TIP TOP BAKERIES (FAIRFIELD) NUW AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by George Weston Foods Pty Limited trading as Tip Top Bakeries.

 

(No. IRC 110 of 2005)

 

 

AWARD

 

Clause No.          Subject Matter

 

PART A

 

1.         Definitions

2.         Contract of Employment

3.         Classifications

4.         Rates of Pay

5.         Allowances

6.         Hours of Work

7.         Overtime

8.         Meal Breaks

9.         Public Holidays

10.       Leave

10A     Personal/Carer’s Leave

11.        Occupational Superannuation

12.       Introduction of Change

13.       Disputes Procedure

14.       Consultative Committee

15.       Area, Incidence and Duration

16.       Rights of Union Members

17.       Anti-Discrimination

18.       Redundancy

19.       Renegotiation

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

PART A

 

1.  Definition

 

In this award:

 

"Full-time Employee" means a weekly employee engaged to work an average of 38 hours per week.

 

"Part-time Employee" means a weekly employee engaged to work on a standard roster of hours of less than 38 hours per week.

 

"Seasonal Employee" means a weekly employee paid by the hour and engaged for a varying number of hours each week to accommodate seasonal variations in production and sales requirements, with the ordinary hours of work not to exceed 38 hours per week.

 

"Casual Employee" means an employee paid by the hour and engaged and paid as such with the ordinary hours of work not to exceed 38 hours per week.

 

"Tradesperson" means a person who has completed an indentured course, relevant to his/her work area.

 

"Apprentice" means a person who has completed an indentured course, relevant to his/her work area.

 

"Leading Hand" means an employee appointed as such by the Company and who, while working under supervision, gives instruction to and/or is responsible for work done by other employees.

 

"Union" means the National Union of Workers, New South Wales Branch.

 

"Company" means George Weston Foods Limited trading as Allied Bakeries at 311 The Horsley Drive, Fairfield.

 

"Weekly Employee" means a full-time, part-time or seasonal employee.

 

2.  Contract of Employment

 

2.1        Employees shall be engaged on a full-time, part-time, seasonal or casual basis.

 

2.2        Subject to subclauses 2.4 and 2.6 of this clause, the employment of full-time, part-time and seasonal employees may be terminated during the first three months, probationary period, of employment by one day’s notice on either side and after three months completed employment by one week’s notice given on either side at any time during the week, or by the payment or forfeiture, as the case may be, or wages for the required period of notice.  Casual employees shall be employed on an hourly basis.  Casuals who have worked in the area on a regular basis for three months or more and are appointed to a seasonal or permanent employee shall be exempt from the three months' probationary period.

 

2.3        The Company 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 employment and classification of, or the type of work performed by, the employee.

 

2.4        Nothing in this award shall affect the right of the Company to dismiss any employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct.  Payment for outstanding monies will be made available to the employee at the time of termination; if this is impracticable due to weekend work, then it will be made available on the next working day or the earliest possible time.

 

2.5        An employee not attending for duty shall lose pay for the actual time of such non-attendance, except where such non-attendance is subject to clause 10, Leave, or clause 9, Public Holidays.

 

2.6        Subject to the said clauses 9 and 10, an employee who is absent without permission from work for a continuous period of three days without reasonable cause shall be deemed to have abandoned employment.  Termination of employment by abandonment in accordance with this subclause shall operate from the day of the last attendance at work or the last day’s absence in respect of which consent was granted, whichever is the later.

 

2.7        Employees are responsible for the care and safekeeping of all issues to them and will return each article to the Company on request or on termination of employment.

 

2.8        Employees shall perform such work as the Company shall reasonably require.  The employees shall work reasonable overtime, day work and shift work as provided by the terms of this award

 

This clause shall not affect the right of the Company to stand down any employee without pay for any day or part of a day during which an employee cannot be usefully employed because of any industrial action or any cause for which the Company cannot be held responsible.

2.9        Part-time Employees

 

(a)        Subject to this subclause, the provisions of this award shall apply to part-time employees.

 

(b)        Part-time employees are entitled to annual leave, long service leave, bereavement leave and jury service in accordance with clause 10, Leave.

 

(c)        Part-time employees are entitled to sick leave in accordance with paragraph 10.2(c) of the said clause 10, in the proportion their ordinary hours bear to working 38 hours per week.

 

(d)        Part-time employees, when on leave in accordance with the said clause 10 and for public holidays in accordance with the said clause 9, shall, subject to leave entitlement, be paid the hours for each day of absence included in their roster.

 

2.10      Seasonal Employees

 

(a)        Subject to this subclause, the provisions of this award shall apply to seasonal employees.

 

(b)        Seasonal employees shall accrue annual leave, long service leave and sick leave in the proportion their ordinary hours worked bear to working 38 hours per week and are entitled to leave provisions of clause 10, Leave.

 

(c)        Seasonal employees, when on leave in accordance with the said clause 10 and for public holidays in accordance with clause 9, Public Holidays, shall, subject to leave entitlement, be paid the hours for each day of absence included in their roster.

 

(d)        The engagement of a seasonal employee shall be deemed to be continuous, notwithstanding any periods where the employee is neither on leave nor at work, except if the employee is formally advised in writing of termination by the Company or confirmation of resignation or termination by the employee.  Periods where the employee is neither on leave nor at work will not count for purposes of accrual of leave entitlements.

 

(e)        The insertion of seasonal employee provisions in this award arises from a desire of the Company, employees and Union to promote effective, flexible, permanent employment arrangements, in place of casual employment.  The parties will, every three months, review, through the Consultative Committee, the effectiveness of the provision included, with particular reference to the minimum hours worked on a daily and weekly basis, the continuity of work available on a weekly basis, and seasonality and variation of the hours involved.

 

(f)         Seasonal employees shall be entitled to the parental leave provisions as set out in the Industrial Relations Act 1996.

 

2.11      Hygiene

 

(a)        Food and drink may only be consumed in areas designated by the Company.

 

(b)        Jewellery shall not be worn in any area of production with the exception of plain band ring and sleepers for pierced ears.

 

(c)        Appropriate clothing including head cover must be worn at all times.

 

(d)        Smoking is not permitted within buildings (including covered loading docks) or Company vehicles.

 

2.12      Training

 

To facilitate multi-skilling it will be necessary, from time to time, for employees to train other employees on the job.  Such teaching will not change the classification or the rate of pay of the teacher unless a formal Company-based qualification as a trainer has been obtained.

2.13      Movement of Employees

 

An employee will, at the request of his/her supervisor, be required to perform any duties within his/her range of skills or abilities and in any area, section or department requiring those skills, including work within a lower classification.  During such a transfer, the conditions of work, e.g. hours and breaks, applicable within the new area, section or department will apply.  This provision shall not affect the requirement for an employee to work no more than five hours without a meal break.

 

2.14      Cleaning

 

An employee will maintain his/her equipment and work area in a clean and tidy condition as per Company standard.

3.  Classification

 

Level 1

 

An employee of Level 1 undertakes, for a period of up to three months, induction training which may include instruction on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, food industry hygiene, equal employment opportunity and quality control assurance.

 

General Description

 

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

 

(1)        performs general labouring cleaning duties, including tidying of work area, stacking crates, removing rubbish, etc.;

 

(2)        exercises minimal judgment;

 

(3)        works under direct supervision;

 

(4)        maintains sanitation/hygiene of the work area;

 

(5)        demonstrates good housekeeping procedures;

 

(6)        undertakes structured training so as to enable him/her to progress to higher levels.

 

Level 2

 

An employee on Level 2 has completed structured training so as to enable the employee to perform work within the scope of this level.

 

General Description

 

An employee at this level performs work above and beyond the skills of a Level 1 employee and, to the level of his/her training:

 

(1)        works under routine supervision or instruction, either individually or in a team environment;

 

(2)        understands and undertakes basic quality control assurance procedures including the ability to recognise basic quality deviations/faults;

 

(3)        reads instructions, records activities and utilises basic statistical control procedures.

 

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

 

repetition work on automatic, semi-automatic or single purpose machines or equivalent;

 

use of selected hand tools;

 

keeping of simple records;

 

use of hand trolleys and pallet trucks;

 

assistance in the provision of on-the-job training;

 

routine repetitive tasks;

 

basic customer service and liaison;

 

maintenance of sanitation/hygiene of work area;

 

awareness of hygiene and importance of microbiological containment;

 

basic keyboard skills (employees who are employed under the award as at June 1999, who do not currently have keyboarding skills, will not be penalised and, if this skill is required, they will be given the opportunity for the appropriate training for the position).

 

Production Strand

 

A Level 2 production employee must be capable of the following:

 

performing general product handling, labouring and cleaning duties; and

 

monitoring line operation at a work station for quality and consistency.

 

Packaging Strand

 

A Level 2 packaging employee must be capable of the following:

 

maintaining sanitation of area;

 

loading baskets or cartons;

 

stacking pallets;

 

operating wrapping, bagging, packaging machine or thurn ties;

 

identifying correct wrap (film) bags or packets;

 

knowing correct product varieties;

 

monitoring quality of both product and packaging; and

 

following orders and production runs.

 

Level 3

 

An employee on Level 3 has a general knowledge of the Company’s operations as it relates to producing or packaging processes.  Such an employee shall be trained and capable of operating flexibly on more than one workstation.

 

General Description

 

A Level 3 employee performs work above and beyond the skills of an employee at Level 2 and, to the level of his/her training:

 

(1)        is responsible for the quality of his/her own work subject to routine supervision;

 

(2)        works under routine supervision either individually or in a team environment;

 

(3)        exercises discretion within his/her level of skills and training;

 

(4)        is trained to operate machinery and equipment required in the performance of his/her work.

 

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

 

relieving despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which goods are ordinarily sold), delivering, documenting and recording of goods, materials and components;

 

basic inventory control in the context of a production process;

 

basic keyboard skills;

 

boiler attendant;

 

operation of mobile equipment including forklifts, overhead cranes and which operation;

 

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

 

assistance in the provision of on-the-job training.

 

Production Strand

 

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

 

understanding the milling operation;

 

operating affiliated machinery (Budpak); and

 

understanding the depositors and how to operate and adjust.

 

Packaging Strand

 

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

 

understanding the penny packers and operating wrappers;

 

operating affiliated equipment (thurn ties, baggers);

 

understanding the Redetron and Betti packager; and

 

operating bulk bag sewing equipment.

 

Level 4

 

An employee on Level 4 is an employee who holds an appropriate trades certificate, or an employee of equivalent standing, who has a sound knowledge of the Company’s operation as it relates to production, packaging or sales processes.  Such and employee shall be trained and capable of operating flexibly on more than one workstation under limited supervision.

General Description

 

Indicative tasks performed at this level are:

 

(1)        machine setting, loading and operations and more than one machine;

 

(2)        basic quality checks on work of others;

 

(3)        lubrication of machinery and equipment;

 

(4)        assistance in the provision of on-the-job training;

 

(5)        recognition and identification of quality faults, or machine operation faults, rejection of sub-standard products;

 

(6)        exercise keyboard skills.

 

Production Strand

 

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

 

recognising and weighing ingredients;

 

monitoring batter quality and adjusting accordingly;

 

monitoring crumb quality (colour and moisture) and adjusting accordingly; and

 

understanding the cooking process and operating machinery.

 

Packaging Strand

 

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

 

responsibility for make up and assembly of orders;

 

checking orders;

 

despatching deliveries; and

 

receiving and checking returns.

 

Level 5

 

An employee on Level 5 is required to exercise skills and knowledge above and beyond an employee at Level 4 and to the level of his/her training.

 

General Description

 

Indicative tasks performed at this level are:

 

understand and apply quality control techniques;

 

exercise good interpersonal communication skills;

 

exercise keyboard skills;

 

exercise discretion within the scope of this grade;

 

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

perform work which, while primarily involving the skills of the employee's training, incidental or peripheral to the primary task and facilitate the completion of the whole tasks, such incidental or peripheral work would not require additional formal technical training;

 

be able to inspect products and/or materials for the conformity with established operational standards;

 

be able to evaluate, analyse and recommend changes to work station problems and procedures;

 

within the production strand a Level 5 employee has a high understanding of cooking technology and practice, including recipe interpretation and mixing processes and is capable of operating flexibly throughout the production area; and

 

sound knowledge and understanding of HACCP, ISO 9000 AND OH&S requirements and regulations.

 

Level 6

 

An employee of Level 6, who may hold a trade certificate, may be responsible for task allocation, work scheduling within a plan, training staff, work performance assessment of staff and recommendations for engagement, termination or promotion of staff.

 

Such an employee exercises skills, knowledge and discretion above and beyond a Level 5 employee, and to the level of his/her training.

 

General Description

 

Indicative tasks performed at this level are:

 

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

 

provides guidance and assistance as part of a work team;

 

exercises discretion within the scope of this level;

 

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

 

understands and implements quality control techniques;

 

exercises keyboard skills; and

 

sound knowledge and understanding of HACCP, ISO 9000 and OH&S requirements and regulations.

 

Production Strand

 

A Level 6 production employee must be responsible for any operational section; the employees of this level must be completely competent with all machinery, equipment and systems relating to this operational section (i.e. equal standard to each operator).

 

4.  Rates of Pay

 

4.1        The minimum rates of pay for full-time employees, except apprentices, shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

4.2        Part-time and seasonal employees shall be paid an hourly rate of 1/38th of the appropriate weekly rate of pay.

 

4.3        The hourly rate for a casual employee shall be calculated by dividing the appropriate weekly rate of pay by 38 and adding 15 % (casual loading), plus 1/12 holiday loading.

 

4.4        Junior employees shall receive the wage rate as per the set out in the said Table 1, reflective of the classification level for which they are employed.

 

4.5        Apprentices shall receive the following percentages of the Level 4 wage rate as set out in the said Table 1, depending on the stage of their apprenticeship:

 

	%
1st Year	51
2nd Year	58
3rd Year	67
4th Year	82

 

5.  Allowances

 

5.1        Early Start

 

For all ordinary hours worked between 6.00 p.m. and 6.00 a.m., an employee shall be paid at the rate of 30% above the ordinary rate of pay.

 

5.2        Saturday Work

 

All ordinary hours worked on a Saturday shall be paid at the rate of 50% above the ordinary rate of pay.

 

5.3        Sunday Work

 

All ordinary hours worked on a Sunday shall be paid at the rate of 100% above the ordinary rate of pay.

 

5.4        Public Holiday Work

 

All time worked on a public holiday shall be paid at the rate of 150% above the ordinary rate of pay.

 

5.5        First Aid

 

An employee appointed by the employer as a first-aid attendant and who is qualified shall be paid the amount set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

5.6        Meal

 

An employee required to work overtime for two hours or more after finishing time on any day shall be paid the amount as set out in Item 2 of the said Table 2 for meal money, unless 24 hours' notice has been given.

 

5.7        Laundry

 

Uniforms where required by the Company shall be supplied by the employer.  Where the employee is required to wear and launder a uniform, the employee shall receive the amount per week extra as set out in Item 3 of the said Table 2.  The Company shall supply three sets of uniforms, as appropriate for the duties performed.

 

5.8        Leading Hands

 

An employee, except an employee classified on Level 6, who performs the work of a leading hand shall be paid an allowance, depending on the number of employees supervised, as set out in Item 4 of Table 2.

 

6.  Hours of Work

 

6.1        The ordinary hours of work for a full-time employee will be an average of 38 hours per week.

 

6.2        Roster of Hours

 

(a)        The ordinary hours of work will be notified to each employee full-time, part-time and seasonal and shall specify the hours of work.  An employee’s roster shall not be changed without consent, unless seven days’ notice is given, or with agreement by the majority of employees effected.

 

(b)        Any change to the general organisation of hours of work shall be the subject of consultation with the Consultative Committee and the employees involved or affected and, at their request, the Union.  Specific consideration will be given to the work requirements, appropriate leisure time arrangements and occupational health and safety.  Any disagreement shall be dealt with in accordance with clause 13, Disputes Procedures.

 

6.3        Daily Limitation of Ordinary Hours

 

(a)        Full-time

 

Ordinary hours shall be worked over not more than five days (which may include Saturday or Sunday) and the number of ordinary hours prescribed herein may not be less than four on any day, or more than 12 on any day.

 

(b)        Casual, Part-time or Seasonal

 

The ordinary hours of casual, seasonal or part-time employees shall not exceed 12 per day with a minimum payment on any day of four hours.

 

(c)        Ordinary Hours in Excess of 10 Hours on any Day

 

Ordinary hours on any day shall not exceed 10 hours except where such arrangement has first been considered and agreed upon with the majority of the employees involved, with specific consideration of occupational health and safety, improved leisure time and appropriate work place arrangements.

 

7.  Overtime

 

7.1        All time worked in excess of 38 hours per week, or in excess of the daily rostered hours, shall be overtime and paid as follows:

 

(a)        All Employees

 

(i)         Monday to Friday

 

Time and one half for the first two hours and double time thereafter, calculated on a daily basis.

 

(ii)        Saturday

 

Shall stand alone and be paid time and one half for the first two hours and double time thereafter.

 

(iii)       Sunday

 

Shall stand alone and be paid double time.

 

(iv)      Public Holiday

 

Shall stand alone and be paid double time and one half.

 

7.2        When overtime is worked, it shall, wherever reasonably practicable, be so arranged that an employee shall have at least 10 consecutive hours off duty between the work of successive days.

 

If, on the instruction of the Company, such an employee resumes or continues work without having had such 10 consecutive hours off duty, the employee shall be paid at double time until the employee has had 10 consecutive hours off duty without loss of pay, for ordinary hours occurring during such an absence.

 

7.3        Where overtime is not continuous with the ordinary hours of work, there shall be a minimum payment of four hours.

 

7.4        Full-time and part-time employees will be offered first preference of ordinary hours of work and overtime hours of work before casuals, in line with business requirements.

 

8.  Meal Breaks

 

8.1        Each day’s work shall be worked in an unbroken shift except for meal breaks or refreshments.

 

8.2        Non-paid meal breaks shall be as arranged between the Company and the employee, but in no case shall the meal breaksor of an employee exceed one hour in the aggregate in any one day, and not less than half an hour in any one break, unless mutually agreed by the Company and employee; provided that an employee shall not in generalbe required to work more than five hours without a break for a meal, except in emergency situations.

 

8.3        During any shift of eight hours or more, employees shall be allowed opportunities for a paid refreshment break or breaks of no more than 20 minutes' duration in aggregate, and not less than five minutes for any one break, in such manner as to not interfere with the continuous running of the establishment.

 

9.  Public Holidays

 

9.1        The days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day or any other gazetted public holiday are observed and special days appointed by proclamation for the district as public holidays shall be holidays under this award.  Employee Picnic Day (which shall be held on the third Wednesday in February each year or such other day as may be agreed between the employee and the Company) shall also be observed as a holiday.  No deduction shall be made from the pay of a weekly employee in any week in which any of the above-named holidays fall if the employee is not required to work on any such holidays.

 

9.2        An employee required to work on any of the holidays named in subclause 9.1 of this clause shall, for all time worked on any such holidays, be paid in accordance with clause 5, Allowances.

 

9.3        An employee absent without leave on the working day immediately preceding an award holiday or holidays, or on the working day immediately succeeding such holiday or holidays, shall forfeit wages for the days of absence, including the holiday or holidays, except where such absence is due to illness of the employee or to another reasonable cause, proof whereof shall be upon the employee.

 

10.  Leave

 

10.1      Annual Leave

 

(a)        See Annual Holidays Act 1944.

 

(b)        Payment during Annual Leave

 

In addition to payments received for annual leave periods, calculated in accordance with the Annual Holidays Act 1944, all weekly employees shall, in addition, be paid a loading the greater of:

 

(1)        17.5% of their ordinary pay for the period of leave; or

 

(2)        the Early Start, Saturday Work or Sunday Work allowances, payable as set out in subclause 5.1 of clause 5, Allowances, in relation to their roster which would have been worked during the period of leave.

 

(c)        The entitlements prescribed in paragraph (b) of this subclause shall not apply to:

 

(1)        pro rata leave on termination;

 

(2)        accrued leave on termination, except when the employment of an employee is terminated by the Company for reasons other than those prescribed in subclauses (v) and (vi) of clause 2, Contract of Employment; and

 

(3)        annual leave taken wholly or partly in advance, provided that the loading shall be paid if and when an employee’s leave entitlement falls due.

 

(d)        In the event of annual leave closedown, an employee shall receive the entitlements prescribed in paragraphs (b) and (c) of this subclause on a pro rata basis.

 

10.2      Sick Leave

 

(a)        A weekly employee who, after not less than three months’ continuous service with the employer, is unable to attend for duty during the employee’s ordinary working hours by reason of personal illness or personal incapacity not due to the employee’s own serious and wilful misconduct shall be entitled to be paid at ordinary-time rates of pay for the time of such non-attendance, subject to the following conditions and limitations:

 

(1)        The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers’ compensation.

 

(2)        The employee shall, as soon as reasonably practicable, immediately notify the Company of an inability to attend for duty and, as far as practicable, state the nature of the illness or injury andthe estimated duration of the absence.

 

(3)        The employee shall provide a doctor’s certificate or proof as required by the Company of an inability, on account of illness or injury, to attend for duty on the day or days for which sick leave payment is claimed.

 

(4)        An employee is entitled to take up to two single days' sick leave in any calendar year without the production of a medical certificate.

 

(5)        The employee’s sick leave payments are to be calculated based on the daily hours worked by his/her normal shift (at ordinary time rates of pay).

 

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

 

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

 

(2)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall fall upon the employee);

 

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

 

(c)        A full-time employee shall be entitled to paid sick leave not in excess of:

 

(1)        three and one third hours for each month of service during the first year of employment;

 

(2)        48 hours during the second year of employment;

 

(3)        64 hours during the third year of employment;

 

(4)        80 hours during the fourth and subsequent years of employment.

 

(d)        Part-time or seasonal employees are to be paid a proportionate amount of sick pay in accordance with their hours of work.

 

(e)        Sick leave shall accumulate for year to year, subject to continuous employment, provided that an employee shall not be entitled to accumulate sick leave for more than 792 hours from the end of the year in which its accrues.

 

10.3      Bereavement Leave

 

(a)        An employee on the death of a person prescribed in subparagraph (1)(c)(ii) of clause 10A, Personal/Carer's Leave, will 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 to a maximum of three ordinary days' work.  In the case of attendance of a funeral of such relation outside Australia, such leave shall be without deduction of pay for a maximum of three days' work.  Proof of such death shall be furnished by the employee to the satisfaction of their employer, if so requested, together with proof of attendance in the case of a funeral outside of Australia.

 

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

 

10.4      Long Service Leave

 

See Long Service Leave Act 1955.

 

10.5      Parental Leave

 

See Chapter 2, Part 4 of the Industrial Relations Act 1996.

 

10.6      Workers’ Compensation and Rehabilitation

 

See Workers’ Compensation Act 1987.

 

10.7      Jury Service

 

(a)        A weekly employee required to attend for jury service during ordinary working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time that would have been worked had the employee not been on jury service.

 

(b)        An employee shall notify the Company as soon as possible of the date required to attend for jury service.  Furthermore, the employee shall give the Company proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

10A.  Personal/Carer’s Leave

 

(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 subclause 10.2 of clause 1110, 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 the 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 the 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, stepchild, foster child or 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 the employee on a bona fide domestic basis;

 

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

 

1.          "relative" means a person related by blood, marriage or affinity;

 

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

 

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

 

(d)        An employee shall, wherever practicable, give the Company 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 Company 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 Company, 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 the Company 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 Company, to take time off in lieu of payment for overtime at a time of 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 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 Company, 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 Company, 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.

 

11.  Occupational Superannuation

 

In accordance with the trust deed and subject to section 124 of the Industrial Relations Act 1996, employees shall be entitled to join the appropriate Company superannuation fund or industry superannuation fund.  Contributions shall comply with legislative and trust deed requirements.

 

12.  Introduction of Change

 

12.1      Company’s Duty to Notify

 

(a)        Where the Company 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 Company shall notify the employees who may be affected by the proposed changes.

 

(b)        "Significant Effects" include termination of employment; major changes in the composition, operation or size of the Company’s workforce or in the skills required; the elimination of diminution of job opportunities, promotional opportunities or job tenure; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

12.2      Company’s Duty to Discuss Change

 

(a)        The Company shall discuss with the employees affected the introduction of the changes referred to the subclause 12.1 of this clause, the effects the changes are likely to have on employees, 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 their Union in relation to the changes.

 

(b)        The discussions shall commence as early as practicable after a definite decision has been made by the Company to make the changes referred to in subclause 12.1 of this clause.

 

(c)        For the purposes of such discussion, the Company shall provide in writing the employees concerned all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that the Company shall not be required to disclose confidential information, the disclosure of which would be inimical to the Company’ interests.

 

(d)        Furthermore, in the event that the Company was to transfer or re-locate Hotplate production to another site, the Company where practical and possible would hold discussions with employees and the Union at least three months prior.

 

13.  Disputes Procedure

 

Subject to the Industrial Relations Act 1996, any grievance, dispute or claim arising out of or relating to this award shall be dealt with the following manner:

 

(i)         Should any matter arise which gives cause for concern to an employee, the employee shall raise the matter with the immediate supervisor.

 

(ii)        If the matter remains unresolved, it shall be referred to the Union delegate who shall consult with the appropriate representative of the Company.

 

(iii)       If the matter remains unresolved, it shall be referred to the Secretary of the Union (or representative).  This official shall discuss the matter with a senior representative of the Company.

 

(iv)       If the matter remains unresolved, it shall be submitted to the Industrial Relations Commission of New South Wales whose decision shall, subject to any appeal in accordance with the Industrial Relations Act 1996, be final.

 

(v)        Whilst the above procedure is being followed, work shall continue as normal in accordance with this award.

 

(vi)       No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.

 

(vii)      The parties shall, at all times, confer in good faith and without undue delay.

 

14.  Consultative Committee

 

A Consultative Committee has been established to help meet the goals of this site award.

 

The Consultative Committee shall consist of:

 

Four representative elected by the employees; and

 

Four representatives appointed by the Company.

 

The Consultative Committee shall be responsible for meeting once every three months to discuss any issues about the award as raised by the Company or employees.

 

15.  Area, Incidence and Duration

 

15.1      Duration

 

This award shall take effect from the first pay period to commence on or after the 21 October 2004 and remain in effect until 21 October 2005.

 

15.2      This award rescinds and replaces the Tip Top Bakeries (Fairfield) Award 2002 published 22 August  2003 (341 I.G. 60).

 

15.3      This award shall prevail over the terms of the following awards (including any awards that replace the following awards) to the extent of any inconsistencies:

 

(a)        The Grocery Products Manufacturing (State) Award; and

 

(b)        The Pastry Cooks (State) Award.

 

16.  Rights of Union Members

 

The Company recognises the right of all employees to become a member of the Union and to inform the Union of any alleged breach of this award and/or of any industrial legislation, and to receive the assistance of the Union in claiming any benefit to which the employee is entitled under this award and/or any industrial legislation.  Moreover, the Company’s standard "application for employment form" shall contain a section expressly authorising the Company to forward to the Union such details as are required for an application for membership of the Union and also expressly authorising the Company to deduct such amount by way of Union subscriptions as may apply from time to time under the rules of the Union, and to remit such subscriptions to the Union.

 

The Company shall recognise any duly accredited Delegate/s of the Union where it is advised by the Union that the person concerned has been elected/appointed as the Delegate in accordance with the rules of the Union, and shall afford such Delegate/s reasonable assistance in carrying out their Union duties and functions.

 

17.  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, and age and carer's responsibility.

 

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 form 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.

 

Notes

 

(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 the religion that conforms to doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

18.  Redundancy

 

18.1      Where the Company has made a definite decision that it no longer wishes the job an employee has been doing done by anyone and this is not done through the ordinary and customary turnover of labour, and that decision leads to the termination of employment of the employee, i.e. excess to requirements, the employee shall be entitled to the following redundancy payments:

 

Four weeks' notice or the payment of the balance between the actual notice given and four weeks.

 

Four weeks' payment for each year of service and uncompleted years will be payedpaid on a pro rata basis.

 

The maximum redundancy payment to any employee shall be 60 weeks.

 

"Week's Payment" shall include base weekly rate, plus any ordinary-time shift penalties and allowances that were payable to the employee at the date of termination.  It does not include overtime pay.

 

This clause shall not apply to apprentices or employees engaged for a specific period of time or for a specific task/s.

 

This clause shall apply to casuals where they have been engaged to work on a regular and systematic basis for a minimum of 12 continuous months.  Payments would be calculated on a pro rata basis of average ordinary hours worked per week over the last 12 months.

 

Furthermore, this clause shall not apply where employment is terminated as a consequence of serious misconduct that justifies dismissal without notice.

 

18.2      Outplacement

 

Where the employment is terminated on the grounds of redundancy, the Company shall provide the outplacement services to the employee at the Company’s expense.  The Company will discuss the selection and engagement of the provider(s) of outplacement services with the Union prior to their utilisation.

 

19.  Renegotiation

 

The Company will commence discussions with the Union regarding a new award not less than three months prior to the nominal expiry date of this award.  It is not expected that the Company's plant will be transferred to Chullora earlier than October 2005.  In the event that a transfer is to occur earlier than October 2005, the Company will commence discussions with the Union no less than three months prior to the transfer.

 

Those discussions will include:

 

1.          the agreement covering the work being performed at Chullora;

 

2.          the transfers of employees to Chullora and any possible redundancies.

 

Continuity of employment shall not be broken where an employee transfers to Chullora.

 

20.  Transmission of Business

 

This agreement shall apply to any employer, other than George Weston Foods Ltd, which is the successor, assignee or transmittee of all or any of the work.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

 

Table 2 - Other Rates and Allowances

 

 

 

 

D. S. McKENNA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.