NORCO CO-OPERATIVE CONSENT ENTERPRISE AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 837 of 2005)

 

 

AWARD

 

1.  Arrangement

 

Clause No.          Subject Matter

 

PART A

 

1.         Title

2.         Parties

3.         Preamble

4.         Contract of Employment

5.         Definitions

6.         Wages

7.         Allowances

8.         Hours of Work

9.         Thirty-Eight Hour Week

10.       Meal Breaks

11.       Shift Allowances for Shift Workers

12.       Industry Conditions

13.       Overtime

14.       Mixed Functions

15.       Saturday and Sunday Work

16.       Holidays

17.       Annual Leave

18.       Annual Leave Loading

19.       Long Service Leave

20.       Sick Leave

21.       Payment of Wages

22.       Rest Pauses

23.       Accommodation

24.       Bereavement Leave

25.       Personal/Carer’s Leave

26.       Parental Leave

27.       Trade Union Training Leave

28.       Superannuation

29.       Jury Service

30.       Dispute Settlement Procedure

32.       Anti-Discrimination

32.       Grievance Procedure

33.       Consultative Mechanism

34.       Training

35.       Redundancy

36.       Further Consent Variation

37.       Future Amendments

38.       Term of Award

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates for Dairy Production Employees

Table 2 - Wage Rates for Maintenance Employees

Table 3 - Wage Rates for Rural Stores Employees

Table 4 - Wage Rates for Feed Mill Employees

Table 5 - Wage Rates for Administration Employees

Table 6 - Other Rates and Allowances

 

CLASSIFICATION STRUCTURES

 

Appendix 1 - Dairy Group Classification Structure

Appendix 2 - Maintenance Group Classification Structure

Appendix 3 - Rural Stores Group Classification Structure

Appendix 4 - Feed Mill Group Classification Structure

Appendix 5 - Administration Group Classification Structure

 

PART A

 

1.  Title

 

The title of this Award shall be the "Norco Co-operative Consent Enterprise Award", otherwise referred to herein as the "Award".

 

2.  Parties

 

The Parties to this Award are Norco Co-operative (the Company), the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch, the Automotive, Food, Metals and Engineering Union, the Federated Clerks Union of Australia, NSW Branch and the Electrical Trades Union of Australia, New South Wales Branch, National Union of Workers, New South Wales Branch, Shop Distributive And Allied Employees Association New South Wales Branch (the Unions).

 

3.  Preamble

 

(a)        The Parties agree the objectives of this Award are to facilitate the:

 

(i)         efficiency and productivity of the Company's business for the benefit of its employees, customers, shareholders and community at large;

 

(ii)        profitable manufacture of the highest quality products at the lowest cost;

 

(iii)       development and maintenance of a harmonious and mature consultative relationship.

 

(b)        The Parties recognise that important in achieving these objectives is:

 

(i)         a working environment in which all employees are involved in decisions affecting them, care about their jobs and each other, have the opportunity to achieve their full potential, take pride in themselves and their work and benefit from the success of their efforts;

 

(ii)        the need for flexibility of jobs and duties within and between work areas, subject only to limitations imposed by individual skill levels.

 

(c)        The Parties to this Award therefore agree that:

 

(i)         the Parties will work co-operatively towards the objectives of the Norco Co-operative Consent Enterprise Award for all the Company's employees;

 

(ii)        employees will carry out all duties as are within the limits of their skill, competence and training;

 

(iii)       the Parties will take all steps necessary to avoid any action which disrupts continuity of production by resolving concerns effectively and speedily through use of the consultative mechanism and an agreed dispute settlement procedure;

 

(iv)       employees will co-operate in the implementation of quality assurance techniques;

 

(v)        employees will participate positively in a full audit of the workforce's skills;

 

(vi)       all Unions are to form and act as a single bargaining unit;

 

(vii)      employees will assist with training other employees in accordance with guidelines developed by the Parties;

 

(viii)     the practice that occurs at Lismore site which allows employees to transfer between sections or departments will continue.

 

ix)  The Parties will discuss the formula for productivity payments to be paid at the end of each 12 month term.

 

 

4.  Contract of Employment

 

(i)         An employee shall be engaged as either full-time, part-time or casual and each employee shall be notified before commencing work the of nature of their employment with the Company.

 

(ii)        For all employees (other than casuals), employment shall be terminated with a week's notice on either side or the forfeiture of a week's pay in lieu of notice as the case may be.

 

(iii)       This clause shall not affect the right of the Company to:

 

(a)        deduct payment for any day or portion thereof during which an employee is stood down by the Company as a result of refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee;

 

(b)        dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty, or misconduct and in such cases wages shall be payable up to the time of dismissal only.

 

5.  Definitions

 

Unless the context otherwise indicates or requires, the expressions hereunder defined shall have the respective meanings assigned to them:

 

(i)         "Casual Employee" shall mean an employee engaged by the hour.

 

(ii)        "Part‑time Employee" shall mean an employee who works less than 38 ordinary hours per week under a part-time work agreement and is not a casual employee.  A part-time employee is a person, paid weekly, with a contract of employment based on less than 38 hours per week and is ongoing until terminated by either Party with one week's notice on either side.  A written agreement between the employee and the Company will be established.

 

(iii)       "Weekly Employee" shall mean an employee paid by the week.

 

(iv)       "Day Worker" shall mean an employee whose ordinary hours of duty are worked in accordance with subclauses (i) and (ii) of clause 8, Hours of Work.

 

(v)        "Shift Worker" shall mean an employee, other than a day worker, working on a one, two or three shift system.

 

(vi)       "Union" shall mean the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch and/or the Automotive Food Metals and Engineering Union, New South Wales Branch and/or the Federated Clerks Union of Australia, New South Wales Branch and/or the Electrical Trades Union of Australia, New South Wales Branch and/or National Union of Workers, New South Wales Branch and/or Shop Distributive and Allied Employees Association New South Wales Branch (the Unions).

 

(vii)      "Freezing Room Employee" shall mean a person who is employed in a freezing chamber or outside such chamber at a port or enclosed chute leading therefrom.

 

(ix)       "Freezing Chamber" shall mean an artificially cold chamber the temperature of which is less than minus 1 degree Celsius (30.2 degrees Fahrenheit).

 

6.  Wages

 

(i)         Adults

 

The minimum rates of wages for adult weekly employees shall be the amounts as set out in Table 1 - Wage Rates for Dairy Production Employees; Table 2 - Wage Rates for Maintenance Employees; Table 3 - Wage Rates for Rural Stores Employees; Table 4 - Wage Rates for Feed Mill Employees, and Table 5 - Wage Rates for Administration Employees, of Part B, Monetary Rates.

 

(ii)        Juniors

 

Junior employees may be employed in any work area which is agreed between the Parties.  A junior employee shall be paid, according to age, a percentage of the adult rate of the relevant skill level as set out in (ii) of Part B, Monetary Rates.

 

(iii)       Casual Employees

 

(a)        For all ordinary time worked on any one day, a casual employee, as defined, shall be paid at an hourly rate ascertained by dividing the weekly rate prescribed for an employee of the level at which he/she works by 38, plus 20 per cent.

 

(b)        Casual employees shall be guaranteed four hours' pay at the casual rate for each start.

 

(iv)       Part-time Employees

 

A part-time employee shall receive all the benefits of a weekly employee in proportion to the hours they work.

 

7.  Allowances

 

(i)         Leading Hands - Production Employees

 

Dairy Production Employees engaged as leading hands shall in addition to the appropriate rate of pay prescribed by this Award be paid the amounts set out in Items 23 and 24 of Table 6 - Other Rates and Allowances, of Part B, Monetary Rates.

 

Leading Hands - Maintenance Employees

 

Maintenance Employees engaged as leading hands shall, in addition to the appropriate rate of pay prescribed by this Award, be paid the amounts set out in Items 25 to 27 of the said Table 6.

 

Provided that this subclause shall not apply to an employee classified and paid as a Head Packer (unless such employee is in charge of other than Packers); Production Team Co-ordinator; Storeperson in Charge.

 

(ii)        A driver of a scammel, articulated, semi-articulated vehicle or a driver of a vehicle with a trailer attached shall in addition to his/hers ordinary classified rate of pay be paid (per week) an amount set out in Items 28 and 29 of Table 6.

 

(iii)       Employees employed clearing or cleaning drying boxes shall be paid a rate set out in Item 30 of Table 6 for each wet clean and shall be paid a rate set out in Item 30 of Table 6 for each dry clean.

 

(iv)       Employees operating more than two condensers or evaporating pans or ovens shall be paid a rate set out in Item 31 of Table 6 per week per pan or oven extra.

 

(v)        Employees washing condenser pans, condenser or vacuum holding vats or evaporators shall be paid a rate set out in Item 32 of Table 6 for each flying clean and shall be paid a rate set out in Item 32 of Table 6 for each full clean.

 

(vi)       Junior employees operating the majonnier test shall be paid a rate per week set out in Item 33 of Table 6.

 

(vii)      Junior employees working in a laboratory, other than one employed as a cleaner or a bottle washer, shall be paid per week a rate set out in Item 34 of Table 6.

 

(viii)     An employee operating a pedestrian stacker under conditions specified in subclause (iii) of clause 12, Industry Conditions, shall be paid an additional amount at the rate per week set out in Item 35 of Table 6.

 

(ix)       An employee operating a pedestrian stacker shall be paid an additional amount at the rate per week set out in Item 36 of Table 6.

 

(x)        An employee operating a pedestrian fork lift shall be paid an additional amount at the rate per week set out in Item 37 of Table 6.

 

(xi)       First Aid Allowance

 

An employee who has been trained to render first aid and who is the current holder of an appropriate first aid qualifications (such as a certificate from St John Ambulance or similar body) shall be paid the rate as set out in Item 38 of Table 6 if he/she is appointed by the company to perform first aid duty.

 

(xii)      Laundry Allowance

 

The Company may launder employees clothing or provide washing facilities for the use of employees in working time to wash clothing.  If the Company decides not to provide the facilities or launder employee's clothing, then each employee shall be paid a rate per week set out in Item 39 of Table 6.

 

(xiii)     Motor Vehicle Allowance

 

Reimbursement for private vehicle use is a per kilometre rate based on engine capacity and is as determined by the Australian Taxation Office.

 

8.  Hours of Work

 

Subject to clause 8, Hours of Work, the Company may implement the hours provision in one of the following ways:

 

(i)         Day Workers

 

(a)        The ordinary working hours of a day worker, excepting Rural Stores and Feed Mill Employees, shall be 38 per week to be worked continuously except for meal breaks, Monday to Friday inclusive, between the hours of 6.00 a.m. and 5.00 p.m.  By agreement between the Company and the majority of employees affected, the ordinary hours may be worked between 6.00 a.m. and 6.00 p.m.

 

(b)        The ordinary working hours of a day worker, who is a Feed Mill, Rural Stores or Administration Employee, shall be 38 per week to be worked continuously except for meal breaks, Monday to Saturday inclusive, between the hours of 7.00a.m. and 7.00p.m. for Rural Stores and Administration Employees and 5.30 a.m. and 7.00 p.m. for Feed Mill Employees.

 

(c)        Following discussions and agreement between the Parties to this Award, a majority of the employees concerned and the Company may mutually agree upon starting and ceasing times between the prescribed hours.  Ordinary working hours other than eight per day shall be formalised and set down in a written agreement by the Parties.

 

(d)        By arrangement between the Parties and the majority of employees concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

 

1.         the Parties being guided by the occupational health and safety provisions of the ACTU Code of Conduct for 12 hour shifts;

 

2.         suitable roster arrangements being made; and

 

3.         proper supervision being provided.

 

(e)        Before any vote is taken by employees in the Ice Cream and Freezer Room Section, under this clause, the particular occupational health and other needs of the Freezer Hands will be taken into account.

 

(f)         Part-time employees working less than eight hours on any day may be offered additional hours of work, up to a total of eight for the shift, prior to completion of that rostered shift.  These additional hours will be paid at ordinary rates.  The total number of ordinary hours will not exceed 38 in any week.

 

(ii)        Shift Workers

 

(a)        The ordinary working hours of shift workers shall not exceed an average of:

 

(i)         38 per week; or

 

(ii)        76 in 14 consecutive days; or

 

(iii)       114 in 21 consecutive days; or

 

(iv)      152 in 28 consecutive days.

 

(b)        Notwithstanding the spread of hours prescribed for day workers by paragraph (i)(a) of this clause, the Company and the Unions, Parties to this Award, may implement mutually agreeable shift work provisions in any work unit to meet the circumstances of that work unit.

 

(c)        Notwithstanding anything elsewhere contained in this clause, the start time of shift workers may be varied by the Company with seven days' notice, or otherwise with the agreement of the majority of employees in the work unit for the purposes of meeting the Company's needs.

 

(iii)       All Employees

 

(a)        Notwithstanding other provisions of this clause, the Company may implement a 38 hour week in any one of the following ways:

 

(1)        one day off after 19 days (when the provisions of clause 9, Thirty-Eight Hour Week, shall apply); or

 

(2)        any other agreed method of implementation.

 

(b)        The Company shall advise the Secretary of the respective Union of details of the hours of work from time to time effective for day workers and shift workers.

 

9.  Thirty-Eight Hour Week

 

Subject to clause 8, Hours of Work, the Company may implement the hours provision in one of the following ways:

 

(i)         One Day Off after 19 Days

 

The Company may require employees to work up to eight ordinary hours per day with the additional time in excess of 7 hours 36 minutes being aggregated for accrued leisure time which shall fall due after 19 ordinary weekdays, Monday to Friday, including paid public holidays, paid sick days, paid bereavement leave and paid jury service, subject to the following conditions and limitations:

 

(a)        The day off shall be on a fixed roster basis, unless otherwise agreed between the Company and the employees in the work unit concerned.  Payment for the day off will be on the basis of 0.4 hours for each day worked.  For payment purposes, "a day worked" shall include paid sick leave, paid public holidays, paid jury service and paid bereavement leave, but shall not include annual leave, an extended period of absence on workers' compensation, long service leave, unpaid sick leave or unpaid leave.

 

(b)        The Company shall prepare a roster of days to be taken off as leisure time which will always remain as a notice of advice.

 

(c)        The Company, with the agreement of the employees concerned, may substitute the day employee(s) are to take off for another day.

 

(d)        An employee on planned leisure time off which coincides with a stand down or strike day shall be paid for the credit of leisure time which was rostered off.

 

(e)        In the event of sickness occurring on pre-arranged leisure time, no sick leave deductions will be made; however, the employee shall be paid the leisure payment for that day.

 

(f)         For the purposes of leisure time, all allowances (except shift work allowances) shall be paid as actually worked.

 

(g)        All accrued credits as a result of the 0.4 hours credit towards leisure time will be paid out on the termination of each employee's employment.

 

(h)        Payment for a public holiday which falls on a rostered day off or a short day will be for the ordinary hours the employee would have received had he/she been at work on that day.  The rostered day off or short day may be rescheduled by agreement between the Company and the majority of employees in the work unit.

 

(i)         Where the Company and the employee agree, rostered days off, which occur as a result of employees working in accordance with the provisions of this subclause, may accumulate to a maximum of five days.  These accumulated days may be taken at any time mutually agreed between the Company and employee and shall be taken within six months of accrual.

 

(ii)        Other Agreed Methods of Implementation

 

The Company and the Union may agree upon a different method of implementation which may apply to various groups of employees or all employees in a department or section which is consistent with these principles.

 

10.  Meal Breaks

 

(i)         Day workers shall be allowed not less that 30 minutes nor more than one hour between the hours of 11.00 a.m. and 2.30 p.m. on each working day for the purpose of taking a meal.  Such meal breaks may be staggered within each particular work area in order that full production may be maintained wherever possible.

 

(ii)        Shift workers shall be allowed an interval of 20 minutes each shift for crib at a time agreed upon by the Company and the Union, such interval to be counted as time worked and paid for as such.

 

(iii)       An employee who is called upon to work for more than one hour after or before his/her normal ceasing time shall be allowed not less than 30 minutes for a meal break (or 20 minutes for a crib in the case of shift workers) which shall be taken immediately after the normal ceasing time.

 

(iv)       An employee who is required to work overtime before or after his/her ordinary hours for more than one hour without being notified on the previous day that he/she will be so required to work shall be paid an allowance as set out in Item 40 of Table 6.

 

If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.

 

(v)        Where an employee is required to work during his/her meal period, he/she shall be paid at the rate of double time for work so performed.

 

(vi)       Not more than five hours shall be worked without a break for a meal or interval for crib.

 

(vii)      Any payment for a meal under this clause shall be in addition to any overtime payment under clause 13, Overtime.

 

11.  Shift Allowance for Shift Workers

 

(i)         Dairy Production and Maintenance Employees who are shift workers working on any day of the shifts as defined in this clause shall, in addition to their ordinary rates of pay for the classifications prescribed in clause 6, Wages, for each shift be paid allowances as set out in the following Items 41-44 of Table 6 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Maintenance Employees who are Shift Workers

 

(a)        for work in a period of less than five successive afternoon or night shifts shall be paid for each shift as set out in Item 45 of Table 6 for the first three hours thereof and the allowance as set out in Item 45 for the remaining hours thereof in addition to his/her ordinary rate;

 

(b)

 

1.         during a period of engagement on shift works night shift only; or

 

2.         remains on night shift for a longer period than four consecutive weeks; or

 

3.         works on night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least one third of his/her working time off night shift in each shift cycle, shall during such engagement period or cycle be paid an allowance as set out in Item 46 of Table 6 for all time worked during ordinary working hours on such night shift.

 

(iii)       For the purpose of this clause:

 

(a)        Early morning shift shall mean a shift finishing after 9.00 a.m. and before 2.00 p.m. and for the purposes of preparing mixers may commence at 4.00 a.m.

 

(b)        Afternoon shift shall mean a shift finishing after 6.00 p.m. and at or before midnight.

 

(c)        Night shift shall mean a shift finishing subsequent to midnight and at or before 9.00 a.m.

 

12.  Industry Conditions

 

Working in Cold Temperatures

 

(i)         Other than Freezer Room Employees

 

(a)        Any employee working in an area at an artificially reduced temperature of less than two degrees Celsius shall be paid an allowance as set out in Item 47 of Table 6 or for each hour or part thereof.

 

(b)        Any employee working in an area at an artificially reduced temperature of less than minus one degree Celsius shall paid an allowance as set out in Item 48 of Table 6 per hour or part thereof.

 

(c)        If the temperature goes below minus 18 degrees Celsius after an hour of duty, the employee shall be entitled to refuse to work in such room unless the employee is classified as a freezing room employee under the following conditions.

 

(ii)        Freezing Room Employees

 

(a)        Each employee shall have been medically selected as fit to work in extremely cold conditions.

 

(b)        The Company shall make available free of charge for the use of each employee, freezer boots, coats, caps and gloves, including inner gloves if required.

 

(c)        Any employee working in an area at an artificially reduced temperature of less than minus 16 degrees Celsius shall be paid an allowance as set out in Item 49 of Table 6 per hour or part thereof.

 

(d)        Any employee working in an area at an artificially reduced temperature of less than minus 20 degrees Celsius shall be paid an allowance as set out in Item 50 of Table 6 per hour or part thereof.

 

(e)        Any employee working in an area at an artificially reduced temperature of less than minus 30 degrees Celsius shall be paid an allowance as set out in Item 51 in Table 6 per hour or part thereof.

 

(f)         Employees required to work in temperatures of less than minus 20 degrees Celsius shall be allowed reasonable breaks from such work outside the freezing chamber.

 

(iii)       General

 

(a)        The allowances provided in this clause shall not apply unless the temperature remains at the prescribed level for at least one hour after commencing work.

 

(b)        Time worked which on any day is less than 30 minutes in the aggregate shall be disregarded.

 

(c)        An employee who is overheated through working outside shall be allowed time to cool off before being required to work in a temperature artificially reduced below two degrees Celsius.

 

(d)        For the purpose of this clause, the temperature of a room shall be the temperature of the colder part of such room.

 

(e)        The Company and the Union may agree to incorporate cold temperature allowances in the weekly rate for employees, regard being paid to the time actually spent in freezing rooms, in lieu of the specific payments by this clause.

 

(f)         The amounts provided by this clause each stand alone and are not cumulative.

 

(iv)       Method of Measuring Temperature

 

The method of measuring artificially reduced temperatures shall be to place a thermometer at a height of 1.2 metres in the centre of the work area at least one hour after starting work.

 

Supply of Protective Clothing, Knives and Accessories

 

(v)        The Company shall each year supply, free of cost, two sets of uniforms and head covers to each employee; provided that, if an employee can show to the Company's satisfaction that his/her clothing is subject to excessive wear and tear because of duties entailed in the position, the Company shall supply to the employee such additional clothing as is reasonably necessary; provided that substitute clothing not less favourable may, by agreement between the Company and the Union, be provided in lieu of the overalls.

 

(vi)       For Rural Stores and Feed Mill employees, the Company shall initially supply, free of cost, three sets of industrial clothing/uniforms and thereafter replacement will be based on proof of wear.  Employees will pay $1.00 per week to assist with the supplying of these; provided that, if an employee can show to the Company's satisfaction that his/her clothing is subject to excessive wear and tear because of duties entailed in the position, the Company shall supply to the employee such additional clothing as is reasonably necessary.

 

(vii)      Each employee required to work in a room wherein the temperature has been artificially reduced below two degrees Celsius (35.6 degrees Fahrenheit) shall be supplied, free of cost, with suitable warm clothing for use in such work.  "Suitable warm clothing" means freezer suit or jacket, boots, gloves and cap or balaclava.

 

(viii)     Where the duties of an employee require the use of gloves, they shall be supplied free of cost by the Company.

 

(ix)

 

(a)        Subject to paragraph (b) of this subclause, an employee whose work is performed under wet conditions or who works in all weathers shall be supplied, free of cost, according to the nature of his/her work, with waterproof aprons, gumboots or oilskins.  "Wet conditions" means conditions in which clothing or boots of an employee would, in the absence of protective clothing, become saturated with moisture in the course of his/her work.

 

(b)        Where the Union and the Company agree that the Company will supply, free of cost to an employee, leather boots because of the wetness associated with the employee's work and the Company so supplies such leather boots, the Company shall not be required to supply to the employee gumboots pursuant to paragraph (a) of this subclause.

 

(x)        Any employee applying for new gloves, aprons, boots, or outer garments or knives, steels, pouches, or accessories who fails to return corresponding articles last issued to him/her shall not be entitled to same, without payment therefore at a reasonable price.  The reasonable price shall be determined by agreement between the Company and the employee(s) concerned.

 

(xi)       Upon termination of employment, an employee shall be required to return to the Company the articles last issued to him/her in pursuance of this clause and, in the event of his/her failure to do so without reasonable cause or excuse, the Company shall be entitled to deduct from any monies due to the employee a fair and reasonable sum for the value of such articles as at the time of the termination of employment.

 

13.  Overtime

 

(i)         All time worked outside the ordinary rostered working hours shall be overtime and shall be paid for at the rate of time and one half for the first two hours and double time thereafter; provided that a shift worker called upon to work on a rostered day off, other than a Sunday, or a day worker on a five day week, Monday to Friday inclusive, called upon to work on Saturday shall be paid time and one half for the first two hours and double time thereafter for work on such rostered day off or Saturday respectively.

 

(ii)        An employee who is directed and does attend to work overtime at the hours required by the Company on Saturday, his/her rostered day off, 25 December or Good Friday shall be paid a minimum of four hours at the appropriate rates of pay.

 

(iii)       Where overtime commences on one calendar day and extends into the following calendar day, the whole period of overtime shall be deemed to have been worked on the former day for the purposes of calculation of overtime.

 

(iv)       An employee who is called back to work overtime after leaving the Company's premises (whether notified before or after leaving the premises) shall be paid a minimum of two hours at the appropriate overtime rate for each period so recalled.

 

(v)        Rest Period after Overtime

 

When overtime is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least eight ten consecutive hours off duty (or ordinary shift length) between the work of successive days.  An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least eight ten consecutive hours (or ordinary shift length) off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had eight ten consecutive hours (or ordinary shift length) off duty without loss of pay for ordinary working time occurring during such absence.  If on the instructions of the Company such an employee resumes or continues work without having had such eight ten consecutive hours (or ordinary shift length) off duty, he/she shall be paid at double rates until released from duty for such period and shall then be entitled to be absent until he/she has had eight ten consecutive hours (or ordinary shift length) off duty without loss of pay for ordinary working time occurring during such absence.

 

(vi)       Except as provided in subclause (iii) of this clause, each day shall stand alone in the computation of overtime.

 

(vii)      Time Off in Lieu of Overtime Worked

 

Where an Administration employee performs duty on overtime, the employee may, at his/her request and with the agreement of the Company, subsequently be released from duty in ordinary hours subject to the following conditions:

 

(a)        The agreement shall be in writing and be kept with the time and wages records;

 

(b)        Where an employee takes subsequent time off, the relevant and equivalent period of overtime shall be paid for at ordinary rates of pay.  All other overtime worked for which time off is not taken shall be paid for at the appropriate overtime rate otherwise provided in this agreement;

 

(c)        Where an employee elects to take any period(s) of time off in ordinary hours in accordance with this clause, such time off shall be without pay and shall equate to the relevant period(s) of overtime worked;

 

(d)        Payment for any period(s) of overtime worked and in relation to which the employee elects to take time off may be paid by the employer to the employee in the pay period in which the time off is taken;

 

(e)        An employee may not accumulate more than 24 hours of equivalent time off which shall be taken within four weeks of its accrual.  Where such time off is not taken, the period(s) of overtime shall be paid for in the next relevant pay period at the appropriate overtime rate otherwise applicable.

 

(viii)     Stocktakes in Rural Stores

 

Stocktakes will take place at any time with ten days' notice by the Company.  All time worked outside the normal hours will be paid at the rate of time and one half.  Normal rates of overtime will be paid if ten days' notice is not given.

 

14.  Mixed Functions

 

An employee if employed on a higher class of work shall be paid at the higher rate for all time worked at the higher duty, provided that, if the employee is so employed for more than two hours on any day, he/she shall receive the wages for the higher class of work for the whole of the day and, if he/she is so employed for ten hours or more in any pay week, the employee shall be paid the higher rate for the whole of that pay week.  If an employee is called upon to work on a class of work carrying a lower rate of pay, he/she shall suffer no reduction.

 

15.  Saturday and Sunday Work

 

(i)         All time worked on Saturday which is not overtime shall be paid for at the rate of time and one half.

 

(ii)        All time worked on Saturday which is overtime shall be paid in accordance with clause 13, Overtime.

 

(iii)       All time worked on Sunday which is not overtime shall be paid for at the rate of time and one half.

 

(iv)       All time worked on Sunday which is overtime shall be paid for at the rate of double time.

 

(v)        Any employee who is directed and does attend for duty on Sunday at the hours required by the Company and which is not included in his/her ordinary rostered hours for the week shall be paid a minimum of four hours at the appropriate rate of pay.

 

(vi)       The extra rates prescribed by subclauses (i) and (iii) of this clause shall be in substitution for and not cumulative upon the shiftwork premiums prescribed in clause 11, Shift Allowances for Shift Workers.

 

16.  Holidays

 

(i)         The following days shall be holidays for the purpose of this Award and no deduction shall be made from the wages of weekly hands in respect thereof, namely: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day ‑ April 25, Queen's Birthday, Eight Hour Day, Christmas Day ‑ December 25, Boxing Day, the Picnic Day of the Union to be taken on the first Monday of November and any day proclaimed and observed as a holiday for the State.

 

(ii)        For each holiday which occurs on a working day, an employee shall be deemed to have worked such number of ordinary hours as would have worked had the day not been a holiday.

 

(iii)       Subject to subclause (iv) of this clause, all time worked on Good Friday, Anzac Day - April 25, and Christmas Day - December 25, shall be paid for at the rate of double time in addition to the weekly wage; all time worked on other holidays shall be paid for at the rate of double time and a half; provided, however, that for all time worked on Good Friday, Anzac Day - April 25, and Christmas Day - December 25, in the excess of the hours which would have been ordinary rostered hours, had the day in question not been a holiday, shall be paid for at treble time.

 

(iv)       Notwithstanding the provisions of subclause (iii) of this clause, the Company may elect either:

 

(a)        to give employees two weeks' leave of absence per annum at ordinary rates; or

 

(b)        to give employees one week's leave of absence per annum at ordinary rates and also to pay them one weeks wage's, in lieu of making extra payment, prescribed in subclause (iii) of this clause for holidays.

 

Where the Company elects to observe either of such alternatives, the Company shall make additional payment for those hours which would have been ordinary rostered hours had the day in question not been a holiday as under:

 

Good Friday, Anzac Day - April 25, and Christmas Day - December 25: time and one half in addition to the weekly wage.

 

For all other holidays: half rates in addition to the weekly wage.

 

Time worked on any holiday in excess of the hours which would have been ordinary rostered hours had the day in question not been a holiday shall be paid for at the rate of double time and one half.

 

(v)        The Company's election under subclause (iv) of this clause shall be notified to the Union within 14 days of such election and shall also, within the same time, be notified to the employees by posting in a place conveniently accessible to them.  The Company's election may apply to either the whole of the plant or to section or sections therein.

 

Where the Company has exercised an election under this subclause, the employees whose services are terminated shall, at the time of such termination, be paid in accordance with subclause (iii) of this clause in respect of all holidays standing to his/her credit.

 

Any employee, other than a casual employee, who is directed and does attend for duty on a holiday, at the hours required by the Company, and which is not included in his/her ordinary rostered hours for the week, shall be paid a minimum of four hours at the appropriate rate of pay for each holiday worked.

 

(vi)       Where the Company has not elected to work under paragraphs (a) and (b) of subclause (iv) of this clause, and an employee is rostered off duty on any of the holidays mentioned in subclause (i) of this clause, the employee shall be paid one day's pay or have one day added to his/her annual leave for each holiday rostered off duty.

 

(vii)      Annual leave, as prescribed by the Annual Holidays Act 1944, shall not form any part of the leave of absence prescribed by subclause (iv), of this clause.  Where annual leave or any portion thereof is allowed in conjunction with leave prescribed by subclause (iv) of this clause, the first part of such combined leave shall, to the extent of annual leave allowed pursuant to the Annual Holidays Act 1944, be deemed to be leave pursuant to the said Act.

 

(viii)     An employee absent without leave or reasonable excuse on the working day before a holiday prescribed herein, or the working day after such holiday, shall forfeit wages for the days of absence and for the holiday.

17.  Annual Leave

 

See Annual Holidays Act 1944.

 

18.  Annual Leave Loading

 

(i)         This clause applies only in relation to annual holidays to which employees become or have become entitled.

 

(ii)        In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(iii)       Before an employee is given and takes his/her annual holiday, or, where by agreement between the Company and employee the annual holiday is given and taken in more than one separate period, then, before each of such separate periods, the Company shall pay his/her employee a loading determined in accordance with this clause.  (Note: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance ‑ see subclause (vii) of this clause.)

 

(iv)       The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this Award.

 

(v)        The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this Award (but excluding leave or leave and payment pursuant to subclause (iv) of clause 16, Holidays, and also excluding days added pursuant to subclause (vi) of the said clause 16, to compensate for public or special holidays falling on an employee's rostered day off not worked) and which commences on or after the date of operation of this Award, or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.  (Note: See subclause (vii) of this clause as to holidays taken wholly or partly in advance.)

 

(vi)       The loading is the amount payable for the period or separate period, as the case may be, stated in subclause (v) of this clause at the rate per week of 17.5% of the appropriate ordinary weekly time rate of pay prescribed by this Award for the classification in which the employee was employed pursuant to subclauses (i), (ii), and (iii) of clause 6, Wages, as the case may be, immediately before commencing his/her annual holiday together with, where applicable, the leading hand allowances pursuant to subclause (iv) and the extra rates pursuant to subparagraphs (v)(a)(4) and (v)(a)(5) and the extra rates pursuant to paragraph (v)(b) of the said clause 6, but shall not include the shift allowances prescribed by clause 11, Shift Allowances and Shift Workers, herein, the rate for Saturday and Sunday ordinary work pursuant to subclauses (i) and (iii) of clause 15, Saturday and Sunday Work, any other allowances, penalty rates, overtime rates or any other payment prescribed by this Award.

 

(vii)      No loading is payable to an employee who takes an annual holiday wholly or partly in advance, provided that, if the employment of such an employee continues until the day when would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (vi) of this clause applying the agreement rates of wages payable on that day.  This subclause applies where an annual holiday has been taken wholly or partly in advance and the entitlement to the holiday arises on or after the date of operation of this Award.

 

(viii)     Where, in accordance with the Act and after the date of operation of this Award, the Company's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(a)        An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (vi) of this clause;

 

(b)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.

 

(ix)

 

(a)        When the employment of an employee is terminated by the Company after the date of operation of this Award for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, he/she shall be paid a loading calculated in accordance with subclause (vi) of this clause for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

(x)        This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker pursuant to subclause (iii) of clause 8, Hours of Work, if he/she had not been on annual holidays, provided that, if the amount to which the employee would have been entitled by way of allowances for shifts pursuant to clause 11, Shift Allowances for Shift Workers, and the rates for Saturday and Sunday shifts pursuant to clause 15, Saturday and Sunday Work, for ordinary shifts which would have worked according to shift roster, if he/she had not been on annual holiday (not including time on a public or special holiday pursuant to clause 16, Holidays) exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

 

19.  Long Service Leave

 

See Long Service Leave Act 1955.

 

20.  Sick Leave

 

(i)         An employee, in continuous service with the Company, who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity not due to his/her own serious and wilful misconduct, shall be entitled to be paid at ordinary rate of pay for the time of such non‑attendance subject to the following:

 

(a)        he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation, provided, however, that the Company shall pay to such an employee, if the employee so requests, and who has sick leave entitlement under this clause, the difference between the amount received as workers' compensation and full pay.  If the Company pays such difference, the employee's sick leave entitlement under this clause shall, for each week during which such difference is paid, be reduced by that proportion of 38 hours which the difference paid bears to full pay.

 

(b)        he/she shall, as soon as is reasonably possible so as to allow the Company to make alternative arrangements and within 24 hours of the commencement of such absence, inform the Company of his/her inability to attend for duty and as far as possible state the nature of the illness or incapacity and the estimated duration of the same.

 

(c)        he/she shall prove to the satisfaction of the Company (or in the event of a dispute the Conciliation Committee) that he/she is or was unable, on account of such illness or incapacity, to attend for duty on the day or days for which payment under this clause is claimed.

 

(d)        an employee with more than 12 months' service shall be entitled, in respect of any year of continued employment, to sick pay of ten working days.  An employee with less than 12 months' service shall be entitled, in respect of the first year of continued employment to sick pay of five working days.  Any period of paid sick leave allowed by the Company to the employee in any such year shall be deducted from the period of sick leave which may be allowed or carried forward in this Award in respect of such year.

 

(ii)        The rights under this clause shall accumulate from year to year so long as the employment continues with the Company so that any part of leave pursuant to paragraph (i)(d) of this clause which has not been allowed in any year may be claimed by the employee and shall be allowed by the Company, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment.

 

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

 

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

 

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

 

21.  Payment of Wages

 

(i)         All employees shall be paid weekly in the Company's time not later than Friday of each week; provided, however, that the pay period specified herein may be varied at any time by agreement between the Union and the Company, but at no time will the Company hold more than two days in hand.

 

(ii)        The Company may elect to pay the employee by cheque, direct deposit to personal account by electronic funds transfer or cash.

 

22.  Rest Pauses

 

(i)         A rest pause of ten minutes each forenoon and a rest pause of ten minutes each afternoon shall be allowed each day worker, for all employees except Rural Stores, Administration and Feed Mill employees who will receive one ten minute break.

 

(ii)        A rest pause of ten minutes during the first part of the shift and a rest pause of ten minutes during the second part of the shift shall be allowed each shift worker.

 

(iii)       Rest pauses shall be taken at such times as may be mutually arranged between the Company and the Union and may be staggered to suit the particular work requirements of each section so that full production levels may be maintained.

 

(iv)       Rest pauses shall be counted as time worked and shall be paid for as such.

 

23.  Accommodation

 

(i)         The Company shall provide for the use of the employees:

 

(a)        a dressing room containing hot and cold showers;

 

(b)        adequate lockers fitted with lock and key;

 

(c)        where females are employed a rest room with suitable resting facilities for their use;

 

(d)        facilities for boiling water for meals and at rest pauses (unless boiling water is supplied by the Company);

 

(e)        where so requested by ten or more employees, who regularly use bicycles for transport to and from their employment, a suitable structure for storing bicycles with protection from sun and rain.

 

(ii)        The Company, with the co‑operation of the employees, shall cause all accommodation to be kept in a clean and sanitary condition.

 

(iii)       Accommodation for females shall be separate from that of males.

 

24.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days' bereavement leave without deduction of pay on each occasion of the death in Australia of a person prescribed in subclause (iii) of this clause.  Where the death of a person as prescribed by the said subclause (iii) is a near relative, the employee shall be entitled to three days' bereavement leave.  For the purpose of this clause, "near relative" means a parent (including step-parent), spouse (including de facto), child (including step child), brother, sister, mother-in-law or father-in-law.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide, to the satisfaction of the employer, proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (1)(c)(ii) of clause 25, Personal/Carer's Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 25.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

25.  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 clause 20, 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.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (1)(c)(ii) of this clause who is ill.

 

(3)        Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the Parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4)        Time Off in Lieu of Payment for Overtime

 

(a)        For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of clause 13, Overtime, the following provisions shall apply.

 

(b)        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.

 

(c)        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.

 

(d)        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.

 

(e)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the Award.

 

(5)        Make-Up Time

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        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.

 

26.  Parental Leave

 

See Industrial Relations Act 1996.

 

27.  Trade Union Training Leave

 

(a)        Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the Union to which he/she belongs shall, upon application in writing to the employer, be granted up to 2 six days' leave with pay each calendar year non-cumulative to attend courses conducted by the Union or approved training.

 

(i) Such courses shall be designed and structured with the objective of promoting good industrial relations within the Dairy Industry.

 

(ii) Consultation may take place between the parties.

 

(b)        For the purposes of this clause, an accredited representative of the Union shall mean a delegate or co delegate recognised by the employer.

 

(c)        The application for leave shall be given to the employer at least four weeks in advance or a shorter period by agreement of the date of commencement of the course.  The application for leave shall contain the following details:

 

(i)         the name of the employee seeking the leave;

 

(ii)        the period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and

 

(iii)       the title, general description and structure of the course to be attended and the location of where the course is to be conducted.

 

(d)        The employer shall advise the Union within two weeks (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved.  Leave shall not be unreasonably withheld.

 

(e)        The time of taking leave shall be arranged so as to minimise any adverse effect on the employer's operations.

(f)         Norco shall not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary time earnings for such absence.  For the purpose of this clause, ordinary time earnings shall be defined as the relevant Award classification rate, including supplementary payments, shift work loadings where relevant plus overaward payments where applicable.

 

(g)  Leave rights granted in accordance with this clause will not result in additional payment for alternative time off to the extent that the course attended coincides with an employee's day off in the 19-day month work cycle or with any concessional leave.

 

(hg)        Employees on request by their employer shall provide proof of their attendance at any course within 7 days14 days.If an employee fails to provide such proof, the employer may deduct any amount already paid for attendance from the next week's pay or from any other moneys due to the employee.

 

(ih)        Where an employee is sick during a period when leave pursuant to this clause has been granted, proof of attendance at the course is not required for that period and the employee shall receive payment if entitled under the provisions of clause 20, Sick Leave.

 

(ji)         Leave of absence granted pursuant to this clause shall count as service for all purposes of this Award.

 

(kj)         Any dispute as to any aspect of the operation of this clause shall be resolved in accordance with the dispute settlement procedure of this Award.

 

28.  Superannuation

 

The subject of superannuation is dealt with extensively by federal legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, 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.

 

(i)         Definitions

 

(a)        "Scheme" means any fund, the trust deed of which meets the Commonwealth Government's standards for occupational superannuation.

 

(b)        "Employee's ordinary weekly earnings" means the Award classification rate, including any overaward, supplementary payment and shift premium components.

 

(ii)        Contributions

 

Norco shall, for each employee, contribute the appropriate percentage of the employee's ordinary weekly earnings as required by the Superannuation Guarantee (Administration) Act 1992 to a scheme nominated by the employee (which is currently eight per cent).

 

(iii)       Savings

 

This clause shall not have the effect of lowering more generous contributions employers make to schemes on behalf of employees under a Company superannuation scheme.

 

29.  Jury Service

 

An employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of ordinary time he/she would have worked had he/she not been on jury service.

 

An employee shall notify his/her employer as soon as possible of the date upon which he/she is required to attend for jury service.  Further, the employee shall give his/her employer proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service.

 

30.  Dispute Settlement Procedure

 

A procedure for the avoidance of industrial disputes shall apply in establishments covered by this agreement.

 

The objectives of the procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussion; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages.

 

(i)

 

(a)        An individual employee or group of employees, with any problem, complaint, query, misunderstanding or grievance, shall first raise the matter with the Supervisor of the work area.  The Supervisor will make every effort to respond within 24 hours.

 

(b)        In the event that the matter remains unresolved, the employee or employees shall then refer the matter to the Union Delegate who will attempt to resolve the matter with the Manager of the work area.  The Manager will make every effort to respond within 24 hours.

 

(c)        In the event of failure to resolve the matter at job level, discussions will take place between a Union Organiser and a Senior Manager on the site.

 

(d)        If the matter is still unresolved, the Union Secretary or his/her representative will confer with Senior Management of the Company.

 

(e)        In the event of no agreement still being reached, the dispute will be referred to the Industrial Registrar of New South Wales for resolution.

 

(ii)        During the discussions, the "status quo" shall remain and work shall proceed normally in accordance with the Award and without stoppage or the imposition of any ban, limitation or restriction.  "Status quo" shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.

 

(iii)       It is noted that the Parties would expect genuine safety issues to be resolved as a matter of urgency and that unsafe work obviously would not proceed.

 

31.  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 (NSW) to prevent and eliminate discrimination in the workplace on the grounds 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.  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.

 

(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 practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a Party to this Award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

(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.

 

Notes:

 

1.          Employers and employees may also be subject to commonwealth anti-discrimination legislation.

 

2.          Section 56(d) of the Anti - Discrimination Act 1977 provides:

 

"Nothing in the Act affects...any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

32.  Grievance Procedure

 

Every individual employee may raise a grievance regarding any aspect of their employment with their supervisor.  This grievance should be resolved quickly and co-operatively to the mutual satisfaction of all concerned.  The resolution may involve discussions with other employees, Union officials, management and any other people who can facilitate resolution.

 

33.  Consultative Mechanism

 

Each plant, depot or business unit of the Company shall establish a consultative mechanism and procedures appropriate to its size, structure and needs for consultation and negotiation on matters affecting its efficiency and productivity.

 

34.  Training

 

The Parties to this Award shall establish a training plan, incorporating a tasks and skills survey and establishing a policy of competency based training.  The question of payment of wages during training will be addressed.

 

35.  Redundancy

 

(i)         Application

 

(a)        This clause shall apply in respect of full-time and part-time employees.

 

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

 

(c)        Notwithstanding anything contained elsewhere in this clause, 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)        Employer’s Duty to Notify

 

(1)        Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the Union to which they belong.

 

(2)        "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

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

 

(b)        Employer’s Duty to Discuss Change

 

(1)        The employer shall discuss with the employees affected and the Union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes.

 

(2)        The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) above.

 

(3)        For the purpose of such discussion, the employer shall provide to the employees concerned and the Union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iii)       Redundancy

 

(a)        Discussions before Terminations

 

(1)        Where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (ii)(a)(1) above, 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.

 

(2)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) above and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(3)        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.

 

(iv)       Termination of Employment

 

(a)        Notice 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 subparagraph (ii)(a)(1) above.

 

(1)        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

 

(2)        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.

 

(3)        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.

 

(b)        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 subparagraph (ii)(a)(1) above:

 

(1)        In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

 

(2)        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.

 

(3)        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.

 

(c)        Time Off during the Notice Period

 

(1)        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.

 

(2)        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.

 

(d)        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.

 

(e)        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.

 

(f)         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.

 

(g)        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.

 

(h)        Transfer to Lower Paid Duties

 

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

 

(v)        Severance Pay

 

(a)        Where an employee is to be terminated pursuant to subclause (iv) above, 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:

 

(1)        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

 

(2)        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 and over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(3)        "Week's 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, overaward payments, shift penalties and allowances provided for in the relevant award.

 

(b)        Incapacity to Pay

 

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 paragraph (a) above.

 

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 (i) above will have on the employer.

 

(c)        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 paragraph (a) above if the employer obtains acceptable alternative employment for an employee.

 

36.  Further Consent Variation

 

The Company, employees within the Dairy and Maintenance Groups, the Australasian Meat Industry Employees’ Union, Newcastle and Northern Branch, and the Automotive, Food, Metals and Engineering Union, New South Wales Branch are currently negotiating an Enterprise Agreement.  Once finalised and approved, it will regulate the terms and conditions of employees within the Dairy and Maintenance Groups, whose terms and conditions are currently regulated by the Norco Co-operative Limited Ice Cream Business Unit Enterprise Agreement 2002-2004.  Such negotiations are expected to result in a new classification structure for employees within the Dairy and Maintenance Groups, with minimum wage rates for each classification and increased allowances.

 

The Parties to this Award agree that, when the relevant Parties apply to the Commission for the approval of the 2004 Ice Cream Business Unit Enterprise Agreement, the Parties to the Award will consent in an application under section 17(3)(a) of the Industrial Relations Act 1996 to vary the Award only in the following respects:

 

(a)        vary the classification structure for employees within the Dairy and Maintenance Groups to reflect the classifications in the 2004 Ice Cream Business Unit Enterprise Agreement;

 

(b)        vary the wage rates for employees within the Dairy and Maintenance Groups; however, such variations will be effectively the same or very similar to the wage rates currently in this Award; and

 

(c)        increase the allowances for employees within the Dairy and Maintenance Groups to the amounts in the 2004 Ice Cream Business Unit Enterprise Agreement; however, such increases will not apply to other employees covered by this Award.

 

37.  Future Amendments

 

The Parties agree for five years after 31 August 2004 not to make any further applications to rescind this Award.

 

36 38.  Term of Award

 

(a)        This Award shall apply to all employees of the Norco Co-operative in the State of New South Wales of the classifications specified herein.

This Award regulates totally the terms and conditions of employment previously regulated by the Norco Co-operative Consent Enterprise Award, Matter No. IRC 346, 22nd March, 1994, and the Shop Employees (State) Award, Animal Food Makers (State) Award, Clerks (State) Award.

 

(b) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Norco Consent Enterprise Award 1996-1998, 15 August 1997 (300 IG 476) and all variations thereof.

 

(c) The Award published 15 August 1997 took effect from the beginning of the first pay period to commence on or after 1 July, 1996  and the variations thereof incorporated herein on the June 2001.

(d)

(b)        This Award rescinds and replaces the Norco Co-operative Consent Enterprise Award published 16 August 2002 (335 I.G. 946).

 

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

 

(c)        This Award shall take effect from 3 March 2005 for a period 12 months.

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates for Dairy Production Employees

 

 

Table 2 - Wage Rates for Maintenance Employees

 

 

Note: Tool allowance of $9.20 where applicable for trades people and electricians licence allowance of $21.90 to be added to these rates for electricians for all purposes

 

Table 3 - Wage Rates for Rural Stores Employees

 

 

Table 4 - Wage Rates for Feed Mill Employees

 

 

Table 5 - Wage Rates for Administration Employees

 

 

Table 6 - Other Rates and Allowances

 

 

Under 21 years of age ( Junior Clerical and Retail Employees)………………………….$386.80 per week

 

 

APPENDIX 1

 

DAIRY GROUP CLASSIFICATION STRUCTURE

 

(i)         Production Employee 1 is an employee appointed by the Company to this grade who shall be required to perform any one or more of the functions within this grade.

 

(a)        General Hand

 

(b)        General Hand - Laboratory

 

(c)        Packer

 

(d)        Machine Operator

 

(e)        Gardener

 

(f)         Employee responsible for cleanliness of plant and factory

 

"Packer" means an employee cutting product by wire for bulk packing, feeding product into packing machine, weighing, wrapping in bulk, boxing in bulk, ramming, handling finished product into storeroom and stacking and unstacking in storeroom.

 

"General Hand (Laboratory)" means an employee engaged in a laboratory washing bottles, labelling containers for samples and performing general cleaning duties.

 

(ii)        Production Employee 2 is an employee appointed by the Company to this grade who shall be required to perform any one or more of the functions within this grade and may be required to perform any of the duties for which they are trained under Production Employee 1.

 

(a)        Tally, Record and Dispatch Hand (Plants and Depots)

 

(b)        Evaporator Operator (Single Effect)

 

(c)        Ice Cream Mix Maker or Machine Operator

 

(d)        Syrup Maker

 

(e)        Head Packer

 

(f)         Special By-Product Machine Operator

 

(g)        Milk Drier Operator (Roller)

(h)        Milk and Cream Tester

 

(i)         Pasteuriser and/or Cooler and/or Tanker Flowmeter Operator

 

(j)         Spray Milk Drier Operator's Assistant

 

(k)        Operator Carton or Bottling Machine

 

(l)         Cultured Product Maker

 

(m)       Forklift Operator

 

(n)        Storeperson

 

(o)        Freezing Room Employee

 

"Milk and/or Cream Tester" means an employee determining by any test the purity and fat content of milk and/or cream.

 

"Cultured Product Maker" means an employee who mixes and cultures product, measures P.H. and controls hot and cold water and is in direct control of the process.

 

(iii)       Production Employee 3 is an employee appointed by the Company to this grade who shall be required to perform any one or more of the functions within this grade and may be required to perform any of the duties for which they are trained under Production Employee 1 and 2.

 

(a)        Storeperson in charge

 

(b)        Milk Drier Operator (Spray)

 

(c)        Assistant Cheesemaker

 

(d)        Milk and Cream Grader

 

(e)        Laboratory Assistant

 

(f)         Multi-Function Pasteuriser Operator I

 

"Milk and/or Cream Grader" means an employee determining by sight, scent, taste or other means the quality or grade of milk and/or cream.

 

"Storeperson in Charge" means an employee who is responsible for store and records and/or purchasing replacements and/or in charge of other employees in the store.

 

"Multi-Function Pasteuriser Operator I" means an employee directly responsible for the receival and preparation of milk ready for further product processing and is responsible for some basic analytical testing as is required by recognised Industry Standards.

 

(iv)       Production Employee 4 is an employee appointed by the Company to this grade who shall be required to perform any one or more of the functions within this grade and may be required to perform any of the duties for which they are trained under Production Employee 1, 2 and 3.

 

(a)        Cheesemaker

 

(b)        Evaporator Operator (Multiple Effect)

 

(c)        Butter or Butter Oil Maker

 

(d)        Laboratory Person in Charge

 

(e)        Ice Cream Control Room Operator

 

(f)         Multi-Function Pasteuriser Operator II

 

"Buttermaker" means an employee directly controlling the processes of the manufacture of butter and who performs and/or directly supervises the actual process of manufacture after buttermilk has been drained from the churn.

 

"Cheesemaker" means an employee directly controlling the processes of the manufacture of cheese and who performs and/or directly supervises the addition of ingredients to milk, setting and cutting and making of tests.

 

"Ice Cream Control Room Operator" means an employee directly controlling the processes of the manufacture of ice cream and who knows formulas, weighs off, formulates and directly supervises the process of manufacture

 

"Multi-Function Pasteuriser Operator II" means an employee directly responsible for the receival and preparation of milk ready for further product processing and is responsible for the full range of chemical analysis of product as is required by recognised Industry Standards.

 

APPENDIX 2

 

MAINTENANCE GROUP CLASSIFICATION STRUCTURE

 

(i)         Maintenance Employee 1 is an employee who has completed an Engineering Certificate II or equivalent training so as to enable them to perform work within the scope of this level.  An employee at this level performs work above and beyond the skills of an employee at Production Employee 3 and to the level of their training:

 

(a)        Works from complex instructions and procedures

 

(b)        Assists in the provision of on-the-job training to a limited degree

 

(c)        Co-ordinates work in a team environment or works individually under general supervision

 

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

 

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

 

Boiler Attendant

 

Uses precision measuring instruments

 

Machine setting, loading and operation

 

Rigging (Certificated)

 

Inventory and store control, including:

 

licenses operation of all appropriate materials handling equipment

 

use of tools and equipment within the scope (basic non-trades) maintenance

 

computer operation at a level higher than that of a Production Employee 3

 

Intermediate keyboard skills

 

Basic engineering and fault finding skills

 

Performs basic quality checks on the work of others

 

Licensed and certified for forklift, engine driving and crane driving operations to a level higher than Production Employee 3

 

Has a knowledge of the employer's operation as it relates to the production process

 

Lubrication or production machinery equipment

 

Assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainees

 

(ii)        Maintenance Employee 2 is an employee who holds a Trade Certificate or Tradespersons Rights Certificate as a Mechanical, Fabrication or Electrical Tradesperson and is able to exercise the skills and knowledge of that trade.

 

A Maintenance Employee 2 works above and beyond a Maintenance Employee 1 at and to the level of their training:

 

Understands and applies of quality control techniques

 

Exercises good interpersonal and communication skills

 

Exercises keyboard skills at a higher level than Maintenance Employee 1

 

Exercises discretion within the scope of this grade

 

Performs work under limited supervision either individually or in a team environment

 

Operates non-trade tasks incidental to their work

 

Performs non-trade tasks incidental to their work

 

Performs work which while primarily involving the skills of the employee's trade is incidental or peripheral to the primary task and facilitates the completion of the whole task.  Such incidental or peripheral work would not require additional formal technical training

 

Is able to inspect products and/or materials for conformity with established operational standards

 

(iii)       Maintenance Employee 3 is a Mechanical, Fabrication or Electrical Tradesperson who has completed the following training requirement:

 

Four 40 hour modules towards and appropriate Post Trade Certificates

 

A Maintenance Employee 3 works above and beyond a Maintenance Employee 2 and to the level of their training:

 

Exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards prescribed by the Implementation Manual

 

Exercises discretion within the scope of this grade

 

Works under general supervision either individually or in a team environment

 

Understands and implements quality control techniques

 

Provides the trade guidance and assistance as part of a work team

 

Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Maintenance Employee 1 and 2

 

Tasks which employees at this level may perform are subject to the employees having the appropriate Trade and Post Trade Training to enable them to perform particular tasks.

 

(iv)       Maintenance Employee 4 is a Special Class Mechanical, Fabrication or Electrical Tradesperson who has completed the following training requirement:

 

Eight 40 hour modules towards an appropriate Post Trade Certificate

 

A Maintenance Employee 4 works above and beyond a Maintenance Employee 3 and to the level of their training:

 

(a)        Exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards prescribed by the Implementation Manual

 

(b)        Provides trade guidance and assistance as part of a work team

 

(c)        Assists in the provision of training in conjunction with supervisors and trainers

 

(d)        Understands and implements quality control techniques.

 

(e)        Works under limited supervision either individually or in a team environment

 

The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate Trade and Post Trade Training to enable the employee to perform the particular indicative tasks:

 

Exercises high precision trade skills using various materials and/or specialised techniques

 

Performs operations on a CAD/CAM terminals in the performance of routine modifications to NC/CNC programs

 

Installs, repairs and maintains, tests, modifies, commissions and or fault finds on complex machinery and equipment which utilises hydraulic and or pneumatic principals and, in the course of such work, is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems.

 

APPENDIX 3

 

RURAL STORES GROUP CLASSIFICATION STRUCTURE

 

(i)         Rural Stores Employee 1 is an employee appointed by the Company to this grade who shall be required to perform any one or more of the functions within this grade.

 

(a)        Customer enquiries and sales

 

(b)        Stock receival

 

(c)        Operate P.O.S. terminal/checkout counter

 

(d)        Cleaning, routine maintenance

 

(e)        Stocktake

 

(f)         Store security/safety

 

(ii)        Rural Stores Employee 2 is an employee appointed by the Company to this grade who shall be required to perform any one or more of the functions within this grade and may be required to perform any of the duties for which they are trained under Production Employee 1 and 2.

 

(a)        Customer enquiries and sales

 

(b)        Stock receival

 

(c)        Stock dispatch

 

(d)        Stock ordering

 

(e)        Operate back office terminal

 

(f)         Operate P.O.S. terminal

 

(g)        Clerical procedures

 

(h)        Store security/safety

 

(i)         Talking with Company representatives

 

(iii)       Rural Stores Employee 3 is an employee appointed by the Company to this grade who shall be required to perform any one or more of the functions within this grade and may be required to perform any of the duties for which they are trained under Production Employee 1, 2 and 3.

 

(a)        Cleaning and routine maintenance

 

(b)        Stocktake

 

(c)        Store security/safety

 

(d)        Talking with Company representatives

 

(e)        Staff supervision

 

(f)         Customer enquiries and sales

 

(g)        Stock receival

 

(h)        Stock dispatch

 

(i)         Stock orders

 

(j)         Clerical procedures

 

APPENDIX 4

 

FEED MILL GROUP CLASSIFICATION STRUCTURE

 

(i)         Feed Mill Employee 1 is an employee appointed by the employer to this grade and who may be undertaking induction and skills training.

 

An employee at this level performs routine duties essentially of a manual nature and to the level of training:

 

1.          Performs general labouring, cleaning or garden maintenance duties

 

2.          Exercises minimal judgement

 

3.          Works under regular, direct supervision

 

4.          Operates simple equipment or machines

 

An employee at this level shall be required to perform any one or more of the functions within this classifications:

 

Labourer/General Hand

 

Packer

 

General cleaning

 

(ii)        Feed Mill Employee 2 is an employee appointed by the employer to this grade and who may perform any of the duties of a Feed Mill Employee 1 for which they are trained.

 

This level of employee:

 

1.          May hold or be undertaking training for industry recognised qualifications

 

2.          Exercises skills attained through recognised in house or external training

 

3.          Exercises minimal judgement and discretion

 

4.          Understands and performs routine hygienic and quality assurance processes

 

5.          Understands and utilises basic statistical process control procedures and maintain simple records

 

6.          Uses hand trolleys and pallets or forklifts (if so trained)

 

7.          Assists with basic on-the-job training in conjunction with Foreperson/Supervisors

 

8.          Works under direct supervision.

 

An employee at this level shall be required to perform any one or more of the following functions in which they are trained:

 

Storeperson

 

Forklift driving

 

Grain receival

 

Goods receival and dispatch

 

Housekeeping

 

(iii)       Feed Mill Employee 3 is an employee appointed by the employer to this grade and who may perform any of the duties of a Feed Mill Employee 1 and 2 for which they are trained.

 

This level of employee:

 

1.          May hold or be undertaking training for industry recognised qualifications

 

2.          Exercises skills attained through completion of recognised in house or external training

 

3.          Exercises judgement and discretion within the scope of this grade

 

4.          Understands and performs hygiene and quality assurance controls and may perform simple testing of product or inspection of packaging to ascertain conformity with established standards

 

5.          Works under routine supervision and may be part of a work unit

 

6.          Demonstrates established procedures to assist in the training of other employees, in conjunction with Foreperson or Supervisory Staff

 

7.          Inspects raw or finished product for conformity with established standard

 

8.          May undertake simple equipment maintenance procedures

 

9.          Understands and utilises basic statistical process control procedures and maintains records

 

An employee at this level shall be required to perform any one or more of the following functions in which they are trained:

 

Operates mill panel

 

Operates pellet press

 

Grain receival

 

Housekeeping

 

Operates boiler

 

Batching meals

 

Forklift Driver

 

(iv)       Feed Mill Employee 4 means an adult employee who:

 

(i)         works under general supervision (as defined hereunder) performing clerical duties which involve the exercise of some initiative and minor decision making within a regular work routine; and/or

 

(ii)        for the major part of the time operates a switchboard; and/or

 

(iii)       is employed as a typist; and who does not fall within the definitions of Levels 2 or 1.

 

(v)        Feed Mill Employee 5 is an employee appointed by the employer and who may perform any of the duties of a Feed Mill Employee 1, 2 and 3 for which they are trained.

 

This level of employee:

 

1.          May hold or be undertaking industry recognised qualifications

 

2.          Exercises skills attained through completion of recognised in house or external training

 

3.          Exercises judgement and discretion with the scope of this grade

 

4.          Understands and maintains hygiene and quality assurance controls and performs simple analytical testing of product to ascertain conformity with established standards

 

5.          Demonstrates skills to assist in the training of other employees, in conjunction with Foreperson and Supervisory Staff

 

6.          Works under limited supervision and may be part of a work unit

 

7.          Inspects raw or finished product for conformity with established standards

 

8.          Performs tasks peripheral to the allocated primary tasks within the level of skill and competence of the employee

 

9.          Undertakes simple equipment maintenance procedures

 

10.        Maintains statistical process controls records

 

An employee at this level shall be required to perform any one or more of the following functions in which they are trained:

 

Operates mill panel

 

Operates pellet press

 

Grain receival

 

House keeping

 

Forklift Driver

 

Operates boiler

 

Batching meals

 

General supervision

 

APPENDIX 5

 

ADMINISTRATION GROUP CLASSIFICATION STRUCTURE

 

Level

 

All adult employees shall be graded in one of the following grades and informed accordingly in writing within 14 days of appointment to the position held by the employee:

 

(a)        Level 1 means an adult employee who:

 

(i)         works under general supervision (as defined hereunder) performing clerical duties which involve the exercise of some initiative and minor decision making within a regular work routine; and/or

(ii)        for the major part of the time operates a switchboard; and/or

 

(iii)       is employed as a typist; and who does not fall within the definitions of Levels 3 or 4

 

(b)        Level 2 means an adult employee who possesses all of the duties of Level 1 with the necessary skills and is classified as one of the following and who does not fall within the definitions of Grades 3 or 4: a word processing operator, data entry operator, computer/keyboard operator.

 

(c)        Level 3 means an adult employee who:

 

(i)         is capable of and may perform any duties of Levels 1 or 2 and who performs clerical duties under limited supervision (as defined hereunder), receives limited instructions which relate only to matters of substance in the work assignment (although more detailed instructions may be necessary on particular occasions), is regularly required to exercise independent initiative and judgement and possess a requisite knowledge of office procedures and of the employer's business; and/or

 

(ii)        is required to supervise and/or control the work of other clerks (excluding typists and stenographers), a typists' pool and/or the work of bookkeeping and/or comptometer operators.

 

(d)        Level 4 means an adult employee who:

 

(i)         is capable of and may perform any duties of Levels 1, 2 or 3 and who is fully competent in his/her work, requires little guidance in the performance thereof, exercises substantial responsibility and independent initiative and judgement with a requisite knowledge of office procedures and of the employer's business; and/or

 

(ii)        is required to accept responsibility for the work of a department or of a section or the work of clerks (excluding typists and stenographers) engaged in such department or section.

 

Notation: The definitions of Levels 1, 2, 3 and 4 is subclause (i) hereof shall have no application to a person employed in a managerial capacity, that is, a person who is employed primarily to control the conduct of the employer's business either in whole or in part and who in the performance of his/her duties regularly makes decisions and accepts responsibility on matters relating to the administration and conduct of the business and whose performance of clerical duties is merely ancillary to his/her managerial employment.

 

Definitions

 

The following expressions appearing in subclause (i) hereof shall be defined as follows:

 

Level 4 - General Supervision shall mean that a person:

 

(a)        receives instructions on what is required on unusual or difficult features of the work and on the method of approach or when new procedures are involved; and

 

(b)        is normally subject to progress checks which are usually confined to unusual or difficult aspects of the task; and

 

(c)        has the knowledge and experience required to perform the duties usually without specific instructions but has assignments reviewed on completion.

 

Level 2 - Limited Supervision shall mean that a person:

 

(a)        may be subject to progress checks which will be principally confined to establishing that satisfactory progress is being made; and

 

(b)        may have his/her assignments reviewed on completion.

 

Exemptions

 

(i)         Except as to the provisions of clause 13, Annual Leave; clause 13A, Annual Leave Loadings; and subclauses (i), (ii), (iv) and (v) of clause 12, Sundays and Holidays; clause 14, Long Service Leave; clause 15, Sick Leave; clause 16, Preference of Employment; clause 26, Bereavement Leave; clause 27, Accident Pay; clause 28, Jury Service; clause 29, Maternity Leave and clause 34, Superannuation, this Award shall not apply to clerks employed by the week who are in receipt of a weekly wage in excess of 15 per cent above the rate of pay set out in Table 5 - Wage Rates For Administration Employees, of Part B, Monetary Rates, for the highest Administration Grade in this Award; provided the wage is not inclusive of overtime payments and/or shift allowances due to the employee under this Award. 

 

(ii)        The exemption rate shall be calculated in multiples of one dollar, amounts of less than 50 cents being taken to the lower multiple and amounts of 50 cents or more being taken to the higher multiple.

 

(iii)       Notwithstanding anything else where contained in this Award, exemptions granted and in force in the Clerks' (State) Award as published on 29 May 1964, the Clerks' (State) Interim Award published on 7 May 1969, the Clerks' (State) Award published on 29 November 1969, and the Clerks' (State) Award published on 12 June 1974, as varied, which have been omitted from this Award and which were in force at the date of the gazettal of this Award shall continue in force for the duration of this Award unless varied or rescinded.

 

(iv)       Disabilities Unlimited is exempted from the provisions of this Award to the extent necessary to enable it to employ clerks.

 

 

 

D. W. RITCHIE, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.