the required
competencies relevant to the Level 3 function.
All duties performed at Level 3 and below shall, for a
permanent Level 3 employee, be remunerated at the Level 3 rate. Those relieving at Level 3 shall be
remunerated at that rate for time worked at that level.
Level 4
To qualify for permanent or relief status at Level 4,
an employee must have completed the appropriate training and met the required
competencies in all of the shipping (award-related) job functions.
An employee at this level may be requested to perform
any duty at any level for which he/she had been trained at the Level 4 rate of
pay.
(c) Transport
Probationary Level
Each new employee, whether casual or permanent, will
commence at probationary level. The
probationary period of employment is defined in clause 6, Probationary Period
of Employment.
After the three-month probationary period and providing
that the employee had been trained in and met the required competencies, he/she
will advance to a Level 1 status.
Level 1
A Level 1 employee may be required to perform duties
which encompass all facets of dock loading with the exclusion of job functions
specific to Level 2 and Level 3.
Level 2
To qualify for Level 2, an employee must have completed
the appropriate training and met the required competencies in forklift
operations and AWARES system familiarisation.
All employees performing forklift duties must have
either a current forklift permit or licence.
All duties performed at Level 2 and below shall, for a
permanent Level 2 employee, be remunerated at the Level 2 rate. Those relieving at Level 2 shall be
remunerated at that rate for time worked at that level.
Level 3
To qualify for permanent or relief status at Level 3,
an employee must have completed the appropriate training and met the required
competencies in dispatch clerical functions, freight reconciliation and data
entry.
All duties performed at Level 3 and below shall, for a
permanent Level 3 employee, be remunerated at the Level 3 rate. Those relieving at Level 3 shall be
remunerated at that rate for time worked at that level.
14.
Competency
An employee must, at all times, be either in training or be
competent in the specific job function in which he/she is performing or
relieving.
15.
Training
A training program will be available for those employees
wishing to "train-up" through the levels, providing they have
attained the required competencies at their current level. Assessment of the employee's competency will
be made by the employee's supervisor and a panel of the employee's peers.
An employee may only progress through the levels on a
"one level at a time" basis.
(i) Cross-training
This refers to the cross training within each specific
level which each employee would be expected to achieve to maintain their status
at the particular level.
It is agreed, therefore, that employees within each
specific level will not unreasonably refuse cross training in job functions
which are within their capabilities.
(ii) Pallet Repair
In the course of facilitating the transportation of the
Company’s products, pallets occasionally require repairs of a minor
nature. Such repairs require the use of
a nail gun or hammer to rejoin broken or detached pallets to a serviceable
condition.
All employees may be afforded the opportunity which the
employee may decline to be trained in Pallet Repair and, once trained to the
required level of competence and safety procedure, may repair pallets on an
as-required basis at their normal rate of pay.
Pallet repairs will generally be conducted during quiet times but are
subject to operational requirements.
(iii) J5-J7
Monitoring
This process entails a regular and systematic count of
stock that has been found to be damaged and thus rejected by the Order
Assembler. These items are then
reconciled to the J5/J7 account.
All employees from Level 1 and above may, where
practical and as appropriate, be given the opportunity to be trained which the
employee may decline in J5/J7 Monitoring and may be called upon to perform that
function on an as required basis at their normal rate of pay.
(iv) Perpetual
Count
This function requires the regular ‘counts’ of stock in
each bin location allowing the immediate and systematic reconciliation of stock
discrepancies.
All employees from Level 1 and above may, where
practical and as appropriate, be given the opportunity to be trained in
Perpetual Count and may be called upon to perform that function on an as
required basis. Where an employee at a
level lower than Level 2 performs Perpetual Count, they will be paid in
accordance with clause 26, Mixed Functions, of the parent award.
16.
Remuneration for Competency
An employee shall be remunerated for work performed at a
particular level only after that employee has met the prescribed criteria and
competencies necessary to be proficient at the level.
Employees will be remunerated at their current rate during
the training period in a higher-level job function.
17.
Vacancy to Exist
An employee may only be remunerated at a particular level
when:
(a) the employee
is appointed to the particular level on either a temporary or permanent basis;
or
(b) the employee
is relieving (as defined in the parent award) at the particular level.
18.
Recruitment, Selection and Promotion of Employees
As part of ongoing commitment to team involvement and development,
employees will be included in the recruitment, selection and promotion
processes and decision-making.
19.
Reasonable Overtime
(a)
(i) The Company
and the Union recognise that the requirement to work reasonable overtime as
requested shall be a condition of employment.
It is agreed that such reasonable overtime requirement shall be six
hours' overtime per week in other than changeover weeks and eight hours in
changeover weeks and during a stocktake week.
(ii) It is further
agreed that consideration be given to individual cases/circumstances at the
time of the request being made. In so
doing, permanent part-time employees who have had their ordinary hours extended
by more than the quantum of hours stated in paragraph (i) of this subclause, either
at overtime or ordinary time, shall be deemed to have met their obligation in
relation to the said paragraph (i). As
stated above, it is the spirit and intention of this provision to accommodate
employee’s circumstances on an individual basis and should not be applied to
the detriment of the Company’s business requirements.
(b) Overtime, when
required, will be distributed in a fair and equitable manner.
Where a requirement for overtime exists, in the first
instance the Company will ask permanent employees who normally perform this
function within the department.
Should there not be sufficient numbers of employees,
then the Company will ask casual employees who normally perform this function.
In the event of insufficient employees being
identified, then the Company will ask employees working in other departments
able to perform the work in question.
(c) Where overtime
in excess of one hour is to be worked, the provision for a tea break of 30
minutes shall be varied to allow for 10 minutes to be taken at the end of the
regular shift, prior to the commencement of overtime, and the balance of 20
minutes to be taken at the conclusion of the overtime worked.
(d) The Company
may require an employee to work reasonable overtime at overtime rates.
An employee may refuse to work overtime in
circumstances where the working of such overtime would result in the employee
working hours which are unreasonable.
For the purposes of what is unreasonable or otherwise,
this will be determined having regard
to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances, including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his/her
intention to refuse it; and
(v) any other
relevant matter.
20.
Flexibility of Morning Tea and Lunch Breaks
In an effort to maximise flexibility and productivity in
operations, employees will move or stagger meal and other breaks to eliminate
downtime created by such breaks. Lunch
breaks shall only be moveable between 11.00 a.m. and 2.00 p.m.
Work hours or staffing levels may be rescheduled to allow
the continuous running of the Shipping Lines during afternoon shift meal
breaks.
Should the Company consider it operationally desirable to
introduce this afternoon break structure, then an employee who commences their
shift at 12.15 p.m. and finishes at 8.35 p.m. will have a 10-minute break at
2.00 p.m., a 20-minute break at 3.40 p.m. and a 20-minute break at 6.00 p.m.
21.
Comfort Breaks
It is agreed to retain the same amount of allocated time for
"comfort breaks" as in previous consent awards, albeit the timing and
structure of such breaks have, as agreed, been changed to allow for the revised
(nine-day fortnight) hours/roster. It
is agreed, however, that flexibility in the timing of comfort breaks shall be
by mutual agreement.
The Union agrees to assist the Company by endorsing to their
members the requirement to return to work punctually at the conclusion of each
break and the minimisation of additional toilet visits.
The Company agrees to take bona fide, extenuating
circumstances into consideration when assessing matters relating to employee
punctuality.
22.
Part-time and Casual Employees
(i) Part-time and
casual employees may be employed.
Part-time employees shall be paid at an hourly rate of pay that shall be
at the rate of one thirty-eighth of the weekly wage of the appropriate
classification. Casual employees shall
be paid an hourly rate equal to the appropriate weekly rate divided by 38 plus
17 1/2 per cent calculated to the nearest half cent with a minimum payment on
any one day of four hours.
(ii) The parties recognise
the special role that part-time and casual employees play at Avon. Accordingly, it is agreed between the
parties to this award that the restrictions placed upon the employment of
part-time and casual employees contained in both the Drug Factories (State)
Award and the Warehouse Employees Drug (State) Award shall not apply to this
award.
Up to 35 per cent of the total hours worked in any
12-month period by operational employees at the Brookvale facility of Avon may
be to casual employees for work performed by them.
"Operational Employees" refers to all
employees working under the terms and conditions of this award in conjunction
with either the Drug Factories (State) Award or the Warehouse Employees Drug
(State) Award.
(iii) Persons the
Company seeks to engage as casual employees shall be listed by the Company on a
register called the casual reserve and shall remain there whilst active. Persons listed on the casual reserve shall,
depending on the level of business activity, be called upon for work on an
ongoing basis throughout the year.
Persons are placed on the casual reserve on the understanding that they
are prepared to work as required throughout the year.
(iv) It is agreed
that casual staff employed specifically for the fourth quarter business
increase would be taken on from the second week of September (assuming the
historical business trend), on the basis that no guarantee of employment would
be extended beyond 25 December of the year in question. It is, however, agreed that staff so employed
could be retained beyond 25 December to fill vacancies created by the
resignation of longer-term casual reserve employees.
(v) Permanent
part-time employees shall be considered as permanent employees with respect to
the 35 per cent casual hours ratio and shall be guaranteed a minimum of 20
hours' work per week. Where requested
by the employee, and agreed to by the Company, a permanent part-time employee's
hours may be reduced to less than 20 hours per week.
(vi) Permanent
part-time employees may be requested to work up to 37.5 hours per week, based
on a roster that will be published on the Thursday of the prior week. Consideration will be given to individual
cases/circumstances at the time the roster is published, provided that this
should not be applied to the detriment of Avon’s business requirements.
23.
Sick Leave
(a) Employees
shall be credited with 10 days' sick leave in respect of each year of service
(i.e. sick leave will be credited and accumulate on a daily rather than hourly
basis).
(b) Sick leave
shall be cumulative from year to year but shall not be paid out upon
termination or resignation of employment with the Company.
(c) In the event
of an employee being absent from work, the relevant supervisor must be notified
on the first day of absence prior to shift commencement on day shift; 11.00
a.m. if on permanent afternoon shift or 3.00 p.m. if the employee is on the
afternoon shift commencing at 4.00 p.m.
Such notification must continue to be made on each subsequent day of
absence in the event that a date for return to work has not been given to the
supervisor. The notification must also
include, as far as practicable, the nature of the injury or illness.
Medical certificates are to be produced immediately
upon return to work, prior to commencing work.
Such certificates are to cover the whole period for absence due to
sickness. The provision of a medical
certificate shall also be as described in clause 23, Sick Leave, of the parent
award.
(d) It is agreed
that uncommunicated absence will be viewed as grounds for concluding the
employee has abandoned his/her employment.
The Union will appraise such cases individually in order to determine
the level of support which it would give to its members, taking into account
bona fide, extenuating circumstances.
24. State
Personal/Carer's Leave Case
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (c)(ii) of this subclause who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement provided for in clause 23, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first-mentioned person who lives with the first-mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
'relative' means a person related by blood, marriage of
affinity;
'affinity' means a relationship that one spouse because
of marriage has to blood relatives of the other; and
'household' means a family group living in the same
domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in subparagraph (1)(c)(ii) of this clause
who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single-day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry date of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work 'make-up time', under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work 'make-up time'
(under which the employee takes time off ordinary hours and works those hours at
a later time), at the shift work rate which would have been applicable to the
hours taken off.
(6) Rotating Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rotating day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rotating days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rotating
days off for purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each Union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the Union(s) to participate in negotiations.
24A. Bereavement
Leave
(i) An employee,
other than a casual employee, shall be entitled to two days' bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of State Personal/Carer's Leave Case in subparagraph
(1)(c)(ii) of clause 24, State Personal/Carer's Leave Case, provided that, for
the purpose of bereavement leave, the employee need not have been responsible
for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(1), (2), (3), (4), (5) and (6) of the said clause 24. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operation requirement of the business.
25.
Rest Time between Work Days
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 of successive days.
An employee, other than a casual employee, who works so much
overtime between the termination of his/her ordinary work on one day and the
commencement of his/her ordinary work on the next day that he/she has not had
at least 10 consecutive hours off duty between those times shall, subject to
this subclause, be released after completion of such overtime until he/she has
had 10 consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
If, on the instruction of the Company, such an employee
resumes or continues work without having had 10 consecutive hours off duty,
he/she shall be paid at double rates until he/she is released from duty for
such period and he/she shall then be entitled to be absent until he/she has had
10 consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
26.
Changeover
Approximately every three weeks, the order assembly
line/station configuration is changed ("changeover") to reflect and
meet the requirements of Avon's sales campaigns.
With employee involvement, the payment of overtime to effect
changeover has been significantly reduced; similarly, the amount of hours
downtime has also been reduced.
It is agreed that the Company values the continuing
involvement of employees with both the fulfilment and the improvement of the
changeover process. Accordingly, there
will be a continued commitment by Avon and its employees to overtime and
downtime reduction and improvement in labour utilisation.
Order Assemblers at the Probationary or Level 1 pay rate who
are actively involved in the changeover process and who perform the duties
comparative to a Level 2 Bin Filler (i.e. moving boxes, products within Order
Assembler stations) shall be remunerated at Level 2 rate in the manner
prescribed as per clause 26, Mixed Functions, of the parent award.
27. Ancillary
Cleaning and Early Stock Retrieval in Shipping Area
Where stock, product items and other material have fallen
from order assembly stations, it is agreed that employees will make every
effort to retrieve, clean and replace such items to their original place during
the frequent opportunities which occur throughout the working day.
This initiative is implemented to reduce stock and product
wastage and also the quantity of these items which is unnecessarily recycled
through Avon's Returned Goods section.
All employees covered by this award have the responsibility
of ensuring this initiative is effected without the immediate direction of the
departmental supervisor.
28.
Rotating Day Off
Under the terms of this consent award, the ordinary hours of
a full-time permanent employee shall be structured to enable a day off work,
fortnightly, for every 75 hours worked within that period.
29.
Provisions regarding Use of Sick and Annual Leave in conjunction with
Rotating Day Off
An employee will be required to produce a medical
certificate if sick leave is taken on a working day before or after their
rotating day off. Approval of an
employee to take annual leave in conjunction with a rotating day off will be
dependent upon individual circumstances and the availability of coverage for
the employee requesting annual leave.
The substitution of a scheduled rotating day off with other
forms of leave (e.g. sick leave, annual leave) or swapping a scheduled rotating
day off with another permanent employee will not be permissible.
30.
Retraction of Rotating Day Off (Nine-Day Fortnight)
The provision of a rotating day off has been agreed to under
the terms of this award to enable greater usage of labour during ordinary hours
and to generally meet the needs of the Avon business.
If, however, this initiative fails to meet the business
needs or is contradictory to the efficient operation of the Warehouse,
Merchandise Control, Shipping, Transport and related areas of Avon, the Company
reserves the right to withdraw the nine-day fortnight, rotating day off roster
system without penalty. Any retraction
of this rotating day off roster system would only occur after consultation with
the employees and Union.
The retraction of this system will not impact upon the
payment of employees' wage increments indicated in this award, nor shall it be
included for payment of future increments.
31.
End of Week Early Finish
Under the terms of this consent award which prescribe the
restructuring of work hours, the practice of an early cessation of work on
Friday (2.45 p.m. for day shift and 7.05 p.m. for afternoon shift) shall be
discontinued.
32.
Duration of Award
This award rescinds and replaces Avon Products Pty Limited
(Brookvale) Consent Award 2001 published 5 July 2002 (334 I.G. 1007).
The changes made to the award pursuant to the Award Review
under section 19(6) of the Industrial Relations Act 1996 and Principle
26 of the Principles for Review of Awards made by the Industrial Relations
Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on
and from 20 December 2004 and shall remain in force thereafter up and until 10
August 2007.
33.
Grievance/Dispute Settlement Procedure
(a) This procedure
shall conform to the requirements of section 14 of the Industrial Relations
Act 1996 ("the Act").
(b) In conjunction
with subsection 14(3) of the Act, this procedure shall be implemented to:
(i) deal with any
question, dispute or difficulty arising from the interpretation, application or
operation of this award; or
(ii) deal with any
other dispute or difficulty arising between Avon Products Pty Ltd and its
employees of an industrial nature and shall aim to settle any such matter to the
satisfaction of both Avon Products Pty Ltd and its employees.
(c) The grievance
and dispute settlement procedure shall operate in the following manner:
(i) Work shall
continue without any industrial action or other sanctions during the operation
of the procedure. It is agreed that the
status quo of any grievance or matter in dispute shall remain until a final
resolution is reached. Such resolution
may, if necessary, be reached by arbitration.
(ii) The grievance
or difficulty in the first instance shall be discussed between the employee or
employees raising such matter with the immediate supervisor and shall aim to
settle any such matter to the satisfaction of both Avon Products Pty Limited
and its employees.
(iii) If the
discussions are unsuccessful at this stage, the matter may then be referred to
the appropriate Union delegate(s) for discussion with the supervisor and, if
these discussions are unsuccessful, discussions shall take place between the
delegate(s) and more senior management (which may include representatives from
the Human Resources Department).
(iv) The
discussions between the delegates and management may include, at the request of
the delegate(s), the accredited Union organiser.
(v) All parties to
a grievance or dispute reserve the right to involve senior Union official(s)
and for management such other personnel as desired. Should the matter remain unresolved at the conclusion of
paragraphs (ii), (iii) and (iv) of this subclause and provided both the Union
organiser and human resource representative have been involved in the process,
then the parties shall notify the Industrial Registrar of the existence of an
industrial dispute according to the provisions of the Act.
(d) While
reasonable time limits shall be allowed for the satisfactory resolution of the
matter under paragraphs (c)(ii), (iii) and (iv) of this clause, the matter
shall be dealt with as quickly as time will allow, based on the urgency of the
matter.
34.
Span of Hours
(a) Day Shift
The Company and the Union agree that the span of
ordinary working hours shall be between 6.00 a.m. and 6.00 p.m., Monday to
Friday inclusive.
Afternoon Shift
Afternoon shift shall mean a shift finishing after 6.00
p.m., but not later than midnight.
(b) The existing
arrangement will continue that, give at least one day's notice of the
requirement to work beyond the usual afternoon shift finish time, employees who
have worked less than the full quota of shift hours for one day will not be
entitled to overtime rates until such time as a full shift has been completed.
(c) Such
notification of forecast overtime should occur within one hour from the
commencement of their previous day's shift.
Where less than one day's notice is given, the practice
shall continue whereby casual and part-time employees performing work beyond
the usual finish time (8.35 p.m.) shall attract overtime penalty rates and,
where applicable, meal allowance payments.
35.
Public Holiday Allowance - Permanent Part-time Employees
In recognition of the flexible nature of the permanent
part-time employees' roster and the administrative difficulties involved in
calculating Public Holiday entitlements equitably amongst permanent part-time
employees, each permanent part-time employee shall receive a weekly Public
Holiday allowance as is set out in Table 4 - Public Holiday Allowance -
Permanent Part-time Employees, of Part B, Monetary Rates.
This allowance is to be paid weekly to each permanent
part-time employee regardless of hours or days worked. The allowance is also
payable when the permanent part-time employee is absent on approved leave.
The allowance is paid to permanent part-time employees only
and will be adjusted whenever the relevant rates of pay are increased.
36. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as carer.
(2) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977 it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
37. Redundancy
(1) Application
(i) In respect to
employer who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of subclause (4), Termination of
Employment.
(ii) Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity and
to take such steps as may be reasonable to facilitate the obtaining by the employees
of suitable alternative employment.
(iii) Notwithstanding
anything contained elsewhere in this award, this award shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty or, in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(2) Introduction
of Change
(i) Employer's
Duty to Notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the Union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
(ii) Employer's
Duty to Discuss Change
(a) The employer
shall discuss with the employees affected and the Union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) of this
subclause, the effects the changes are likely to have on employees and measures
to avert or mitigate the adverse effects of such changes on employees, and
shall give prompt consideration to matters raised by the employees and/or the
Union in relation to the changes.
(b) The discussion
shall commence as early as possible after a definite decision has been made by
the employer to make the changes referred to in paragraph (i) of this
subclause.
(c) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the Union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(3) Redundancy
Discussions before Termination
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
(i)(a) of subclause (2), Introduction of Change, and that decision may lead to
the termination of employment, the employer shall hold discussions with the
employees directly affected and with the Union to which they belong.
(b) The discussion
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of paragraph (a) of this
subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the Union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(4) Termination of
Employment
(i) Notice for
Changes in Production, Programme, Organisation or Structure
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from production,
organisation or structure, in accordance with subparagraph (i)(a) of subclause
(2), Introduction of Change:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
|
Period of continuous service
|
Period of notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to the
notice above, employees over 45 years of age at the time of the giving of the
notice with not less than two years' continuous service shall be entitled to an
additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
Technological Change
This paragraph sets out the notice provisions to be
applied to termination by the employer for reasons arising from
"technology" in accordance with subparagraph (i)(a) of subclause (2),
Introduction of Change.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part-payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944 or any Act amending or replacing either of
these Acts.
(iii) Time Off
during the Notice Period
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
Leaving during the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause to which the
employee would have been entitled had the employee remained with the employer
until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(v) Statement of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify Centrelink thereof as soon as possible, giving
relevant information, including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(vii) Centrelink
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
(viii) Transfer to
Lower-paid Duties
Where an employee is transferred to lower-paid duties for
reasons set out in paragraph (i) of subclause (2), Introduction of Change, the
employee shall be entitled to the same period of notice of transfer as the
employee would have been entitled to if the employee's employment had been
terminated, and the employer may, at the employer's option, make payment in
lieu thereof of an amount equal to the difference between the former
ordinary-time rate of pay and the new ordinary-time rates for the number of
weeks of notice still owing.
(5) Severance Pay
(i) Where an
employee is to be terminated pursuant to subclause (4), Termination of
Employment, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the following severance pay in respect
of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 years of
age entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an employee
is 45 years of age or over, the entitlement shall be in accordance with the
following scale:
|
Years of Service
|
45 years of age and
over entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
over-award payments, shift penalties and allowances paid in accordance with
this award.
(ii) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
paragraph (i) of this subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant and
the probable effect paying the amount of severance pay in the said paragraph
(i) will have on the employer.
(iii) Alternative Employment
Subject to an application by the employer and further
order of the Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in paragraph (i) if the employer obtains
acceptable alternative employment for an employee.
38. Picnic Day
It is agreed that, for the life of this award, in December
of each year, the Company will provide to employees a list of either two or
three dates from which the Picnic Day will be selected for the following year.
The Company will then conduct a secret ballot of employees
to determine which of the preliminary dates provided by the Company is to be
allocated as the Picnic Day. The Picnic
Day will be the date that achieves the greatest number of votes from employees
at the secret ballot.
39. Staging Option in
Warehouse Inventory Management System (WIMS)
In an effort to streamline the ordering of stock for the new
campaign and the issue of Free Merchandise Requests (FMRs), it is recognised
that, through the implementation of a WIMS Staging Option, greater efficiencies
in these areas could be achieved.
40. Emergency
Services Leave
As an award provision, the Company will provide Emergency
Services Leave to employees in accordance with its policy, as amended from time
to time.
41. Union Membership
Fee Deduction
(a) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(i) the employee
has authorised the employer to make such deductions in accordance with
subclause (b) of this clause;
(ii) the Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer’s workplace and any changes to that amount;
(iii) deduction of
Union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(iv) there shall be
no requirement to make deductions for casual employees with less than two
months’ service (continuous or otherwise).
(b) The employee’s
authorisation shall be in writing and shall authorise the deduction of an
amount of Union fees (including any variation in that fee effected in
accordance with the Union’s rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee’s consent
to do so. Such consent may form part of
the written authorisation.
(c) Monies so
deducted from employees’ pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer’s election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees’ membership accounts, provided that:
(i) Where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(ii) Where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(d) Where an
employee has already authorised the deduction of Union membership fees in
writing from his/her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(e) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly or monthly as the case may be.
The Union shall give the employer a minimum of two months’ notice of any
such change.
(f) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(g) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his/her membership of
the Union in accordance with the rules of the Union, the Union shall inform the
employee in writing of the need to revoke the authorisation to the employer in
order for payroll deductions of Union membership fees to cease.
PART B
MONETARY RATES
Table 1 - Wages
|
|
Existing
|
Proposed
Base
|
Plus
4%
|
Plus
4%
|
|
|
Base
|
incl.
4.5%
|
from
|
from
|
|
|
|
increase
from
|
10/08/05
|
10/08/06
|
|
|
|
Commencement
|
|
|
|
|
$
|
$
|
$
|
$
|
|
Probationary Level -
|
|
|
|
|
|
Warehouse, Manufacturing,
|
|
|
|
|
|
Merchandise Control,
|
|
|
|
|
|
Shipping and Transport
|
|
|
|
|
|
Departments
|
633.97
|
662.50
|
689.00
|
716.56
|
|
Level 1 includes -
|
|
|
|
|
|
Dockloader (Transport)
|
|
|
|
|
|
Warehouseperson
|
|
|
|
|
|
(Merchandise Control),
|
|
|
|
|
|
Janitor, Returned Goods
|
|
|
|
|
|
Operator, Vendor Support
|
|
|
|
|
|
Receivals, Warehouse
|
|
|
|
|
|
Receivals, Order Assembler
|
|
|
|
|
|
Pallet Repair, J5/J7 Monitor
|
659.33
|
689.00
|
716.55
|
745.22
|
|
Level 2 includes -
|
|
|
|
|
|
Warehouseperson/
|
|
|
|
|
|
Dockloader (Transport)
|
*713.71
|
*745.82
|
*775.66
|
*806.68
|
|
Warehouseperson/Binfiller
|
|
|
|
|
|
Returned Goods Inspector,
|
|
|
|
|
|
Warehouseperson (Vendor
|
|
|
|
|
|
Support), Experienced
|
|
|
|
|
|
Order Assembler (Double
|
|
|
|
|
|
Check), Perpetual Count
|
695.97
|
727.29
|
756.38
|
786.64
|
|
Level 2T - Floater/Trainer
|
715.16
|
747.34
|
777.23
|
808.32
|
|
Level 3 includes -
|
|
|
|
|
|
Transport Co-ordinator, Stock
|
|
|
|
|
|
Locator, Critical Stock,
|
|
|
|
|
|
Returned Goods Sen. Insp./
|
|
|
|
|
|
Forklift Operator Pre-Weigh,
|
|
|
|
|
|
Shipping Co-ordinator,
|
|
|
|
|
|
Raw Ingredient Support
|
|
|
|
|
|
Storeperson
|
749.27
|
782.98
|
814.30
|
846.87
|
|
Level 4 includes -
|
|
|
|
|
|
Leading Hand
|
|
|
|
|
|
(Warehouse Shipping)
|
790.41
|
825.98
|
859.01
|
893.37
|
|
Level 5 includes -
|
|
|
|
|
|
Leading Hand
|
|
|
|
|
|
(Warehouse Shipping)
|
829.92
|
867.27
|
901.96
|
938.04
|
|
Positions Exclusive to Level
|
|
|
|
|
|
Structure -
|
|
|
|
|
|
Incentives/Brochure Control
|
771.89
|
806.62
|
838.89
|
872.44
|
|
Warehouseperson/ Forklift
|
|
|
|
|
|
Operator/Facility Assistant
|
740.93
|
774.27
|
805.24
|
837.45
|
Note A: All employees currently earning more than the proposed
rate shall receive 50 per cent of the quantum increases stated herein until
such time as their rate is absorbed into the Level 1 rate. Alternatively, such employees may advance to
Level 2 providing the appropriate training and competencies have been met.
Note B: *Forklift Allowance applicable to this function and
is reflected in the relevant base rates described herein. See Table 2 for Forklift Allowance.
Table 2 - Other Rates and Allowances (Weekly)
|
|
Existing
|
4.5% increase
|
4% increase
|
4% increase
|
|
|
|
from
|
12 months from
|
24 months from
|
|
|
|
commencement
|
10/08/05
|
10/08/06
|
|
|
$
|
$
|
$
|
$
|
|
First-aid
|
16.09
|
16.82
|
17.49
|
18.19
|
|
Clerical
|
16.24
|
16.97
|
17.65
|
18.36
|
|
Forklift
|
17.74
|
18.54
|
19.28
|
20.05
|
Table 3 - Other Rates and Allowances
(Daily)
|
|
Existing
|
4.5% increase
|
4% increase
|
4% increase
|
|
|
|
from
|
12 months from
|
24 months from
|
|
|
|
commencement
|
10/08/05
|
10/08/06
|
|
|
$
|
$
|
$
|
$
|
|
Training
|
5.11
|
5.34
|
5.55
|
5.78
|
|
Afternoon Shift
|
17.61
|
18.41
|
19.14
|
19.91
|
Table 4 - Public Holiday Allowance - Permanent
Part-time Employees
|
|
Existing
|
4.5% increase
|
4% increase
|
4% increase
|
|
|
|
from
|
12 months from
|
24 months from
|
|
|
|
commencement
|
10/08/05
|
10/08/06
|
|
|
$
|
$
|
$
|
$
|
|
Probation
|
13.31
|
13.91
|
14.47
|
15.04
|
|
Level 1
|
13.84
|
14.47
|
15.05
|
15.65
|
|
Level 2
|
14.62
|
15.27
|
15.88
|
16.52
|
Appendix I
|
Probation Level
|
Materials Handling
|
Assembly
|
Transport
|
|
3 months Assessment
|
|
Level 1
|
Wh/Person 2
|
Receivals 2
|
RG Opener 1
|
Order/
|
Dockloader 2
|
|
|
|
|
|
Assembler
|
|
|
|
|
|
|
Packing
|
|
|
|
|
|
|
Assembly 3
|
|
|
|
|
|
|
Station
|
|
|
|
|
|
|
81/Order St 1
|
|
|
|
|
|
|
Set Table 1
|
|
|
Level 2
|
Bin Filling 2
|
Warehouse 2
|
RG Inspector 1
|
Exp
|
Dockloader 1
|
|
|
|
|
|
O/Assembler
|
|
|
|
|
|
|
Double Check 3
|
|
|
Level 2T
|
|
|
|
Order Desk
|
|
|
Level 3
|
Stock Locator
|
|
RG Sen.
|
Shipping
|
Transport
|
|
|
|
|
Inspector
|
Co- ordinator
|
Co- ordinator
|
|
|
|
|
|
|
Despatch
|
|
|
|
|
|
|
Clerk
|
|
|
|
|
|
|
Functions
|
|
|
|
|
|
|
Freight
|
|
|
|
|
|
|
Recon. and
|
|
|
|
|
|
|
Data Entry
|
|
Level 4
|
Lead Hand II
|
Lead Hand II
|
Lead Hand II
|
Lead Hand II
|
Dockloader 1
|
|
Level 5
|
Lead Hand
|
Lead Hand
|
Lead Hand
|
|
|
Note: Numbers denote "points" awarded for
successful accomplishment of each job function.
Appendix II
CLARIFICATION OF POINTS SYSTEM
Probation Level
Points System does not apply to this level.
Level 1
Level 1 is achieved after successful completion of three
months at probation level.
Level 2
This level requires the total achievement of six points from
the various areas of Materials Handling, Assembly and Transport.
Level 2T
This level requires the total achievement of six points from
the various areas of Materials Handling, Assembly and Transport.
A vacancy must exist at this level (either temporary or
permanent) for a qualified employee to progress to it.
Note: Where practicable and with a view to comprehensive
multi-skilling, employees should endeavour to gain their "points"
experience throughout the range of different jobs and functional areas.
B. W. O'NEILL, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.