INDEPENDENT PREPARED FOODS (MASCOT) ENTERPRISE AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4637 of 2004)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Application

3.         Parties Bound

4.         Objectives of Award

5.         Code of Conduct

6.         Definitions

7.         Award Supply

8.         Relationship to other Awards

9.         Duration of Award

10.       Contract of Employment

11.       Probation Period

12.       Redundancy

13.       Grievance and Dispute Settlement Procedures

14.       Saturday and Sunday Work

15.       Wages

16.       Classification Structure

17.       Payment of Wages

18.       Superannuation

19.       Hours of Work

20.       Rostered Days Off

21.       Meal Breaks and Rest Pauses

22.       Overtime

23.       Annual Leave

24.       Annual Leave Loading

25.       Public Holidays

26.       Sick Leave

27.       Jury Service

28.       Parental Leave

29.       Paid Stop Work Meetings

30.       Long Service Leave

31.       Personal/Carers Leave

32.       Bereavement Leave

33.       Uniforms & Protective Clothing

34.       Meals Allowance

35.       Role of the Union

36.       No Reduction in Wages

37.       Mixed Functions

38.       Anti-Discrimination

39.       Area, Incidence and Duration

40.       Review of Award

 

PART B

 

MONETARY RATES

 

Table 1 - Wages Rates - Permanent Full Time Rates of Pay

Table 2 - Wage Rates - Casual Employees

Table 3 - Other Rates

 

2.  Application

 

This Award shall apply to all employees as classified herein, who if not for this award would be covered by the terms of the Caterers Employees (State) Award and who are employed by IPF Foods Pty Limited trading as Independent Prepared Foods at their operation located at 43 Hutchinson Street, St. Peters.

 

3.  Parties to the Award

 

The Parties to this Award are:

 

(i)         The Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch; and

 

(ii)        IPF Foods Pty Limited (ABN 49 101 101 642) trading as Independent Prepared Foods located at 43 Hutchinson Street, St. Peters.

 

4.  Objectives of the Award

 

The key objectives of this award are:

 

(i)         The establishment of ownership, flexibility and self esteem in employees’ work which will contribute to loyalty to both the customer and the employer.

 

(ii)        To implement and enhance multi-skilling of employees so as to provide them with satisfying work and career opportunities.

 

(iii)       To maximise full-time employment opportunities within the constraints of contract requirements.

 

(iv)       To establish profitable contracts through the provision of highest quality services to our customers

 

(v)        in order to maximise contract retention.

 

This will be achieved through:

 

(i)         Employees having the opportunity to achieve their full potential within the context of the business.

 

(ii)        The willingness of employees to accept total flexibility of jobs and duties across the contract site/s subject only to competency and within statutory/legislative requirements to perform particular tasks.

 

(iii)       The development and maintenance of consultative practices in matters, which have an impact on the working environment.

 

To ensure the meeting of objectives of this Award the parties agree that the following measures form an integral part of the Employer’s operations:

 

(i)         The Employer and its employees will constantly seek improvements in safety, work organisation, quality and any other areas which will enhance the quality of the working environment, customer service and the effectiveness of the operations.

 

(ii)        The avoidance of any action, which disrupts or impedes delivery of services by the prompt resolution of employee concerns through effective communication and the agreed processes of consultation and grievance handling.

 

(iii)       The training and development of employees to ensure that they have the opportunity to achieve their potential within the enterprise and meet the changing needs of the Employer.

 

(iv)      The undertaking of work in a flexible and efficient manner.

 

(v)       The development of working relationships between employees and management to promote mutual trust, teamwork, open communication of relevant information and ideas, and cooperation generally.

 

(vi)      The maintenance of standards of conduct and attendance necessary to ensure a safe and efficient operation.

 

5.  Code of Conduct

 

(i)         The Employer and its employees will strive for best practice in all things.

 

(ii)        Potential conflicts of interest should be avoided and action taken to remove the conflict.

 

(iii)       Employer and employee confidential information shall be kept confidential.

 

(iv)       The provision of a workplace where, through employee consultative policies and training for all employees, discrimination and sexual harassment does not occur.

 

6.  Definitions

 

(i)         "Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.

 

(ii)        "Employer" means IPF Foods Pty Limited (ABN 49 101 101 642) trading as Independent Prepared Foods, 43 Hutchinson Street, St. Peters.

 

(iii)       "Parent Award" shall mean the Caterers Employees (State) Award as varied.

 

7.  Award Supply

 

A copy of this Award as varied from time to time shall be maintained at the Site by the Employer and shall be available for inspection at any time by an employee covered by this Award.

 

8.  Relationship to Parent Awards

 

This Award shall be read and interpreted wholly in conjunction with the Parent Award, the Caterers Employees (State) Award, provided that where there is inconsistency between this Award and the Parent Award, then this Award shall apply to the extent of the inconsistency. Any subject not dealt with shall be as provided in the Parent Award.

 

9.  Duration of Award

 

This award shall operate on and from 11 September 2001 for a period of 2 years.

 

10.  Contract of Employment

 

(i)         An employee shall on or prior to commencing employment, be provided by the Employer with a written statement outlining the employee's:

 

(ii)

 

(a)        employment category, which shall be either:

 

full time,

 

part time, or

 

casual,

 

(b)        classification level;

 

(c)        ordinary hours of duty;

 

(d)        rate of pay, and

 

(e)        date of appointment.

 

and in addition an employee shall be provided with Union membership application forms.

 

(iii)       Employment Category - Definitions

 

(a)        "Full-time Employee" means an employee engaged by the week or fortnight who is rostered to work an average of 38 ordinary hours per week over a 4 week period.

 

(b)        "Part-time Employee" means an employee engaged by the week or fortnight who is rostered to work an average of less than 38 hours per week over a 4 week period.

 

(c)        "Casual Employee" means an employee engaged and paid as such but shall not include an employee as defined in paragraph (a) of this subclause.

 

(iv)       Notice of Termination

 

(a)        The employer may terminate the employment of a full-time employee by giving the amount of notice set out below for the employee’s period of continuous employment or by paying the employee the monies the employee would otherwise have earned during this period.

 

Less than 1 year	1 week
1 year and less than3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

(b)        Nothing in this clause shall affect the right of the employer to dismiss an employee without notice or without any paying any monies instead of notice if the employee has acted dishonestly in employment, the employee has unreasonably failed to carry out a direction properly given to them by a person in charge, or the employee has otherwise behaved so badly as to justify being dismissed without notice.

 

(c)        A full-time employee when leaving employment must give the employer at least one week’s notice or the employer may deduct from wages owing any part of the notice period not worked. The employer shall not terminate an employee’s employment only because the employee has given notice.

 

(d)        On termination of employment for any reason, the employer will give a full-time employee a certificate of service stating how long the employee had worked for the employer and what job the employee did.

 

(v)        Multiskilling

 

(a)        The Employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the intent of this Award.

 

(b)        The Employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

 

(c)        Any direction issued by the Employer pursuant to the above paragraphs shall be consistent with the Employer's responsibilities to provide a safe and healthy working environment.

 

11.  Probation Period

 

All new employees will undergo a probationary period, which shall be a maximum of 14 days duration. During the probationary period a new employee will be required to undertake such training as to allow competency assessment as to suitability for a permanent position.

 

(i)         Employees engaged as full-time without any previous service with the employer may be employed on probation for the first 14 days of employment, during which period the employee may be terminated with 1 days notice.

 

(ii)        The work of employees on probation will be assessed by the employer and the employee will be told no later than 14 days after the employer has stated whether the employee will continue in employment after the probation period.

 

12.  Redundancy

 

(i)         Application

 

(a)        This clause shall apply in respect of full time and part time employees as set out in Clause 11 subclause (ii) - Contract of Employment.

 

(b)        In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of subclause (v) of this clause.

 

(c)        Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on the employer shall be no more than to give such employees an advanced indication of the impending redundancy at the first reasonable opportunity, and to take all such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(d)        Notwithstanding anything contained elsewhere in this award, this clause 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.

 

(ii)        Introduction of Change

 

(a)        Where the 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 employers 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 or employees to other work or locations and the restructuring of jobs.

 

(c)        Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(iii)       Employers 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 subclause (ii) of this clause, 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 practible after a definite decision has been made by the employer to make the changes referred to in subclause (ii) of this clause.

 

(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 the employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iv)       Discussions Before Terminations

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (a) of subclause (ii), of this clause 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 discussions 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 of 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.

 

(v)        Notices for Changes in Production, Program, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from 'production', 'program', 'organisation' or 'structure' in accordance with paragraph (a) of subclause (ii) of this clause.

 

(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.

 

(vi)       Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from 'technology' in accordance with paragraph (a) of subclause (ii) of this clause:

 

(a)        In order to terminate the employment of an employee the employer shall give to the employee 3 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.

 

(vii)      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.

 

(viii)     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 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.

 

(ix)       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.

 

(x)        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.

 

(xi)       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.

 

(xii)      Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii), of this clause, 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.

 

(xiii)     Severance Pay

 

Where an employee is to be terminated pursuant to subclause (v) of this clause, subject to further order of the Industrial Relations Commission, 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 old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	45 Years of Age &
	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)        'Weeks Pay' means the all purpose rate of pay 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 all purpose allowances paid in accordance with this the Award.

 

(xiv)     Incapacity to Pay

 

(a)        Subject to an application by the employer and further order of the Industrial Relations Commission, the employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause.

 

(b)        The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause (xiii) of this clause will have on the employer.

 

(xv)      Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause if the employer obtains acceptable alternative employment for an employee.

 

(xvi)     Procedures Relating to Grievances

 

Grievances relating to individual employees will be dealt with in accordance with clause 14, Grievance and Dispute Settlement Procedures of this Award.

 

13.  Grievance and Dispute Settlement Procedures

 

(i)         Procedures Relating to Grievances of Individual Employees -

 

(a)        The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion and resolution at higher levels of authority.

 

(d)        At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(ii)        Procedures Relating to Disputes, etc., Between Employers and their Employees -

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(iii)       The employer may be represented by their choice of representative and the employees may be represented by the Union for the purposes of each procedure.

 

14.  Saturday and Sunday Work

 

(i)         All ordinary time worked by employees on Saturday shall be paid for at the appropriate rate for the ordinary hours worked for the relevant classification as set out in Tables 1 and 2 of Part B, Monetary Rates of this Award.

 

(ii)        All ordinary time worked by employees on a Sunday shall be at the appropriate rate for the ordinary hours worked for the relevant classification as set out in Tables 1 and 2 of Part B, Monetary Rates of this Award.

 

(iii)       All overtime worked on a Sunday shall be paid for at double time.

 

(iv)       Full-time employees and Casual employees shall be paid the appropriate hourly rate of pay for each classification as set out in Table 2 - Saturday, Sunday and Public Holiday Ordinary Time Hourly Rates and Table 3 - Overtime Hourly Rates, of Part B, Monetary Rates of this Award.

 

15.  Wages

 

(i)         Full-time Employees

 

Full time employees shall be paid the appropriate minimum weekly rate of pay for each classification as set out in Table 1 - Wages Rates, of Part B, Monetary Rates of this Award.

 

(ii)        Part-time Employees

 

Part time employees shall be paid an hourly rate equal to the appropriate weekly rate divided by 38. Other terms and conditions of this award (except for rostered days off) as applicable to full time employees shall apply to Part time employees on a pro rata basis.

 

(iii)       Casual Employees

 

Casual employees shall be paid the appropriate ordinary hourly rate of pay for each classification as set out in Table 2 - Wages Rates, of Part B, Monetary Rates of this Award.

 

(iv)       Casual employees are also entitled to be paid an additional 1/12 of the employee’s ordinary pay, as defined in the Annual Holidays Act 1944, to pay for the employee’s annual holiday entitlement as set out in Table 2. The Wages Rates, as set out in Table 2, of Part B, Monetary Rates of this Award include the 1/12th pro rata annual leave.

 

(v)        The Rates of Pay as prescribed in Table 1 and 2 - Wages Rates, of Part B, Monetary Rates of this Award, shall be varied at the same percentage and/or amount in accordance with any variations to Rates of Pay in the Parent Award.

 

(vi)       Saving Provision - All permanent employee’s shall have a Saturday shift rostered as part of their ordinary hours, should the employer no longer offer a Saturday shift as part of an employee’s ordinary time in their roster and the employee is required to work their ordinary hours Monday to Friday, the appropriate weekly rate pursuant to the parent award shall apply if the employee’s weekly rate is less as a result of this change to their ordinary hours.

 

(vii)      In any event no employee shall receive any less than that provided for in the Parent Award.

 

16.  Classification Structure

 

(i)         Level 1 - Catering Assistant

 

(a)        Definition: A Catering Assistant Level 1 is an employee undertaking up to three months' on the job training so as to enable them to be employed as a Grade 2 employee. is responsible to the Team Leader and shall mean an employee who may be required to perform a range of duties which include any or all of the following:

 

(1)        Appropriately trained tasks involved in the Preparation, Cook-Chill and Assembly sections of the facility.

 

(b)        The duties of a Catering Assistant shall include but is not limited to achieving product specifications in their assigned area, and the use of a knifes to make all cuts of fruits and vegetables.

 

(c)        Characteristics of this Level are:

 

(1)        Work is initially performed under close direction and supervision using established practices, procedures and instruction. Later, (within six weeks of commencement) work is likely to be performed under routine supervision with intermittent checking.

 

(2)        Such employees at this Level shall undertake their duties in a safe and responsible manner performing routine functions requiring an understanding of clear straight forward rules or procedures. Problems can usually be solved by reference to established practices, procedures and instruction/s.

 

(3)        Rosters may rotate these employees across different sections of the facility in order to provide diversified work experience and job training.

 

(d)        A Catering Assistant Level 1 is undertaking up to 3 months on-the-job training so as to enable the employee to be employed as a Level 2 Catering Assistant.

 

(ii)        Level 2- Catering Assistant - Slicer, Hot Kitchen Assistant

 

(a)        Definition: A Trainee Catering Assistant Level 2 shall mean an employee who may be required to perform a range of duties that include any or all of the following:

 

(b)        duties and functions outlined for Level 1 employees plus:

 

(1)        Competent in the operation and use of slicing and dicing machines, Blast Chillers, Bratt Pans, fryers and ovens.

 

(2)        More detailed training may be required in this position.

 

(3)        Training and basic direct supervision of employees in a section of the facility

 

(c)        Characteristics of this level are:

 

(1)        Employees at this Level have sufficient experience and/or training to enable them to carry out their assigned duties under routine supervision.

 

(2)        An employee at this Level may provide assistance to employees at a lower Level and/or to less experienced employees at the same Level.

 

(3)        Such employees shall undertake their duties in a safe and responsible manner and shall exercise discretion within their level of skills and training.

 

(4)        Rosters may rotate these employees across work areas in order to provide diversified work experience and on the job training.

 

(iii)       Level 3 - Omelette Cook - Cleaner

 

(a)        Definition: A Catering Assistant Level 3 shall mean an employee who may be required to performed a range of duties which may include any or all of the following:

 

(b)        Duties and functions outlined for Level 1 employees plus:

 

(1)        Operating specialised machinery for which the employee has received the appropriate level of training and holds any necessary licences.

 

(2)        Maintenance and cleanliness of the kitchen areas and whose duties include but shall not be limited to removing of general waste from all areas, maintaining cleanliness of factory floors, cleaning of cooking equipment and assist in moving raw materials and finished products as is necessary or required.

(3)        Competent in the preparation of basic omelettes and various egg cooking and other associated stove cooking duties, not being a person of trade qualifications.

 

(c)        Characteristics of this Level are:

 

(1)        Employees at this Level have sufficient experience and/or training to enable them to carry out their assigned duties under limited supervision.

 

(2)        Such employees shall undertake their duties in a safe and responsible manner.

 

(3)        Having been trained in the procedures for handling and usage of Chemicals within the facility, employees at this Level will comply with these procedures.

 

(iv)       Level 4 - Driver/Storesperson

 

(a)        Definition: A Level 4 Driver/Storesperson shall mean an employee who may be required to perform a range of duties which include any or all of the following:

 

(b)        Duties and functions outlined for Level 3 employees plus:

 

(1)        Operating specialised machinery for which the employee has received the appropriate level of training and holds any necessary licences (eg forklifts, compactors).

 

(2)        Delivery of product to suppliers for which the employee must hold a Class A drivers licence.

 

(3)        Maintenance of the facility’s Food Safety plan to the level to which the employee has been trained.

 

(4)        Assist in the handling of stock including stock delivery, stock rotation and stock counting.

 

(5)        Maintain assigned motor vehicles in a clean, hygienic condition.

 

(6)        Report all vehicle damage and maintenance requirements in line with vehicle checklists.

 

(7)        Competent in packing of orders of prepared product.

 

(c)        Characteristics of this Level are:

 

(1)        Responsible and accountable for their own work with checking related to overall progress.  Such employees shall exhibit a degree of interpersonal and communication skills.

 

(2)        Employees are required to exercise judgement and initiative within a broad range of their skills and knowledge and may work unsupervised.

 

(3)        Such employees shall undertake their duties in a safe and responsible manner and shall exercise discretion within their level of skills and training.

 

(4)        Whilst driving Company vehicles employees must drive in a safe, responsible and courteous manner.

 

(v)        Level 5 - Team Leader

 

(a)        Definition: Level 5 Team Leader shall mean an Employee who may be required to perform a range of duties which may include any or all of the following:

 

(b)        All Level 5 Team Leader shall mean an Employee who may be required to perform a range of duties which may include any or all of the following:

 

(1)        Overall supervision of the work of other employees and who performs such work as and when is required by the employer.

 

(2)        Supervising, training and co-ordinating of employees in one or more sections of the facility at Level 4 or below.

 

(3)        Calculating requirements for customer orders, training and supervising of catering assistants.

 

(4)        The Team Leader is also responsible for achieving daily production schedules and quality specifications of all products.

 

(5)        Maintenance of the facility’s Food Safety plan to the level to which the employee has been trained.

 

(c)        Characteristics of this Level are:

 

(1)        Responsible and accountable for their own work with checking related to overall progress. Such employees shall exhibit a degree of interpersonal and communication skills. Employees are required to exercise judgement and initiative within a broad range of their skills and knowledge and may work unsupervised.

 

(2)        Such employees may be required to supervise employees at a lower level and/or to provide assistance to an employee as required.

 

(iv)       Level 6 - Cook-Chef

 

(a)        Definition: Level 6 - Cook shall mean a person with appropriate trade qualifications and an employee who may be required to perform a range of duties which include any or all of the following:

 

(b)        All Level 3 duties and functions, plus:

 

(1)        Undertaking general cooking duties including a la carte cooking and working in various sections of the kitchen/s such as cold larder, butchering, main kitchen, banqueting, baking, pastry cooking and other such general cooking undertaken without supervision being a person with trade qualifications.

 

(2)        Produce product to set specifications.

 

(3)        Maintain the facility’s Food Safety Plan to the level to which the employee has been trained.

 

(c)        Employees at this Level are responsible and accountable for their own work with checking related to overall progress. Such employees shall exhibit a degree of interpersonal and communication skills.  Employees are required to exercise judgement and initiative within a broad range of their skills and knowledge and may work unsupervised.

 

(d)        Such employees may be required to supervise and train employees at a lower level and/or provide assistance to any employee as required.

 

(e)        Supervising, training and co-ordinating of employees in one or more sections of a facility at  Level 4 and below.

 

(vii)      Progression

 

In addition to the company nominated skill requirements, progression between levels is subject to a vacancy becoming available at a higher level and performance review outcomes will be considered when appointing employees to higher levels.

 

17.  Payment of Wages

 

(i)         Wages shall be paid on a weekly basis by way of electronic funds transfer into a nominated bank.

 

(ii)        Payment will be offered within two (2) working days after completion of the pay period.

 

18.  Superannuation

 

The subject is dealt with extensively by legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 and section 124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the Superannuation rights and obligations of the parties.

 

The required superannuation contributions in accordance with the Superannuation Guarantee (Administration) Act 1992 are as set out in subclause (D), Contributions, of this clause.

 

Notwithstanding the above, the provisions in this award shall also apply.

 

(A)       Definitions - In this clause:

 

(i)         "HOST-PLUS" means the HOST-PLUS Superannuation Fund established and governed by a Trust Deed and Rules (as may be amended from time to time).

 

(ii)        "Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.

 

(iii)       "Ordinary Time Earnings" means:

 

(a)        the award classification rate;

 

(b)       any over award payment;

 

(c)        any weekend and public holiday penalty rates earned by shift workers on normal rostered shifts forming the ordinary hours of duty when not worked as overtime;

 

(d)       all allowances relating to work and conditions, other than expense related allowances.

 

(B)       Fund -

 

(i)         For the purposes of this award, contributions made the employers in accordance with the provisions of subclause (D), Contributions, of this clause shall be paid to HOST-PLUS.

 

(ii)        The employer shall become a participating employer by:

 

(a)        forwarding to HOST-PLUS a signed Admission Agreement to become a participating employer by the end of the calendar month in which admission is sought; and

 

(b)       acceptance by the Trustees of HOST-PLUS of the Admission Agreement.

 

(iii)       The employer shall provide every employee who is not already a member of HOST-PLUS with a membership application form for HOST-PLUS upon commencement of employment. Subject to section 124 of the Industrial Relations Act 1996, each employee shall be required to complete such form and the completed form shall be forwarded to HOST-PLUS by the employer by the end of the calendar month in which employment commences.

 

(C)       Eligibility of Employees -

 

(i)         An employee shall become eligible to join HOST-PLUS on the day of commencement of employment.

 

(ii)        Subject to paragraph (i) of this subclause, an employee shall be enrolled in HOST-PLUS upon the acceptance by HOST-PLUS of a membership application form and shall, subject to the approval of the Trustees, be deemed to be a member of the scheme from the day of commencement of employment.

 

(D)       Contributions -

 

(i)         Full-time and Part-time Employees - The employer shall contribute to HOST-PLUS, in respect of each employee, such contributions as are required to comply with the Superannuation Guarantee (Administration) Act 1992.

 

(ii)        Casual Employees - The employer shall contribute to HOST-PLUS, in respect of each employee, such contributions as are required to comply with the Superannuation Guarantee (Administration) Act 1992, and the Superannuation Guarantee Charge Act 1992.

 

(iii)       An employee shall not be required to contribute during any period of unpaid leave, such as sick leave or maternity leave. The employer shall not be required to contribute during any period when an employee is entitled to receive weekly workers' compensation benefits if a contribution is not required under the Superannuation Guarantee (Administration) Act 1992 or under any Superannuation Guarantee Ruling issued from time to time by the Australian Taxation Office.

 

(iv)       The employer shall contribute to HOST-PLUS, on or before the 15th day of the following calendar month, the total of the weekly contribution amounts accruing for that previous month in respect of each employee.

 

(v)        The employer shall, in respect of each employee, pay into HOST-PLUS an amount required to meet the provisions of the federal legislation referred to in the preamble to this clause.

 

(vi)       Contributions in accordance with this clause shall be required to be made by the employer on behalf of any employee who was over the age of 65 years as at 1 July 1997. Contributions shall continue to be made on behalf of all employees until such time as an employee turns 70 years of age.

 

(vii)      The employer shall ensure that contributions made on behalf of an employee by the employer, in accordance with the provisions of this clause, are separately identified on the employee's pay slip on each occasion that wages are paid, and shall include such details as the name of the superannuation fund and the amount being contributed on the employee's behalf.

 

19.  Hours of Work

 

(i)         Full-time employees will work an average of 38 ordinary hours per week over a 4 week period in accordance with this clause.

 

(ii)        Full-time employees will work not more than 5 consecutive days per week or, by agreement between the employer and the employee, not more than 20 days in a four-week period.

 

(iii)       Part-time employees will work not more than 5 consecutive days per week or, by agreement between the employer and the employee, not more than 20 days in a four-week period.

 

(iv)       Casual employees rostered to work will have a minimum start of 3 hours per shift.

 

(v)        Rosters

 

(a)        The employer shall display a roster in a place accessible to all employees. The roster shall set out the starting, finishing and meal times for full-time employees for each week. The roster shall be posted at least seven days before its commencement.

 

(b)        Subject to other clauses of this Award, employees must work at such times and on such days as the employer needs them. The employer cannot change the roster of a full-time employee without giving the employee seven day's notice, except in an emergency beyond the employer's control. The employer will discuss any changes with the employee and try to take into account the employee's family and personal needs.

 

(c)        The ordinary daily working hours of full-time employees will not be more than ten hours in any one shift, not including the time taken for meal breaks. By agreement between the employer and the employee, may work up to 12 ordinary hours, including the time taken for a paid meal break, without the payment of a penalty under clause 23 Overtime.

 

(d)        Full-time employees will be given ten clear hours off between finishing work on one shift and starting work on the next shift or paid double the employee's ordinary rate of pay for all time worked until the employee has had ten clear hours off.

 

20.  Rostered Days Off

 

Where by mutual agreement between the Employer and the employee(s) a 38 hour week is, or has been, implemented on the basis of a rostered day off in each cycle of twenty working days, the following provisions shall apply;

 

(i)         Rostering:

 

(a)        Rostered days off shall be scheduled by mutual agreement between employees and the Employer.

 

(b)        Except as provided by (c), an employee shall be advised by the Employer at least four weeks in advance of the weekday the employee is to be rostered off.

 

(c)        The Employer with the agreement of the majority of employees concerned may substitute the day an employee is to be rostered off duty for another day in the case of a breakdown in machinery or to meet the requirements of the business.

 

(d)        An individual employee with the agreement of the Employer, may substitute the day such employee is rostered off duty for another day.

 

(e)        In the event that an employee is rostered off duty on a day, which coincides with payday, such employee shall be paid no later than the workday immediately following pay day.

 

(ii)        Payment of Rostered Day Off

 

Full-time employees; For the purposes of the payment of rostered day’s off, the employer shall divide the ordinary weekly rate by 40 and each employee shall be paid for 40 ordinary hours each week. In addition to this payment an employee shall be entitled to a rostered day off every 20 working days as defined in this clause.

 

(iii)       Rostered Day Off Falling on a Public Holiday

 

In the event of an employees rostered day off falling on a public holiday, the employee and the Employer shall agree to an alternative day off duty as a substitute. Provided that in the absence of agreement the substituted day shall be determined by the Employer.

 

(iv)       Work on Rostered Day Off Duty

 

Any employee required to work on a rostered day off shall be paid in accordance with the overtime provisions of this award.

 

(v)        Sick Leave and Rostered Days Off

 

Employees are not eligible for sick leave in respect of absences on rostered days off as such absences are outside their ordinary hours of duty.

 

21.  Meal Breaks and Rest Pauses

 

(i)         Full-time employees shall be entitled to a 30 minute lunch break between six and seven hours from the commencement of their shift or between 11:00am and 12:00noon at which time a meal should be supplied by the Employer.

 

(ii)        All employees shall be entitled to a fifteen minute crib break between one and one half hours and two and one half hours from the commencement of their shift at which time the Employer shall supply a bread roll and coffee/tea.

 

(iii)       All employees shall be entitled to a further fifteen-minute break between three and one half hours and four and one half hours from the commencement of their shift at which time the employer shall supply coffee/tea.

 

(iv)       The times referred to in subclauses (i), (ii) and (iii) of this clause may be varied by agreement and or if required by operational needs and delivery times.

 

(v)        Where it is not possible to grant a meal interval in any shift the said meal shall be treated as time worked and paid at the rate of time additional to the ordinary rate, as applicable to the employee, until released for a meal.

 

22.  Overtime

 

(i)         Employees may be required to work overtime.  The requirement to work overtime shall not be unreasonable and shall be structured to address the productivity and work continuance of the contract.

 

(ii)        In computing overtime each day shall stand-alone.

 

(iii)       Except as hereinafter provided all authorised time worked in addition to the rostered ordinary hours per day shall be paid for at the rate of time and a half for the first two hours and double time of the appropriate weekly rate thereafter.

 

(iv)       All time worked in excess of eight hours in one day shall be paid as overtime.

 

(v)        Except in emergency situations no more than twelve hours per shift inclusive of overtime shall be worked.

 

(vi)       All overtime worked on Sundays shall be paid at the rate of double time.

 

(vii)      Full-time employees and Casual employees shall be paid the appropriate hourly rate of pay for each classification as set out in Table 1 and 2 of Part B, Monetary Rates of this Award.

 

(viii)     The Rates of Pay as prescribed in Table 1 and 2 of Part B, Monetary Rates of this Award, shall be varied at the same percentage and/or amount in accordance with any variations to Rates of Pay in the Parent Award.

 

(ix)       In any event no employee shall receive any less than that provided for in the Parent Award.

 

23.  Annual Leave

 

See Annual Holidays Act 1944.

 

(i)         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 between the employer and the employee.

 

24.  Annual Leave Loading

 

(i)         After an employee has worked for the employer for 12 consecutive months the employer will pay the employee a loading of 17 1/2 per cent on the employee's annual holiday pay each time the employee takes holidays, or on termination of employment.

 

(ii)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences referred to in subclause (i) of clause 24 Annual Leave, until at least five consecutive annual leave days are taken.

 

25.  Public Holidays

 

(i)         The following days or the days observed as such shall be holidays, viz, New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day and or days proclaimed as public holidays throughout the State.  The third Monday in February of each year, which shall be observed as the picnic day of the Union, also shall be a holiday for the purpose of this Clause.

 

(ii)        Full-time employees that work on any of the holidays prescribed by subclause (i) of this Clause shall be paid for at the rate of double time and one half of the appropriate weekly rate of pay with a minimum payment of four hours.

 

(iii)       Full-time employees whose weekly holidays prescribed in Clause 21, Rostered Days Off, of this Award, are given on any of the holidays prescribed by subclause (i), of this Clause, shall receive one of the following:

 

(a)        an additional day’s pay; or

 

(b)        an additional day added to annual leave; or

 

(c)        an additional day off with pay to be given with 28 days;

 

(iv)       An employee may be required to work on a public holiday upon which his rostered day off falls, in which case he shall be paid in accordance with subclauses (ii) and (iii) hereof.

 

(v)        Full-time employees and Casual employees that work on any of the holidays prescribed by subclause (i) of this Clause shall be paid the appropriate hourly rate of pay for each classification as set out in Table 1 and 2 of Part B, Monetary Rates of this Award.

 

(vi)       The Rates of Pay as prescribed in Table 1 and 2 of Part B, Monetary Rates of this Award, shall be varied at the same percentage and/or amount in accordance with any variations to Rates of Pay in the Parent Award.

 

(vii)      In any event no employee shall receive any less than that provided for in the Parent Award.

 

26.  Sick Leave

 

(i)         An employee other than a casual employee, who completes not less than one months’ continuous service with the employer shall become entitled to sick leave for each completed year of their employment with the employer as specified in subclause (ii) hereunder.

 

(ii)        Full time and Part time employees in their first year of employment shall accrue sick leave entitlements of five days in the first year . In the second and subsequent years an employee will be entitled to 8 days each year thereafter.

 

(iii)       Every employee absent from work through personal illness or injury on the production of a certificate from a duly qualified medical practitioner specifying the nature of the illness of the employee and the period or approximate period during which the employee will be unable to work, or other evidence of illness, to the satisfaction of the Employer, such as a statutory declaration, and subject to the employee having promptly notified the Employer (within twenty four hours of the commencement of a shift unless unable to do so) of the illness and of the approximate period aforesaid shall, subject to the provisions herein, be entitled to payment in full for all time absent from work.

 

(iv)       Provided that it shall not be necessary for an employee to produce such a certificate if the absence from work on account of illness does not exceed one day. Where an employee has a record of recurring absences or sick leave the Employer shall, if it is considered appropriate to take such action, inform such employee that in the event of future absences a certificate will be required from a duly qualified medical practitioner.

 

(v)        Provided further that an employee on sick leave shall keep his or her employer informed as to the anticipated date for the resumption of normal duties.

 

(vi)       Sick leave shall be fully cumulative.

 

(vii)      The continuity of employment of an employee with an Employer for sick leave accumulation purposes shall be deemed to be not broken by any of the following:

 

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

 

(b)        the employee having been dismissed or stood down by the Employer, or the employee having terminated employment with the Employer, for any period not exceeding three months:

 

(c)        Provided that employee shall have been re-employed by that Employer.

 

(viii)     As of March 1, 1995, Where an employee accumulates 5 days of untaken sick leave in year then such employee shall have 1 days paid annual leave added to his/her entitlement for that year. For each additional accumulation of 5 days of untaken sick leave a further 1 days paid annual leave will be added.

 

27.  Jury Service

 

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

 

(ii)        The employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of such attendance, the duration of such attendance and the amount received in respect of such jury service.

 

28.  Parental Leave

 

An employee, other than a casual employee shall be entitled to maternity, paternity or adoption leave in connection with the birth or adoption of a child, subject to and in accordance with the relevant provisions of the Parent Award or the Industrial Relations Act 1996.

 

29.  Paid Stop Work Meetings

 

Full-time employees, together with those casual employees rostered on at the time and on the day on which an authorised meeting is held, who are members of the Union shall be allowed two stop-work meetings per annum, authorised by the President and/or Secretary of the State Divisional Branch of the Union, without loss of ordinary pay, for the purpose of discussing matters affecting the Award, provided that the following conditions are observed:

 

(i)         At least 14 days notice of such meeting is given to the employer.

 

(ii)        The period of the meeting, which shall commence after 11.00 am on any day, shall be not more than two hours duration, including all necessary travelling time, and the employees rostered on shall return by 1.00 pm on that day.

 

(iii)       Payment shall be made for the period that the full-time employee was rostered for duty, or, in the case of a casual employee, for the time rostered on and the employee was in attendance at the meetings as set out in subclause (ii) above.

 

(iv)       The meeting shall be held at a time, which causes minimum disruption to the employers operation at the Site.

 

(v)        Payment of wages shall be made only upon the Employer being in receipt of satisfactory evidence of the employees attendance at the meeting.

 

(vi)       Skeleton crewing arrangements will be agreed upon between the Union and the Employer for the duration of the meeting.

 

(vii)      Employees who are not members of the Union and who are rostered for work on the day and for the duration of the stop-work meeting of Union members will be required to work as rostered.

 

(viii)     Where the operations at the Site are required to continue during the time of a meeting and sufficient employees who are not members of the Union are not available, Union members who freely volunteer to work during the time of the meeting shall be entitled to attend a separate paid stop-work meeting in accordance with this clause.

 

30.  Long Service Leave

 

See Long Service Leave Act 1955.

 

31.  Personal/Carers Leave

 

(i)         Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 27, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

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

 

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

 

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

 

(ii)        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 (ii) of paragraph (c) of subclause (1) who is ill.

 

(iii)       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.

 

(iv)       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 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.

 

(v)        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.

 

(vi)       Rostered Days Off

 

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

 

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

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the 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.

 

32.  Bereavement Leave

 

(i)         An employee, other than a casual employee, after one months continuous employment and on production of evidence satisfactory to that employer shall, on the death of a person prescribed in subclause (c) of clause 32, Personal/Carers Leave of this award, be granted a maximum of three days on full pay in any one year as compassionate leave;

 

(ii)        Provided that such leave shall be granted to an employee in respect to the death of a near relative outside of Australia if such employee attends the funeral and subsequently returns to the employees employment, in which case the payments for such leave shall be made to the employee upon such employees return.  Provided furthermore, that where a memorial service in the year of the death is held within Australia for a death, compassionate leave of one days duration shall be provided where satisfactory evidence is produced to the employer.1

 

33.  Uniforms and Protective Clothing

 

(i)         All employees shall be supplied with a uniform or overalls.  In the case of employees working full-time, the first issue shall be two uniforms or pairs of overalls.

 

(ii)        Employees required to launder their uniforms supplied by the employer shall be entitled to the payment of an allowance as provided for in Table 3 - Other Rates, of Part B, Monetary Rates of this Award.

 

(iii)       All employees required to work in wet conditions shall be supplied with protective waterproof clothing.

 

(iv)       All employees shall be supplied with safety glasses where required, by the employer.

 

(v)        All employees required by the employer to drive lifts and to wear a uniform shall have such uniform replaced as required by the employer.

 

(vi)       All items of uniform or protective clothing issued to employees shall remain the property of the employer.

 

(vii)      The Rates of Pay as prescribed in Table 3 - Other Rates, of Part B, Monetary Rates of this Award, shall be varied at the same percentage and/or amount in accordance with any variations to Rates of Pay in the Parent Award.

 

(viii)     In any event no employee shall receive any less than that provided for in the Parent Award.

 

34.  Meals Allowance

 

(i)         When an employee is requested to work overtime which extends more than 60 minutes after the due ceasing time, and such overtime was not notified to the employee the previous day to the time the said overtime is to be worked, an employee shall be entitled to an allowance as provided for in Table 3 - Other Rates, of Part B, Monetary Rates of this Award.

 

(ii)        The Rates of Pay as prescribed in Table 3 - Other Rates, of Part B, Monetary Rates of this Award, shall be varied at the same percentage and/or amount in accordance with any variations to Rates of Pay in the Parent Award.

 

(iii)       In any event no employee shall receive any less than that provided for in the Parent Award.

 

35.  Role of the Union

 

(i)         The Union commits itself to promoting a harmonious and productive workplace environment in which employees are committed to the organisation and every effort is made to ensure that agreed dispute settlement procedures are followed.

 

Nothing in this clause will require the employer to engage any person who in its opinion, is not qualified, is unable, or is not suitable to perform the necessary work.

 

(ii)        The Employer recognises that, as part of its role in representing its members and in contributing to the efficient operation of the employer, the Union will have the opportunity for representatives of its membership employed by the Employer to participate in dispute resolution and grievance handling procedures and consultations on training/workplace change and reform.

 

(iii)       In applying the terms of this Award to its employees the employer will make no distinction between employees who are members of the Union and employees who choose not to be members of the Union.

 

(iv)       The Employer will deduct Union membership dues, as levied by the Union in accordance with its rules, from the pay of employees who are members of the Union.  Such monies collected will be forwarded to the Union at the beginning of each month together with all necessary information to enable the reconciliation and crediting of subscriptions to members’ accounts.

 

36.  No Reduction in Wages

 

No existing employee shall suffer any deduction in pay by virtue of the provisions contained in this Award.

 

37.  Mixed Functions

 

An employee, who is required by the employer to carry out work on a temporary basis that carries a higher rate of pay, shall be paid the higher rate while doing that work. An employee required to perform work for which a lower rate of pay is applicable shall suffer no reduction in pay.

 

38.  Anti - Discrimination

 

(i)         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 ground of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)        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.

 

(iii)       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.

 

(iv)       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 practise 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.

 

(v)        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.

 

39.  Area, Incidence and Duration

 

(i)         This award shall apply to all employees of the classes herein mentioned who are employed by IPF Foods Pty Limited (ABN 49 101 101 642) trading as Independent Foods.

 

(ii)        This award shall take effect from the first full pay period to commence on or after 11 September 2001 and shall remain in force for a period of two years.

 

(iii)       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 18 December 1998 (308 I.G. 307) take effect on 18 February 2005.

 

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

 

40.  Review of Award

 

The parties undertake to commence discussions on a replacement Award three months prior to the expiry date of this Award.

 

PART B

 

MONETARY RATES

 

Table 1A - Permanent Full Time Employees

 

 

Table 2 - Casual Employees, Hourly Rates Include Pro Rata Annual Leave

 

 

Table 3 - Other Rates

 

 

 

P. J. SAMS  D.P.

 

 

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Printed by the authority of the Industrial Registrar.