CHICKADEE FOODS PTY LTD (LISAROW SITE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Meat Industry Employees' Union, Newcastle and Northern Branch,
industrial organisation of employees.
(No. IRC 3081 of 2005)
Before The Honourable
Mr Deputy President Harrison
|
24 June 2005
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
2. Title
3. Parties
4. Parent
Award
5. Objectives
6. Labour
Hire Employees
7. Apprentice
Employees
8. Australian
Workplace Agreements
9. Rostered
Days Off
10. Time Off
in Lieu of Overtime
11. Public
Holidays
12. State
Personal/Carers Leave
13. Compassionate
Leave
14. Unpaid
leave
15. Sick Leave
16. Annual
Leave
17. Leave to
Attend Union Business
18. Trade
Union Training Leave
19. Wages
20. Training
21. Workplace
Change
22. Redundancy
23. Superannuation
24. Salary
Sacrifice Superannuation Contributions
25. Occupational
Health and Safety
26. Union
Recognition
27. Induction
of New Employees
28. Right of Entry
29. Disciplinary
Procedure
30. Dispute
Resolution Procedure
31. Security
32. Renegotiation
33. Area
Incidence and Duration
PART B
Monetary Rates
Annexure A -
Redundancy Agreement
Annexure B - Drug
& Alcohol Policy
Annexure C -
Counselling & Disciplinary - Policy and Procedures
2. Title
This award is known as the "Chickadee Foods Pty Limited
(Lisarow Site) Award".
3. Parties
The parties to this award are:
Chickadee Foods Pty Ltd (ACN 000 508 225) located at Cutrock
Road, Lisarow in the state of New South Wales ("the Company"), The
Australasian Meat Industry Employees’ Union (Newcastle and Northern) Branch,
Electrical Trades Union, Australian Manufacturing Workers Union, New South
Wales Local Government, Clerical, Administrative, Energy, Airlines &
Utilities Union
4. Parent Awards
The parent awards are as follows:
Poultry Industry Preparation (State) Award (334 IG 322), as
varied;
Clerical and Administrative Employees (State) Award (296 IG
619), as varied;
Metals and Engineering Industry (NSW) Interim Award (264 IG
536), as varied;
Electricians &c. (State) Consolidated Award (270 IG 950)
Electricians &c. (State Wage Case)(State) Consolidated
Award (301 IG 1076).
5. Objectives
The objectives of this award are:
to achieve improved performance throughout all functional
areas of the company;
to recognise the contributions of all employees to
improvements in productivity and efficiency;
to provide flexible working conditions in relation to sick
leave, overtime and public holidays;
to adopt a participatory approach to implementing increased
and sustained productivity improvements across all functional areas of the
company.
6. Labour Hire
Employees
6.1 The company
may use labour that is employed by another commercial entity which contracts
with the company to provide labour ("labour hire"); provided that the
company consults with the union prior to appointing labour hire providers.
6.2 Subject to
satisfactory performance, employees of labour hire companies may be engaged up
to a maximum of twenty-four weeks’ (24) before being transferred to the
Company’s employment. This does not
apply to members of the casual pool.
6.3 Labour hire
providers will be contractually bound to apply the wages provided by this
award.
6.4 The Company
will attempt to utilise its own casual employees before engaging labour hire
employees.
7. Apprentice
Employees
The Company is committed to engaging apprentice employees
where it deems it is applicable and appropriate.
8. Australian Workplace
Agreements
The Company will not engage employees on Australian
Workplace Agreements whose employment is regulated by this award.
9. Rostered Days Off
9.1 Subject to
clause 9.3, Rostered Days Off ("RDO's") must be taken within one (1) month
of the RDO falling due at a time agreed between the Company and the Employee.
9.2 The taking of
RDO's will be determined within each department. Where agreement cannot be
reached on the taking of the RDO's a grievance should be raised in accordance
with Clause 30, Disputes Resolution Procedure.
9.3 At the
company’s discretion RDOs may be banked during periods of peak production or
high production demands only. Banked
RDO's may be taken at a time by agreement between the Company and the
employee. In accordance with clause
9.2,an employee may not have more than four (4) RDO's banked at any one time.
10. Time Off in Lieu
of Overtime
Where an 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 company
will not make the request
(b) The agreement
will be in writing and be kept with the time and wages records.
(c) Where an
employee takes time off in lieu of overtime, it will be paid for at the rate of
time and one-half.
(d) Payment for
time off in lieu of overtime may be made by the company in the pay period
during which the time off is taken.
(e) An employee
may not accumulate more than seventy-six (76) hours of equivalent time off,
which will be taken within four (4) weeks of its accrual. Where such time off
is not taken, the period(s) of overtime will be paid for in the next relevant
pay period at the appropriate overtime rate.
11. Public Holidays
11.1 The parties are
committed to flexibility in the taking of public holidays designated by the
applicable parent award.
11.2 All full time
employees will receive the number of public holidays prescribed by the parent
award without loss of pay per year. Part-time employees will receive a
proportionate number of days depending on their rostered hours.
11.3 The company may
reschedule any public holiday to another day, provided that employees are given
a paid day off in lieu and the following procedure is followed:
1. The company
will notify the union and employees eight (8) weeks prior to a public holiday
it wishes to reschedule.
2. If 65 per
cent of employees in the work unit(s) affected agree to the re-scheduling, the
employer may call for volunteers to work on the day of the public holiday.
3. The Company
will not pressure employees to work on the public holiday.
11.4 Employees
working on a public holiday under subclause 11.3 are to be paid at ordinary
rates for the day. Other employees directed to work on the public holiday will
not receive a paid day off in lieu, but are to be paid public holiday rates as
provided for in the parent award.
12. State
Personal/Carers Leave
12.1 Use of Sick
Leave -
1. An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subclause 12.1.3(ii) 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 by the parent award, 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.
2. 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.
3. 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 basis although not legally married to
that person; or
(c) a child or
adult child (including an adopted child, stepchild, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this 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.
4. An employee
shall, wherever practicable, give the company notice, prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the company by telephone of such absence at the first
opportunity on the day of absence.
12.2 Unpaid leave
for Family Purposes - An employee may elect, with the consent of the company,
to take unpaid leave for the purpose of providing care and support to a member
of a class of persons set out in subclause 12.1.3(ii), who is ill.
12.3 Annual leave -
1. An employee
may elect, with the consent of the company and 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.
2. Access to
annual leave, as prescribed in subclause 12.3.1, shall be exclusive of any
shutdown period provided for elsewhere under this award.
3. An employee
and the company may agree to defer payment of the annual leave loading in
respect of single-day absences until at least five consecutive annual leave
days are taken.
12.4 Time off in
Lieu of Payment for Overtime -
1. For the
purposes only of providing care and support for a person in accordance with
subclause 12.1 and despite the provisions of Clause 10, Time Off in Lieu of
Overtime, the following provisions will apply:
2. An employee
may elect, with the consent of the company, to take time off in lieu of payment
for overtime at a time or times agreed with the company within 12 months of the
said election.
3. 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.
4. If, having
elected to take time as leave in accordance with paragraph 12.4.2 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.
5. Where no
election is made in accordance with the said paragraph 12.4.2, the employee
will be paid overtime rates in accordance with the award.
12.5 Make Up Time -
1. An employee
may elect, with the consent of the company, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
2. An employee
on shift work may elect, with the consent of the company, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
12.6 Rostered Days
Off -
1. An employee
may elect, with the consent of the company, to take rostered days off (RDO's)
at any time other than periods of peak production and subject to the
requirements set out in Clause 9.
2. An employee
may elect, with the consent of the company, to take RDO's in part-day amounts.
3. An employee
may elect to draw from the bank of the RDO's in accordance with Clause 9 to
take at a time mutually agreed between the company and the employee, or subject
to reasonable notice by the employee or the company.
13. Compassionate
Leave
13.1 An employee,
other than a casual employee, will be entitled to take compassionate leave on
each occasion and on the production of satisfactory evidence of the death of
near relatives.
13.2 For the
purposes of this clause, "near relatives" include but are not limited
to husband and wife (including de facto and same sex partner), father, mother,
stepfather, stepmother, child, step child, brother, sister, parent-in-law,
brother/sister-in-law, grandparents and grandchildren. Each situation will be assessed on its merits
and the relationship of the employee to the deceased will be the principal
consideration in determining the amount of leave granted which will vary from 1
to 5 days.
13.3 An employee
will not be entitled to compassionate leave if the leave coincides with any other
type of paid leave.
14. Unpaid Leave
14.1 Full time
employees may apply for unpaid leave for specified periods only for the purpose
of coping with a personal or family matter provided that they may not seek or
be engaged in employment during an unpaid leave period.
14.2 The Company
will require evidence of the reason for the leave prior to the leave being
granted.
14.3 A period of
unpaid leave in accordance with subclause 14.1 which is in excess of four (4)
weeks will not be regarded as service for the purpose of computing sick leave,
annual leave or long service leave. Such periods of unpaid leave will not
constitute a break in the employees continuity of service
14.4 Extended
periods of unpaid leave will be subject to review by the company.
15. Sick Leave
15.1 Employees are
required to notify the company of their absence due to sickness prior to the
commencement of rostered work, unless it is impractical to do so.
15.2 Employees will
be required to provide medical certificates:
(a) to the company
on the day before and after a public holiday; or
(b) when sick
leave is taken on two (2) consecutive days.
A medical certificate may be required for any absence
if the employee is counselled under the company’s disciplinary policy and
procedure.
15.3 Sick leave may
accumulate from year to year to a maximum of thirty (30) day’s sick leave.
15.4 The parties
recognise additional sick leave provisions contained within an exchange of
letters dated 21 June 1995 and the updated version of 20 December 2001.
16. Annual Leave
16.1 Annual leave
entitlements will apply in accordance with the applicable provisions of the
parent award and the Annual Holidays Act 1944 (as amended) with the
following additional provisions -
(a) Annual leave may
be taken in blocks of five or more days;
(b) On reasonable
grounds (including as provided in Clause 12.3) and by agreement with the
company, annual leave may be taken as single days;
(c) Annual leave
must be taken within one and a half years of its accrual.
16.2 Employees who
have accrued 6 weeks will be required to take the annual leave by the giving of
one month's notice. (i.e. Annual leave accruals must not exceed 6 weeks).
17. Leave to Attend
Union Business
17.1 Leave of
absence from work to attend any union business will be allowed by the company
to any employee who is a member of the union, provided fair and reasonable
notice is given to the company.
17.2 Provided that
such leave will be restricted to one employee at a time, who will be paid for
the time he or she is absent from work.
18. Trade Union
Training Leave
Employees will be entitled to paid trade union training
leave in accordance with the provisions of this clause:
18.1 Leave is to be
confined to workplace union delegates who have held such or similar positions
for a period of not less than three months including broken periods of
employment.
18.2 Leave is to be
confined to five (5) days per year for each employee and is not to be
cumulative.
18.3 The courses for
which leave is granted are those which are conducted by the union (or its
agent) and approved by the union and the company as being relevant to the
industry.
18.4 The leave will
be paid for in accordance with Clause 20, Wages, for the relevant skill level.
18.5 Applications
for leave must be made to the company three (3) weeks before the course
commences.
18.6 The granting of
leave is subject to the company being able to make proper staffing arrangements
for the relevant period.
18.7 The union will
nominate no more than five (5) delegates to take leave at the same time.
18.8 Leave may only
be granted where the courses to be attended are such as to improve the
employee’s knowledge of industrial relations or related issues.
19. Wages
19.1 The weekly
wages for work in each skill or classification level are those set out in Table
1 - Wages, of Part B, Monetary Rates. Wage increases will take effect from the
first full pay period in January 2004, and January 2005.
19.2 The wages
contained in this award are wages negotiated at the enterprise level and are
above rates of pay provided by the relevant parent award. However, if the rates
of pay contained in the relevant parent award exceed the rates of pay in this
award, this award will be varied to reflect the rates of pay in the parent
award.
20. Training
20.1 Commitment to
Training
The Company is committed to enhancing the skills and
capacity of its workforce through the provision of training. The principal
objectives of training are to improve efficiency and productivity and to
provide employees with opportunities for career development and increased job
satisfaction.
20.2 Employees
covered by the Poultry Industry Preparation (State) Award
Within one year of the making of the Award, the
Company, in consultation with the relevant union, will consider a skills based
classification structure, which rewards employees for skills , required as they move through the levels in
the classification structure.
The skills based classification structure will be based
upon the acquisition and use of skills required by the Company. An employee's
rate of pay will recognise the skills required to be applied on the job
20.3 Maintenance
Tradesperson Competency based structure
In implementing the classification system for maintenance
tradespersons, the parties will have reference to the National Metal and
Engineering Competency Standards Implementation Guide distributed by the
Manufacturing, Engineering and Related Services Industry Training Advisory Body
and referred to in the Metal Engineering & Associated Industries Award
1998.
21. Workplace Change
In order to meet the demands of the competitive nature of
the industry, the company will continue to examine the performance of its
business functions.
If the company is considering changes in the workplace, it
is committed to having discussions with the relevant unions and employees
concerned prior to any changes being implemented.
Prior to making a definite decision to make changes in the
workplace, the company will consider any alternatives including training to
improve performance in particular areas.
22. Redundancy
In the event of a position being made redundant, the parties
agree to observe the Redundancy Agreement contained in Annexure A of this
award.
23. Superannuation
23.1 The company
will make contributions to complying superannuation funds in accordance with
the applicable legislation.
23.2 Company
contributions will be made to any of the following complying funds (MLC, MIESF,
NRMA, St George, AMP and GIO) provided that no employee may have contributions
made to more than one fund.
24. Salary Sacrifice
Superannuation Contributions
24.1 Objective
The objective of this clause is to enable employees to
make pre-tax contributions to complying superannuation funds through a salary
sacrifice arrangement
24.2 Superannuation
Guarantee Charge
The company will continue to make employer
contributions to nominated complying superannuation funds in accordance with relevant
superannuation guarantee legislation (employer contributions).
24.3 Salary
Sacrifice Provisions
1. An employee
may request that the company make additional contributions to the
superannuation fund to which, at the date this award is made, employer
contributions are being made on his or her behalf. These contributions are
distinct from and in addition to employer contributions as defined at Clause
24.2. For the purposes of this clause, these additional contributions will be
known as "Salary Sacrifice Contributions", and are treated as
additional employer contributions under superannuation legislation.
2. All
arrangements for Salary Sacrifice Contributions are subject to the company’s
approval.
3. On each
occasion on which the company makes a Salary Sacrifice Contribution, that
employee’s gross earnings shall be reduced by an amount equal to the salary
sacrifice contribution. For the purpose of this subclause "occasion"
means the calculation and processing of the payroll in accordance with the applicable
pay period.
4. No employee
may have Salary Sacrifice Contributions at a level in excess of 50% of their
pre-Salary Sacrifice Contribution gross weekly all purpose rate of pay.
5. Employees may
arrange to have Salary Sacrifice Contributions made at a set weekly dollar
amount.
6. Other than in
pressing personal circumstances, an employee may not vary their Salary
Sacrifice Contributions more than once per annum.
24.4 Record of
Salary Sacrifice Contribution Arrangements
Where an employee elects to enter into a Salary
Sacrifice Contribution arrangement, the details of the arrangement will be
produced in writing and calculated in accordance with the appropriate form.
24.5 Changes to
Applicable Law
In the event that the law governing taxation and superannuation
changes in such a way as to render the Objectives of this clause unattainable
or ineffective or, in the opinion of the company, inappropriate, the company
and the union will review this provision and amend if appropriate.
24.6 Resolution of
Disputes and Grievances
Where an employee wishes to raise a grievance in
relation to this clause in its operation, he or she shall contact the company’s
human resource office.
Any grievance that cannot be resolved at the local level
shall be resolved in accordance with Clause 30, Disputes Resolution Procedure.
25. Occupational
Health and Safety
25.1 The company
recognises safety as an integral part of the organisation’s business aims and
is committed to providing a safe and healthy workplace for all employees and
others on site.
25.2 The parties
agree to adhere to the Company Drug and Alcohol Policy as contained in Annexure
B.
25.3 The parties are
committed to working towards a drug free workplace and in doing so agree to work
with the Occupational Health and Safety Committee in developing and
implementing strategies to achieve a drug free work environment.
26. Union Recognition
26.1 The company
recognises the unions outlined in Clause 3, Parties, as being the unions that will
have exclusive representation of employees in the skills or classification
levels covered by this award.
26.2 All employees
will be given an application form to join the union at the point of
recruitment.
26.3 The company
will deduct from the wages of each employee who has authorised it membership
fees at the amount from time to time decided by the Committee of Management of
the union. The company will forward
these deductions to the Secretary of the Union.
27. Induction of New
Employees
27.1 The company
will implement an induction program for all new employees, which will include
training on occupational health and safety, workers’ compensation and union
membership.
27.2 The union
delegate will be given paid time off to speak to all new employees inducted
during the induction process.
27.3 The new
employees will be paid for attendance, whether during working hours or not.
27.4 A suitable
training room and facilities will be provided for the purpose of the meeting
between new employees and the delegates.
27.5 The company
will notify the union office seven (7) days in advance of the meeting taking
place and invite an official of the union to attend.
28. Right of Entry
The Company accepts and respects the legitimate role of union
organisers to represent the interests of members on site.
The company expects union organisers to play a constructive
role on site and to assist the company in the detection and correction of
issues before they become problems that could affect the business. In the same
spirit, the company will work closely with union organisers ensuring that,
where possible, employee and business needs are balanced.
Delegates will advise the main gate and the company of any
visits planned by organisers, and organisers will comply with all safety and
sign-in requirements when visiting the premises.
29. Disciplinary
Policy
The disciplinary policy is designed to assist the company in
working with employees to resolve circumstances, which inhibits the ability of
the company and employees to achieve their goals and objectives. The primary
objective of the policy is to improve and maintain workplace and team
relationships and assist the employee in reaching an expected standard of
performance or conduct.
The parties agree that, subject to the circumstances of each
individual matter the Company Counselling and Disciplinary Policy as varied
from time to time, will be followed when dealing with such matters.
30. Dispute
Resolution Procedure
The parties agree that, subject to the provisions of the Industrial
Relations Act 1996, all grievances, claims or disputes will be dealt with
in the following manner so as to ensure the orderly settlement of the matters
in question:
(i) Any grievance
or dispute, which arises, will, where possible, be settled by discussion on the
job between the employee(s) and the immediate supervisor.
(ii) If the matter
is not resolved at this level, it will be further discussed between the
affected employee(s) and the union delegate or, where appropriate, another
nominated representative and the employer. Both the employer’s industrial
relations representative and the employee’s union representative may be
notified.
(iii) If no
agreement is reached within a reasonable time period, the union Secretary or
his/her representative or, where appropriate, a nominated representative, will
discuss the matter with the employer’s nominated industrial relations
representative.
(iv) Whilst the
foregoing procedure is being followed, work will continue normally. No party
will be prejudiced as to the final settlement by the continuance of work in
accordance with this subclause.
(v) Should the
matter still not be resolved within a reasonable time period, it may be referred
by either party to the Industrial Relations Commission of New South Wales for
settlement.
(vi) The parties
will, at all times, confer in good faith and without undue delay.
(vii) During the
discussions the status quo will remain and work will proceed normally in
accordance with this award and without stoppage or the imposition of any ban,
limitation or restriction. "Status quo" will mean the situation
existing immediately prior to the dispute or the matter giving rise to the
dispute.
(viii) Where a safety
issue is involved that threatens the security and safety of an employee, the
above will not apply. Employees will leave the unsafe area and be utilised
elsewhere, if possible, until the unsafe area is made safe to the satisfaction
of the Occupational Health and Safety Committee or its representative. The
remainder of the plant and its employees will proceed as normal.
31. Security
The parties recognise the value of surveillance in improving
personal and product safety. Surveillance cameras will be placed in the car
park and exterior perimeters of the plant.
32. Renegotiation
The parties will schedule negotiations to vary or renew the
award no later than three (3) months prior to the nominal expiry date of the
award. The new award will be negotiated
using a single bargaining unit including representatives of the company, the
Union and the employees.
The rates of pay in this award include the adjustments
payable under All State Wage Cases up until the date of this Award. These
adjustments may be offset against:
(a) Any equivalent
over award payments and/or
(b) Award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments
This award is for a fixed term and there shall be no further
adjustments of wages or other conditions of employment during this term other
than as provided for in the award itself.
33. Area Incidence
and Duration
33.1 This award will
apply to all employees of the company employed in a skill or classification
level contained in Table 1, Rates of Pay of Part B Monetary Rates, who are
employed by the company to work at Cutrock Road, Lisarow.
33.2 This award
partially regulates the terms and conditions of employment also regulated by
the parent awards. This award shall be
read and interpreted wholly in conjunction with the parent awards. Where there is any inconsistency between
this award and the parent awards, this award will take precedence to the extent
of any inconsistency.
33.3 This award rescinds
and replaces the Chickadee Foods (Lisarow Site) Award, which was published on
15 April 2005 (350 IG 91).
33.4 This award
shall take effect on and from 1 January 2004 and will remain in force until 1st
January 2006.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Skill or
Classification Level
|
4% Increase
|
Weekly wage
|
4% Increase
|
Weekly wage
|
|
effective
|
effective
|
effective
|
effective
|
|
01/01/04
|
01/01/04
|
01/01/05
|
01/01/05
|
|
(hourly rate)
|
|
(hourly rate)
|
|
|
$
|
$
|
$
|
$
|
Process Employees
|
|
|
|
|
Level 1
|
14.0805
|
535.06
|
14.6437
|
556.46
|
Level 2
|
14.4429
|
548.83
|
15.0206
|
570.78
|
Level 3
|
15.1041
|
573.96
|
15.7083
|
596.92
|
Level 4
|
15.5773
|
591.94
|
16.2004
|
615.62
|
Level 5
|
15.8860
|
603.67
|
16.5214
|
627.81
|
Level 6
|
16.3121
|
619.86
|
16.9646
|
644.65
|
|
|
|
|
|
Leading Hand
|
|
|
|
|
Less than or equal to 20 employees
|
16.3807
|
622.47
|
17.0359
|
647.36
|
More than 20 employees
|
17.6045
|
668.97
|
18.3087
|
695.73
|
Mechanical Employees
|
|
|
|
|
Mechanical Tradesperson 1
|
20.2733
|
770.38
|
21.0842
|
801.20
|
Mechanical Tradesperson 2
|
21.2869
|
808.90
|
22.1384
|
841.26
|
Mechanical Tradesperson 3
|
22.3004
|
847.42
|
23.1924
|
881.31
|
Mechanical Tradesperson 4
|
23.3144
|
885.95
|
24.2470
|
921.39
|
Electrical Employees
|
|
|
|
|
Electrical Tradesperson 1
|
20.3710
|
774.10
|
21.1858
|
805.06
|
Electrical Tradesperson 2
|
21.1720
|
804.54
|
22.0189
|
836.72
|
Electrical Tradesperson 3
|
22.7049
|
862.79
|
23.6131
|
897.30
|
Electrical Tradesperson 4
|
23.2095
|
881.96
|
24.1379
|
917.24
|
Advanced Elect Tradesperson 1
|
23.7183
|
901.30
|
24.6670
|
937.35
|
Advanced Elect Tradesperson 2
|
24.2277
|
920.65
|
25.1968
|
957.48
|
Clerical Employees
|
|
|
|
|
Clerical Grade 1
|
14.6987
|
558.55
|
15.2866
|
580.89
|
Clerical Grade 2
|
15.5699
|
591.66
|
16.1927
|
615.32
|
Clerical Grade 3
|
15.8609
|
602.71
|
16.4953
|
626.82
|
Clerical Grade 4
|
16.9790
|
645.20
|
17.6582
|
671.01
|
Clerical Grade 5
|
19.1804
|
728.86
|
19.9476
|
758.00
|
ANNEXURE A
REDUNDANCY AGREEMENT
1. Definitions
(a) Rates of pay used
to calculate one week's pay for weekly employees will be the all-purpose rate
currently paid excluding overtime but including penalty rates, and shift
premiums and all allowances.
(b) The rate of
pay used to calculate one week's pay for part-time employees shall be as
described in (a) averaged over the period of employment.
(c) Casual
employee means an employee who is employed on an hourly basis and who has no
reasonable expectations of regular work.
A casual employee is not entitled to any termination payments pursuant
to this agreement.
(d) Work area
means a discrete functional or geographical part of the Company’s
operations. The determination of a work
area is by reference to the management structure and accountabilities,
award/agreement classification and/or union coverage.
(e) Redundancy
means a situation where the Company proposes to permanently cease operating all
or part of its business; and this cessation results in one or more full-time or
part-time employees becoming surplus to the Company’s labour requirements.
Redundancy does not include:
Termination of employment pursuant to clause 29,
Dispute Resolution Procedure, provided that such termination is not directly
related to the Company’s requirement to reduce its labour requirements;
Termination of employment due to retirement;
Situations where full-time or part-time employees
become surplus to the Company’s labour requirements due to industrial action
taken by employees which affects the Company’s ability to continue normal
operations;
Variations to rosters or shifts as a result of
restructuring or changes in customer demands or operation requirements. Such
roster or shift changes shall be made in consultation with the union/s and
employees. Where employees are
genuinely forced to terminate their employment as a result of such changes, the
employee will be entitled to a redundancy benefit pursuant to this
agreement. "Genuinely forced to
terminate" employment does not include financial disadvantage as a result
of changed entitlements to shift allowances or overtime;
Situations where part-time or full-time employees are
not prepared to undertake training or transfer as a result of technological or
operational changes which require such training or transfer; provided that the
proposed training or transfer is agreed by the Company and the union is
reasonably within the employee’s capability.
2. Steps for
Redundancies
(a) Eliminate or
minimise contractors where the work falls within the area of coverage of
applicable awards or agreements.
Eliminate the use of employees of labour hire companies.
(b) Reduce the
hours worked by casual employees.
(c) Reduce the
number of casual employees.
(d) Review
acceptable alternative positions which full-time or part-time employees could
perform.
(e) Reduce the
number of full-time or part-time employees.
(f) No severance
payment will be payable where an acceptable alternative role is offered to the
employee.
3. Selection for
Redundancies
(a) Voluntary
redundancies will only be offered in the work areas affected.
(b) If there are
insufficient volunteers or the Company’s operational requirements will not be
met by the termination of employment of volunteers, the Company will determine
who is to become redundant using the following criteria:
(c) Where
possible, the work area where redundancies are required will be the area in
which employees are selected for redundancy;
(d) long-term
operational requirements as to employee’s skills, experience and potential; and
considerations of seniority, equity and fairness.
(e) In the event
that there are more volunteers for redundancy than are required by the Company,
the Company will determine who is to become redundant using the following
criteria:
(f) Where
possible, the work area where redundancies are required will be the area in
which employees are selected for redundancy;
(g) The Company’s
medium and long-term skill requirements; and, other things being equal, those
employees with the longest service shall have first preference for redundancy.
4. Notice of
Redundancy
Employees to be made redundant will receive notice or be
paid in lieu of notice the following:
Less than 5 years' service
|
3 weeks
|
More than 5 years' service
|
4 weeks
|
Over 45 years with a minimum of 2 years' service
|
5 weeks
|
5. Payments on
Termination of Employment
(a) On the last
day of employment, redundant employees will receive a termination payment based
on four weeks for every year of service capped at 48 weeks. Employees over 45 will receive an additional
four weeks' severance pay.
(b) Sick leave to
be paid as per the Company agreement, i.e. accrued sick leave less the current
year.
(c) Pro rata long
service leave after five years and annual leave in accordance with the Annual Holidays Act 1944.
(d) Payment of
untaken rostered days off at the normal rate.
(e) Severance
payments will be paid on years of service with the Company.
6. Recall
In the event that the Company’s operational requirements are
such that more employees are required, then the following principles shall
apply for a period of 12 months:
(a) Those
employees who were required to take redundancy as determined by the Company
shall be the first in line to be offered re-employment in their work areas.
(b) Those
employees who chose to take a voluntary redundancy shall stand behind those
employees made redundant by the Company.
(c) In areas that
require formal qualifications, e.g. Maintenance, Drivers, recall shall be
determined by consultation and agreement between the Company and the union.
ANNEXURE B
DRUG & ALCOHOL POLICY
Introduction
Drug and alcohol use in the workplace can create a range
of problems including:
Injury to employees and others
Loss of jobs and friendships
Problems with punctuality and absenteeism
Poor work performance and low morale
Low productivity and lost time from accidents
Inefficiency and damage to plant, equipment and other
property.
Chickadee Foods Pty Limited, by virtue of the Occupational Health and Safety Act 2000,
has a duty of care to its employees, and others who come on site. The Act requires that:
Employers ensure the health, safety and welfare of their
employees and others;
Employees take reasonable care of the health and safety of
others and co-operate with employers in their efforts to comply with
occupational health and safety requirements.
Hence, employees must ensure their performance and actions are not
impeded by the use of drugs (either legal or illegal) or alcohol. It is the responsibility of all employees to
report any incidents or, if it is suspected that an employee is under the
influence of drugs or alcohol, to their Supervisor.
At Chickadee Foods Pty Limited, we wish to maintain a
workplace free of drugs and alcohol.
This is done with the assistance of all employees. Together, we can all reduce the effect of
drugs and alcohol by maintaining a workplace that is free of harassment and
victimisation, that fosters open communication and cohesiveness between teams
and team members by supporting and encouraging each other, and by being
co-operative and polite to one another.
Aim
This policy aims to promote a workplace free of alcohol
and drugs by regulating behaviour of employees.
Scope
This policy applies to all employees of Chickadee Foods
Pty Limited.
Code of Behaviour
Employees are required to present themselves to work and
be available during all working hours to carry out their standard operating
procedures to an acceptable level.
Where an employee is required to take drugs prescribed by
a medical practitioner, they should notify their Supervisor before commencing
work what the drug is and the possible effects of the drug. If the drug has effects which include, for
example, drowsiness, feeling tired, poor concentration, etc., the employee will
be asked not to work and to proceed to and remain in the first aid room until
they are able to drive safely or transport is arranged.
Disciplinary Action
Any employee found to be in possession of illegal drugs or
consuming alcohol on the company premises will be instantly dismissed.
Alcohol
Where an employee reports for duty and, in the opinion of
the Supervisor, is under the influence of alcohol, the employee will be driven
home and employment will be suspended for one week and/or subject to possible
demotion. If the employee disputes the
Supervisor’s assessment, a BAC count may be conducted from an on-site
breathalyser unit. If a reading of 0.05
or below is recorded, then the employee may continue working. In the case of a driver, if a reading of
0.02 or below is recorded, then the employee may continue working.
The employee can refuse a BAC test. If this occurs, the Supervisor, Manager or
Human Resources Department must make a decision based on their observations
about the person and put those observations to the employee to obtain their
feedback.
Drugs
Where an employee reports for duty and, in the opinion of
the Supervisor, is under the influence of drugs, the employee will be driven
home and employment will be suspended for one week and/or subject to possible
demotion. If the employee disputes the
Supervisor’s assessment, arrangements can be made for the employee to have a
drug test conducted by a medical practitioner (at no cost to the employee). A medical examination can also be requested
to establish their capability to perform their normal duties.
The employee can refuse a drug test by the medical
practitioner. If this occurs, the
Supervisor, Manager or Human Resources Department must make a decision based on
their observations about the person and put those observations to the employee
to obtain their feedback.
Suspension will constitute an official reprimand and will be
recorded on personnel files. The
decision to suspend will only be made after the first step of the disciplinary policy
has been implemented and it has been determined that the person is intoxicated
with drugs, alcohol or both.
If there is a second occurrence within a period of twelve
months, then the employee will be terminated.
Counselling can be arranged for the employee by the Human
Resources Manager. If an employee
agrees to attend counselling, then termination may be avoided.
ANNEXURE C
COUNSELLING &
DISCIPLINARY POLICY AND PROCEDURES
Disciplinary Procedure
The disciplinary procedure is designed to assist the company
in working with employees to resolve circumstances, which inhibit the ability
of the company and employees to achieve their goals and objectives. The primary objective of the procedure is to
improve and maintain workplace and team relationships and assist the employee
in reaching an expected standard of performance or conduct.
Subject to the circumstances of each individual matter and
with reference to the Reprimand Policy as varied from time to time, the
disciplinary procedure is outlined below.
There are four levels of the disciplinary procedure:
* Counselling/Verbal Warning
* First Written Warning
* Final Written Warning
* Termination
The application of the procedure may vary according to
individual circumstances. There may be
instances where in the circumstances it would not be appropriate to observe the
procedure strictly.
At all steps of the procedure the supervising/manager must
organise the Human Resource Manager or relevant Senior Manager to be
present. The employee must also be
offered the opportunity to have a union delegate or other representative
present at the disciplinary meeting.
At all steps, the company must advise the employee of any
unsatisfactory performance or conduct and detail the appropriate standard of performance
or conduct. Previous counselling
meetings may be referred to. The
employee must be offered an opportunity to respond to the concerns and explain
his/her behaviour and/or performance.
On the basis of the matters discussed in the meeting at each
step of the procedure, the company will decide the most appropriate action to
take, including to take no further action, provide counselling or other
learning for the employee, issue a written warning, suspend the employee while
further investigations are carried out, terminate the employment with notice,
terminate the employment without notice or take some other action. The employee must be advised of the decision
as soon as possible.
After any disciplinary meeting a written record must be made
of the meeting detailing any specific statement of the expected performance or
conduct standard of the employee, any explanation or significant comment
offered by the employee and the review period and measures to be implemented
during the review period.
* Counselling/Verbal Warning
Counselling will normally be in the form of a conversation
between the employee and his/her immediate supervisor.
The objective of counselling is to assist the employee reach
the expected standard of performance or conduct. During the counselling process the company should ensure that the
employee has been properly trained for the position, and, any genuine obstacles
impeding the employee's ability to perform/carry out the inherent requirements
of the position are removed.
On the basis of the matters discussed in this meeting, if
the company decides to issue a verbal warning, reasonable support must be given
to the employee to assist in reaching and maintaining the standard. A review period must be provided to allow
the supervisor/manager to monitor the employee's performance. It may be appropriate that measures be
implemented during the review period to assist in monitoring the performance.
* First Written Warning
A formal warning may be given where counselling has not been
successful in improving or maintaining an employee's performance and/or conduct
at expected standards, or, where an employee's unsatisfactory performance
and/or conduct is sufficiently serious to warrant a warning.
A written warning may lead to termination of employment.
The written warning must detail the specific issues,
expected improvements in performance and/or conduct and the consequences of not
meeting expected standards in the future.
The written warning should also detail a review period and measures to
be implemented during the review period where appropriate (for example, further
training). The employee should sign and
acknowledge receipt of the warning.
* Final Written Warning
A final written warning may be issued by the Personnel Department
and supervisor/manager when circumstances surrounding unsatisfactory
performance and/or conduct are sufficiently serious. Certain circumstances may be considered so serious as to warrant
proceeding directly to the final warning.
The final written warning must detail the specific issues,
expected improvements in performance and/or conduct and the consequence of
termination should the employee fail to meet the expected standards. The final written warning should also detail
a review period and measures to be implemented during the review period where
appropriate (for example, further training).
The employee should sign and acknowledge receipt of the warning.
* Termination
Termination of employment may occur due to:
The employee's performance and/or conduct has failed to meet
the required standard, despite prior counselling and warnings;
Serious and wilful misconduct by the employee;
The company making a decision that there is no reasonable
alternative but to terminate the employment.
During the meeting to discuss potential termination of
employment, the company must detail the allegations of unsatisfactory
performance and/or conduct or circumstances relating to serious and wilful
misconduct. The employee must be clearly
advised that termination of employment is being considered. The employee must be given an opportunity to
respond to any allegations and the company must give due consideration to such
response.
Any termination must be confirmed with a termination letter
signed by the Human Resources Manager or appropriate Senior Manager. The letter will include the reason for the
termination.
Termination without notice may occur in circumstances of
serious and wilful misconduct or where it is unreasonable for the company to
continue the employment during a notice period. In these circumstances, prior to the termination the company may
suspend the employee with pay in order to investigate the surrounding
circumstances.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.