TOOHEYS PTY LIMITED (AUBURN BREWERY) ENTERPRISE AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, NSW Branch, industrial organisation of employees.

 

(Nos. IRC 7060 & 7178 of 2004)

 

 

AWARD

 

Arrangement

 

Clause No.         Subject Matter

 

1.         Introduction

1.1        Introduction

1.2        Anti-Discrimination

1.3        Tooheys Mission Statement

2.         Mutual Objectives

3.         Aim of the Award

4.         Work Schedule

4.1        Annualised Salary

4.2        Overtime

4.3        Starting/Finishing Times

4.4        Saturday, Sunday and Holiday Work

4.5        7 Day Roster

4.6        Accrued Hours

5.         Leave

5.1        Public Holidays

5.2        Compassionate Leave

5.3        Annual Leave

5.4        Sick Leave

5.5        Bereavement Leave

5.6        Long Service Leave

5.7        Repatriation Leave

5.8        Leave for Blood Donors

5.9        Jury Service

5.10      Personal/Carer's Leave

6.         Remuneration

6.1        Brewery Technicians Classification and Rates

6.2        Tooheys Operations Team Bonus

6.3        Payment of Salaries

6.4        Deductions

6.5        Expenses

7.         Individual Employment Agreement

8.         Health and Safety and Environment

9.         Training

9.1        Auburn Training Code

9.2        Development Plans

9.3        Competency

9.4        Competency Assessment

9.5        Competency Standards

9.6        Competency Based Skill Training

9.7        Learning Outcomes

9.8        Self-Paced Learning

9.9        On-the-Job Training

9.10      Workplace Assessor

9.11      Essential Programs

9.12      Development Programs

10.       Benefits Programme

10.1      Staff Purchases

10.2      Superannuation

11.       Terms of Employment

11.1      Termination

11.2      Redundancy

11.3      Company Rules, Policies and Procedures

12.       Individual Conditions

13.       Union Representation

13.1      Delegates

13.2      Delegates Code of Conduct

13.3      Meetings

13.4      Trade Union Training Leave

14.       Continuous Improvement and Restructuring

15.       Guaranteed Fair Treatment Process

15.2      Abandonment of Employment

16.       Contractors

17.       No Extra Claims

18.       Negotiating the next Award

19.       Declaration

20.       Area, Incidence and Duration of the Award

 

Schedule A

Wage Rates and Allowances - Classifications and Rate Schedule - Effective 1 December 2004

 

Schedule B

Example of Brewing Annualised Salaries - Effective 1 December 2004

Example of Engine Room Annualised Salaries - Effective 1 December 2004

Example of Packaging Annualised Salaries - Effective 1 December 2004

 

Schedule C

Work Rules

Investigation Procedure

Performance and Conduct Policy

 

1.  Introduction

 

1.1        Introduction

 

1.1.1.    This Award is made between Tooheys Pty Limited ("Tooheys"), the Australian Liquor Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division (NSW Branch) and the Construction, Forestry, Mining and Energy Union (New South Wales) (jointly referred to as ("the union") and sets out the terms and conditions of your employment at the Auburn Brewery.

 

1.1.2.    It shall apply from 1 September 2004 and shall remain in force until 31 August 2007.

 

1.1.3.    If at any time you have questions about these matters please refer them to your Team Leader or Manager.

 

1.2        Anti Discrimination

 

1.2.1     It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

1.2.2     It follows that in fulfilling his or her obligations under the dispute resolution procedure of 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.

 

1.2.3     Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

1.2.4     Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)       offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(d)       a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

1.2.5     This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

1.3        Tooheys Mission Statement

 

Our mission is to create Australia’s best loved beers and to be an agile, low cost brewer recognised for both "beer excellence" and "customer service". We will achieve our mission through an organisation and a working environment which attracts the finest people; fully develops and challenges our individual talents; encourages our free and spirited co-operation to drive the business ahead; is results orientated and maintains the Company's integrity. We will reward employees on the basis of superior performance, leadership and people management skills and all our employees will be paid fairly against results.

 

2.  Mutual Objectives

 

2.1        We all benefit by building Tooheys market share and profitability.  We believe that well trained and motivated employees will help to achieve that objective by maximising customer service and providing products of the highest quality and lowest possible cost.

 

2.2        An important factor is to develop a work environment where you are involved in decisions that affect you, you care about your job and fellow employees, you have the opportunity to achieve your full potential, you take personal pride in your contribution and you benefit from the success of your efforts.

 

2.3        Accordingly our mutual objectives include:

 

2.3.1     recruiting employees and establishing terms and conditions of employment based on the specific needs of Tooheys at Auburn Brewery;

 

2.3.2     constantly seeking improvement in safety, environmental issues, quality, efficiency, productivity, housekeeping and work environment of the Auburn Brewery;

 

2.3.3     taking all steps necessary to avoid any action which disrupts continuity of the Auburn Brewery by resolving your concerns effectively and speedily through full and open communication and agreed consultative negotiation and grievance procedures;

 

2.3.4     training, re-training and the development of you and other employees to enable you to broaden your skills, grow to your potential and meet the needs of changing customer preferences and technology;

 

2.3.5     developing work relationships on the basis of co-operation, mutual trust, understanding and sincerity and to the fullest extent possible to avoid confrontation at the Auburn Brewery;

 

2.3.6     establishing and maintaining open and direct communication with you and other employees on matters of mutual interest and concern; and

 

2.3.7     supporting and maintaining standards of conduct and attendance necessary to ensure safe, responsible and efficient operation at the Auburn Brewery.

 

2.4        Inevitably problems will arise. The important thing is they are dealt with promptly and fairly.

 

3.  Aim of the Award

 

3.1        The parties to this Award recognise this Award represents an important further step in maintaining and building upon Tooheys market share and profitability by providing products of the highest quality and the lowest possible cost, excellent customer service and well trained and motivated employees and to that extent furthers the aims of the parties as reflected in the Tooheys Limited Auburn Brewery Enterprise Award.  This Award is an evolutionary step towards a productive world class enterprise.

 

3.2        The parties agree that the objective of this Award are to continue to facilitate the:

 

3.2.1     maintenance of Tooheys business for the benefits of its employees, customers, shareholders and the community at large;

 

3.2.2     profitable manufacture of the highest possible quality      products at the lowest possible cost; and

 

3.2.3     development and maintenance of the most productive and harmonious working relationship possible.

 

3.3        The parties recognise an important factor in achieving this objective is to develop 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 contributions and benefit from the success of their efforts.  The need for flexibility of jobs and duties within and between work areas, subject only to limitations imposed by individual skill levels is also recognised by the parties as critical to achieving the objectives of this Award.  The agreement of the parties as reflected in the clause dealing with individual terms and conditions of employment of this Award reflects the parties continuing endeavours in this regard.

 

4.  Work Schedule

 

4.1        Annualised Salary

 

4.1.1     The ordinary hours of work shall be 35 per week.  Your rostered shift pattern will be one shift per day of 8 hours.  The shift roster will be dependant upon the Department you are working in, for example, the Engine Room currently works a 7-day shift, 4 panel system.

 

4.1.2     Each shift will include a meal time of at least 20 minutes during the 8 hour shift or two in a twelve hour shift.  In addition, one 10 minute break will also be allowed per 8 hour shift or two per twelve hour shift.

 

4.1.3     All employees covered by this Award shall be paid an annualised salary which is an all inclusive amount based on the following rostered hours, namely:

 

(a)        For 5 day shift workers in Bottling, CBL, and Engine Room:

 

(i)         a 35 hr week

 

(ii)        an additional 5 hours overtime; and

 

(iii)       a further 2 hours overtime to take into account any occasion on which an employee may be required to work more than 40 rostered hours in any week arising out of a particular shift pattern. Employees will be paid these extra hours irrespective of whether or not they work them in each pay period.

 

(b)       For 7 day shift workers:

 

(i)         a 35 hour week

 

(ii)        an additional 7 hours overtime; and

 

(iii)       a further 2 hours overtime to take into account any occasion on which an employee may be required to work more than 42 rostered hours in any week arising out of a particular shift pattern. Employees will be paid these extra hours irrespective of whether or not they work them in each pay period.

 

(iv)       an additional 5 hours at double time in lieu of weekend penalties.

 

(c)        For 5 day shift workers in Brewing and Racking:

 

(i)         a 35 hour week

 

(ii)        an additional 5 hours overtime; and

 

(iii)       further 4 hours overtime to take into account any occasion on which an employee may be required to work more than 40 rostered hours in any week arising out of a particular shift pattern.  Employees will be paid these extra hours irrespective of whether or not they work them in each pay period.

 

4.2        Overtime

 

4.2.1     Tooheys and the employees may agree on the working of fixed shifts in any area.  If you work such an arrangement, you will be a shift employee.

 

4.2.2     If you are a day employee, all time worked in excess of your ordinary hours will be paid at double time.  If you are a shift employee all time worked outside the ordinary hours of your shift will be paid at double time.

 

4.2.3     Tooheys shall pay each Brewery Technician two meal allowances per week for the working of rostered hours inclusive of accrued hours.  If you are required to work overtime for 2 hours or more exclusive of scheduled accrued hours with less than 24 hours notice, you will be paid a meal allowance as set out in Schedule A - Wage Rates and Allowances - Classifications and Rate Schedule.

 

4.2.4     If a team of Brewery Technicians and a Team Leader mutually agree to vary or extend the span of hours on any day, no meal allowances will be incurred.  No meal allowance will be incurred on 12 hour shift patterns.

 

4.2.5     If you work so much overtime between the termination of your ordinary work on one day and the commencement of your ordinary work on the next day that you have not had at least eight hours off duty between those times, you will be released after completion of such overtime until you have had eight hours off duty without loss of pay for ordinary working time occurring during such absence.

 

4.2.6     If on the instructions of Tooheys you resume or continue work without having had eight hours off duty you will be paid at double time rates until you are released from duty for eight hours and you then will be entitled to be absent until you have had eight hours off duty without loss of pay for ordinary working time occurring during such absence.

 

4.2.7     By personal arrangement, you may relieve another shift employee before the end of a shift but in such circumstances Tooheys will not pay overtime rates for time worked beyond the 8 hours per shift.

 

4.2.8     If you are a 7 day shift worker, Tooheys will not require you to work a double shift except in exceptional circumstances.

 

4.2.9     If you are recalled after having left work to work overtime you will be paid four hours at double time.

 

4.2.10   Allocation of overtime to employees will be in accordance with Tooheys requirements.  All time worked in excess of the rostered hours referred to above shall be worked in accordance with Clause 4.6.

 

4.2.11   Shift allowances, penalty rates and other prescribed allowances under this Award shall continue to apply.

 

4.2.12   All employees covered by this Award will receive their pay via electronic transfer of funds into an account nominated by the employee or other financial institution recognised by Tooheys.

 

4.2.13   Subject to clause 4.2 13.1, an employer may require an employee to work reasonable overtime at overtime rates.

 

4.2.13.1            An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

4.2.13.2            For the purposes of clause 4.2.13.1 what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee's personal circumstances including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

(iv)       the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(v)        any other relevant matter.

 

4.2.13.3            For the purpose of Clause 4.2.13 ‘overtime’ shall mean any overtime hours in addition to the regular  rostered accrued hours.

 

4.3        Starting/Finishing Times

 

4.3.1     All time worked between midnight Friday and midnight Saturday as part of your roster will be paid at double time.  This will be built into your salary, if applicable.

 

4.3.2     All time worked as part of your roster will be paid on Sundays at double time and Public Holidays at double time and a half which shall be in lieu of any rate otherwise payable, except in the engine room, where shift allowance will be included in the hourly rate.  This will be built into your salary, if applicable.

 

4.3.3     Except in case of emergency, a roster when put into operation will not be altered without prior discussion.  There will be fixed times of starting and finishing work which will not, except in case of emergency, be altered without prior discussion.

 

4.3.4     The current starting times being worked are:

 

 

(where agreed between the parties)

 

4.3.5     It is recognised that staggered starts around the starting times will be worked when required (eg on single shift and double shift operation).

 

4.4        Saturday, Sunday and Holiday Work

 

4.4.1     If you are a day employee and are required to work on Saturday and or Sunday you will be paid for a minimum of four hours at the appropriate overtime rate.

 

4.4.2     All time worked on a public holiday will be paid at double time and a half with a minimum payment of four hours.

 

4.5        7 Day Roster

 

4.5.1     Prior to implementing the 7 day roster Tooheys will consult as widely as practicable with all employees affected.  This consultation will commence 28 days before the change wherever possible with a guarantee of 14 days minimum notice except in the case of an emergency.

 

4.5.2     Tooheys will provide for a minimum work period of 8 weeks in Brewing and 4 weeks in Packaging on each occasion a 7 day roster is worked.

 

4.5.3     Any employee moving to a 7 day roster shall, except in emergencies, receive no less than 14 days notice.

 

4.5.4     For non-continuous 7 day roster (less than 12 months), Tooheys shall, in addition to the provisions of Clause 4.1.3(a) or 4.1.3(c) pay 12 annualised hours for every completed week of the 7 day roster worked.

 

4.5.5     Employees who take annual leave whilst on a non-continuous 7 day roster shall have the 12 annualised hours pro-rated accordingly.

 

4.5.6     For continuous 7 day roster (greater than 12 months), Tooheys shall pay in accordance with Clause 4.1.3(b) and Clause 4.5.7 below.

 

4.5.7     In addition to Clause 4.5.6 above, for continuous 7 day roster (greater than 12 months), Tooheys shall increase the shift allowance payable by the percentage difference between the Brewing shift allowance contained in Schedule B of this Award and the Engine Room shift allowance contained in Schedule B of this Award for Brewing employees and; the percentage difference between the Packaging shift allowance contained in Schedule B of this Award and the Engine Room shift allowance contained in Schedule B of this Award for Packaging employees.

 

4.5.8     Tooheys will support the majority view of effected employees to share and rotate any period of a 7 day roster, subject to skills, on a fair and equitable basis.  This sharing and rotation will not alter the basis for payment.

 

4.6        Accrued Hours

 

4.6.1     Accrued hours are additional paid hours to provide flexibility of operation and may be used for any work related activity.

 

4.6.2     Accrued hours are credited and debited and may be worked on an individual or team basis irrespective of the number of hours worked.  Debits will occur for actual accrued hours worked or for those accrued hours scheduled, worked or not.

 

4.6.3     Tooheys will on a quarterly basis, pay at double time rates (at base Award rates as outlined in Schedule B or higher personal rate, if applicable) any hours worked in excess of the accrued hours - as per clause 4.6.11.

 

4.6.4     Accrued hours are tracked on quarterly periods (13 weeks per period):

 

Review period 1	January - March
Review period 2	April - June
Review period 3	July - September
Review period 4	October - December

 

4.6.5 Each period consists of a number of accrued hours which varies depending on which department you work in.

 

Brewing	48 hours / individual per period
Bottling/Canning	24 hours / individual per period
Engine Room	23.5 hours / individual per period
Racking	48 hours / individual per period

 

4.6.6     One weeks notice will be given for all scheduled or rostered accrued hours.  Employees will be notified in advance by the Department Manager or Team Leader of any scheduled accrued hours, for example via published shift roster or a verbal or written briefing.

 

4.6.7     Any additional hours in excess of your normal rostered hours will be exhausted against the accrued hours.

 

4.6.8     Any additional hours required to be worked in excess of the published roster shall be offered to Tooheys employees in the first instance.  Should no suitably skilled Tooheys employee wish to work the additional hours against the accrued hours system, Tooheys shall engage a contractor to work such additional hours.

 

4.6.9     Any vacancy within a published roster shall be in the first instance filled by a contractor working ordinary hours at ordinary rates.  If this is not possible, the additional hours will be offered as per Clause 4.6.8 above.

 

4.6.10   ‘vacancy’ referred to in 4.6.9 shall mean the normal published rostered hours of the unavailable employee.

 

4.6.11   Once accrued hours allocated in any quarter have been used up, any hours worked over and above the accrued hours in that quarter shall be paid at overtime rates in accordance with Clause 4.2 Overtime.  Such payment will be made in the first pay period following the fortnight when the overtime hours over and above accrued hours are worked.

 

5.  Leave

 

5.1        Public Holidays

 

5.1.1     The days on which the following days are ordinarily observed will be public holidays.

 

New Year's Day

Australia Day

Good Friday

Easter Monday

Anzac Day

Queens Birthday

Eight Hour Day

Christmas Day

Boxing Day, and

all other gazetted holidays observed throughout the State

 

Auburn Brewery Picnic Day will be determined by mutual agreement before the end of November in each year.  If no agreement can be reached by the end of November, the Picnic Day will default to the 3rd Monday in February.

 

5.1.2     You will not be called upon to work on a public holiday unless you have received twenty-four hours' notice of such duty provided that in the event of any of the public holidays falling on a Sunday and another day in the following week being observed in lieu thereof throughout the State then the latter will be the day to be observed.

 

5.1.3     No deduction will be made from your annualised salary because of authorised absence from work on a public holiday.

 

5.1.4     Where a public holiday falls on your rostered day off you will be paid an extra day's pay (8 hours) which has been incorporated in your annualised salary.

 

5.2        Compassionate Leave

 

5.2.1     An employee may apply for and may be granted compassionate leave up to a maximum of three days in any year of service to cover personal or domestic problems.  Such leave shall be recommended by the employee’s Team Leader and may be granted at the discretion of the Departmental Manager who will require proof of circumstances leading to the claim for such leave.

 

5.3        Annual Leave

 

5.3.1     Except as otherwise recorded below, annual leave will be in accordance with the Annual Holidays Act 1944.

 

5.3.2     The period of annual leave will be four weeks.

 

5.3.3     In any year, if you serve continuously as a seven day shift employee you will be entitled to an additional week of annual leave.  If in any year you serve a portion of it as a seven day shift employee you will be entitled to a pro-rata portion of the extra week, but if the calculation includes a fraction of a day that fraction will not form part of the leave period and will be discharged by payment only.

 

5.3.4     Annual leave is to be taken in one consecutive period or by mutual agreement in two separate periods.

 

5.3.5     Where your employment is terminated and you become entitled under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday payment, a payment of two hours fifty-five minutes at your ordinary wage rate will be made with respect to each four weeks as a seven-day shift employee which you have rendered during the period of employment.

 

5.3.6     Be sure to discuss your holiday preferences with your Team Leader so that as far as practicable your wishes may be accommodated.  In circumstances where annual leave is scheduled according to a roster drawn up by your Team Leader you will receive three months’ notice of the start of your rostered leave.

 

5.4        Sick Leave

 

5.4.1     You will be entitled to sick leave of 70 hours of working time built in to your base annual salary at your base hourly rate.  This does not limit your entitlement to paid sick leave in accordance with clause 5.4.3.

 

5.4.2     You may use your sick leave when you are absent from work because of your illness or because of injury resulting from a work accident (except for any period you are paid Workers Compensation).

 

5.4.3     Tooheys does not have a fixed sick leave entitlement.  If you are absent from work due to illness or accident, you should make arrangements to inform your Leader as soon as possible, preferably before your usual starting time.  Each request for sick leave will be considered according to the Group’s policy.  Your Leader may require a medical certificate to support your absence from work.

 

5.4.4     You may be required to present a medical certificate, at Tooheys cost, to support any sick leave application but where Tooheys accepts your absence was due to genuine illness, no certificate will be required.

 

5.4.5     If you have two or more years of service, you may apply for extended sick leave of up to 12 weeks in any one year of service.  Such leave may be granted at the discretion of Tooheys but will not be unreasonably withheld.

 

5.4.6     This clause may be utilised in the case of rehabilitation.

 

5.4.7     The employee shall prove to the satisfaction of the Team Leader that he was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

5.4.8     A valid Doctors certificate supplied by the employee will be proof of inability to attend for duty and substantiate any sick leave claim.

 

5.5        Bereavement Leave

 

5.5.1     An employee, other than a casual employee, shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 5.5.4.

 

5.5.2     An employee, other than a casual employee, shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death outside of Australia of a person prescribed by sub clause 5.5.4, where such employee travels outside Australia to attend the funeral.

 

5.5.3     The employee must notify Tooheys as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of Tooheys proof of death.

 

5.5.4     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 sub clause 5.10.1(c) provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

5.5.5     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.

 

5.5.6     Bereavement leave may be taken in conjunction with other leave available under subclauses 5.10.2, 5.10.3, 5.10.4 and 5.10.5.  In determining such a request Tooheys will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

5.6        Long Service Leave

 

5.6.1     Long service leave will be as agreed between the Union and Tooheys in accordance with the Long Service Leave Act 1955.

 

5.7        Repatriation Leave

 

5.7.1     If you are an ex-service person you will be allowed leave to attend repatriation centres for medical examination and/or treatment on the following basis:

 

(a)        the amount of paid leave will not exceed 24 hours in each year of service.

 

(b)       payment will be limited to the difference between the ordinary wages for the time lost and any payment received from the Repatriation Department.

 

(c)        Tooheys may require satisfactory evidence of the visit.

 

5.8        Leave for Blood Donors

 

5.8.1     If you are absent during ordinary working hours for the purpose of donating blood you will not suffer any deduction of pay, up to a maximum of two hours on each occasion, and subject to a maximum of three separate absences for the purpose of donating blood each calendar year, provided that you arrange as far as practicable for your absence to be as close as possible to the end of your ordinary working hours.  Please notify your Team Leader as soon as possible of the time and date upon which you are requesting to be absent for the purpose of donating blood.  Proof of the attendance may be required by your Team Leader.

 

5.9        Jury Service

 

5.9.1     If you are required to attend for jury service during your ordinary working hours you will be reimbursed by Tooheys an amount equal to the difference between the amount paid in respect of your attendance and the amount you would have received in respect of your ordinary hours of work.

 

5.10      Personal/Carer’s Leave

 

5.10.1   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 (ii) of paragraph (c) of this subclause who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any sick leave entitlement provided for in subclause 5.4 of Clause 5, Leave, up to a maximum of 70 hours per year, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

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

 

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

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)       a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of 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, 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.

 

(d)       An employee shall, wherever practicable, give Tooheys notice, prior to the absence, of the intention to take leave, the name of the person requiring care and the 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 Tooheys by telephone of such absence at the first opportunity on the day of the absence.

 

5.10.2   Unpaid Leave for Family Purpose:

 

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

 

5.10.3   Annual Leave:

 

(a)        An employee may elect, with the consent of Tooheys, 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 Tooheys 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.

 

5.10.4   Time Off in Lieu of Payment for Overtime:

 

(a)        An employee may elect, with the consent of Tooheys, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)       Overtime taken as time off during ordinary-time hours shall be taken at ordinary-time rate, that is, an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

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

 

5.10.5   Make-up Time:

 

(a)        An employee may elect, with the consent of Tooheys, 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 Tooheys, 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.  Remuneration

 

6.1        Brewery Technicians Classification and Rates

 

6.1.1     The classifications and rates of pay applying under this Award are listed in Schedule A.  All employees at the Auburn Brewery under this Award shall be designated Brewery Technicians.

 

6.1.2     The basis of remuneration for all Brewery Technicians will be by way of salary, built off the current rates outlined in Schedule A, and an example of annualised salaries as in Schedule B.

 

6.1.3     On 1 December 2004, all wage rates and allowances will be adjusted by 4%.

 

6.1.4     On 1 September 2005, all salaries and allowances will be adjusted by 4%, plus 15% of the bonus achievement of the Tooheys Operations Team Bonus 4% bonus scheme.  The balance of the bonus achievement will be paid as a lump sum by salary sacrifice into the employee’s superannuation scheme.  By application provided by the company, employees may elect to receive the lump sum as PAYG earnings.

 

6.1.5     On 1 September 2006, all salaries and allowances will be adjusted by 4%, plus 15% of the bonus achievement of the Tooheys Operations Team Bonus 4% bonus scheme.  The balance of the bonus achievement will be paid as a lump sum by salary sacrifice into the employee’s superannuation scheme.  By application provided by the company, employees may elect to receive the lump sum as PAYG earnings.

 

6.2        Tooheys Operations Team Bonus

 

6.2.1     The Tooheys Operations Team Bonus scheme runs annually from 1st October to 30th September the following year for the nominal term of this Award, and is based on the Tooheys Operations cents per litre measure. For the avoidance of doubt, payment of the bonus in the final year of this award will be made, as normal, as soon as practicable, once the final outcome is known at the end of the Tooheys financial year.

 

6.2.2     The measure is based on the costs of Tooheys Operations Fixed Manufacturing Overheads (FMO’s), and Costs of Wastage variance from the bill of materials (Wastage), divided by the production volume.

 

6.2.3     Where bonus achievement is less than 100%, no bonus applies, and hence only the 4% increase applies in the pay increase above.

 

(a)        Where the bonus target is attained the achievement will be rated as 100% and (15% x 100% x 4%) = 0.6% will be added to the 4% increase for the pay rise above.

 

(b)       The opportunity for Bonus achievement ranges from 0-400%.  For achievements greater than 100% the rating will be applied to the calculation.  Achievements greater than 100% are determined by the Lion Nathan Remuneration Committee.

 

6.2.4     The balance of the bonus achievement will be paid as a lump sum bonus of base annual salary, as per sub clauses 6.1.4 and 6.1.5 above.

 

(a)        Where the bonus target is attained the achievement will be rated as 100% and (85% x 100% x 4%) = 3.4% lump sum bonus will be paid.

 

(b)       Those Brewery Technicians currently participating in the 10% Bonus opportunity will continue to receive their Productivity Bonus as a lump sum based on the 10% amount; however the amount paid will be the balance of the 10% Bonus less the Salary increase. e.g. Where the bonus target is attained the achievement will be rated as 100% and (10% - 0.6%) = 9.4% lump sum bonus will be paid.

 

6.3        Payment of Salaries

 

6.3.1     Employees will be paid fortnightly on Thursdays by direct credit to your bank account.  The details of each payment will be confirmed by pay slip.

 

6.4        Deductions

 

6.4.1     Where an employee makes a written request, Tooheys will make reasonable deductions from an individual’s pay and make a corresponding payment to the business or organisation you specify.

 

6.4.2     On termination of employment or at such other times as Tooheys may require, Tooheys may make a deduction from your pay for any unreturned Tooheys property or any payment you owe to Tooheys.

 

6.5        Expenses

 

6.5.1     You will be reimbursed for authorised incidental business expenses that may be incurred in the course of your duties.

 

7.  Individual Employment Agreement

 

7.1

 

7.1.1     Notwithstanding the provisions of this Award, Tooheys may offer and an employee may voluntarily accept terms and conditions of employment where such terms and conditions including total remuneration are not less favourable in aggregate than the entitlements as outlined under this Award.

 

7.1.2     An annualised salary and individual employment agreement will be negotiated with each employee which will take into account the hours needed to be worked the skill, knowledge and qualifications (both formal and job related) held by the employee.

 

7.1.3     An employee's salary will be reviewed on an annual basis in accordance with the Tooheys performance management review system.

 

7.1.4     No employee will be forced to accept an employment agreement as they will be entered into on a voluntary basis with employees exercising their individual right to accept or reject such an offer.  Upon agreeing to such an employment agreement, should an employee decide to withdraw from the agreement they may do so and will revert to the rates of pay and conditions of employment under this Award. An employee has the right to be represented by a union delegate or official whilst discussing an individual agreement.

 

8.  Health and Safety and Environment

 

Health and Safety

 

8.1        Tooheys is committed to ensure the safety of employees at work and avoidance of personal injury is a primary objective.  Accidents and injuries can be prevented, and to this end, employees are required to participate in Tooheys' safety programmes, and be responsible for knowing and following the safety and health rules applicable.

 

8.2        Tooheys will provide protective clothing and safety equipment appropriate to the working conditions.  Failure to use protective clothing and safety equipment will result in disciplinary action.

 

8.3        All work accidents and all near hits must be promptly reported to your Team Leader and the details of the accident or near hit recorded, preferably on the day on which it occurred.

 

8.4        If you suffer a minor injury, treatment should be given by a trained first aider.  Should your injury warrant further medical attention it will be arranged for you to visit, a local doctor, or in an emergency, the local hospital (whichever is appropriate).

 

8.5        On starting employment you will be required to complete a competency based safety induction.  As part of your ongoing commitment to safety, during your employment you will be required to participate in relevant Health and Safety training.

 

Environment

 

8.6        Tooheys is committed to taking every reasonable step to protect our environment.  Every employee also has a responsibility to assist in protecting the environment and as such, you are responsible for complying with the relevant environmental policies and procedures; attending relevant training; following appropriate work instructions; and reporting any incidents or near hits.

 

9.  Training

 

9.1        Auburn Brewery Training Code

 

General Conditions

 

9.1.1     In order to increase the efficiency, productivity and international competitiveness of the Auburn Brewery, the objectives are to:

 

(a)        Develop a more highly skilled and flexible work force.

 

(b)       Provide you and other employees with career opportunities through appropriate training to acquire additional skills.

 

(c)        Remove barriers to using acquired skills.

 

9.1.2     The parties to this Award will develop training programmes consistent with:

 

(a)        The current and future skill needs of the Auburn Brewery.

 

(b)       The size, structure and nature of the Auburn Brewery.

 

(c)        The need to develop skills relevant to Auburn Brewery through courses conducted on the job and also by educational institutions and providers.

 

9.1.3     Brewery Technicians will acquire and utilise to the best of their ability the skills and knowledge they acquire.

 

9.1.4     Brewery Technicians will be paid the rate applicable to the appropriate skill level they possess and are required to utilise as outlined in Schedule A.

 

9.1.5     Brewery Technicians who are graded at a higher skill level will perform work at a lower skill level whenever required without loss of pay.

 

9.1.6     Skills level training shall be provided during normal working time (with protection of earnings) through on-the-job and on (and off) site formal training sessions.  Should such job related training extend beyond normal working hours such training will be paid for at ordinary time rates of pay.

 

9.1.7     A brewery technician who utilises higher skills whilst undergoing training is not entitled to any increase in pay by way of additional salary.  Re-grading to higher levels will not occur until competency is achieved.

 

9.1.8     Subject to them being competent to do so, a staff member or Brewery Technician may be utilised to provide training or assistance to training.

 

9.1.9     The aim of the business is to provide training and development opportunities to all team members consistent with both their needs, the needs of their team, and the needs of the business.  To this end, Individual Development Plans will be established for all employees.

 

9.2        Development Plans

 

9.2.1     The parties agree to jointly establish Development Plans which will be developed for team members at the team level through discussion and consultation between Team Leader, Brewery Technicians, and Training Co-ordinators.

 

9.2.2     Development Plans may recognise:

 

(a)        Skill Aspirations of team members that are pertinent in the first instance to the Auburn Brewery;

 

(b)       Skill needs of the team;

 

(c)        Resources available (machine, process systems, equipment, materials etc)

 

9.2.3     Development Plans will be for a maximum of 12 months.  Once the Plans have been implemented, and outcomes achieved, a new Development Plan will be developed.

 

9.2.4     Amendments to the Development Plans may be made as a result of:

 

(a)        The team member transferring to another Department or Team in which case a new Development Plan will be developed;

 

(b)       Changes have occurred to machines, process systems, equipment, materials etc;

 

(c)        The needs of our customers and our business;

 

(d)       Individual choice, through discussion/consultation between the Team Leader, the Brewery Technician and Training Co-ordinator.

 

9.2.5     Development Plans will be regularly reviewed by the Team Leader and the Technician.  This can occur:

 

(a)        Daily, weekly or monthly;

 

(b)       At least every six months and up to 12 months;

 

9.2.6     The Assessment System will be based on the following principals:

 

(a)        Assessment criteria via learning outcomes contained in each workstation module or training program.

 

(b)       Competency achieved when totally competent in all learning outcomes in all areas of the workstation or training program.

 

(c)        Competency is assessed by trained assessors.

 

(d)       Criteria to identify assessors.

 

(e)        Assessors audited by Training Co-ordinators.

 

(f)        Appeals via Guaranteed Fair Treatment.

 

Definitions

 

9.3        Competency

 

9.3.1     A Competence comprises the specification of knowledge and skill and the application of that knowledge and skill within an occupation or industry level to the standard of performance required in employment.

 

9.4        Competency Assessment

 

9.4.1     The means used to determine whether an employee has demonstrated the competence required for job.

 

9.4.2     The assessment criteria applying to competency assessment is contained in the Training Module as "Learning Outcomes".

 

9.5        Competency Standards

 

9.5.1     Competency standards reflect the specification of the knowledge and skills and the application of that knowledge and skill to the standard of performance required in employment.  Standards are developed based on the organisation of work, expressed in terms of workplace outcomes, and are regularly reviewed to ensure their continuing relevance to the workplace.

 

9.6        Competency Based Skill Training

 

9.6.1     A system of training designed to provide employees with the skills and knowledge necessary to meet the standards of performance required in employment.

 

9.7        Learning Outcomes

 

9.7.1     What an employee is expected to be able to do as a consequence of training.

 

9.7.2     Learning Outcomes are specified within each training module.

 

9.7.3     Employees will be able to preview the Learning Outcomes for any module at any time prior or during training.

 

9.8        Self-paced Learning

 

9.8.1     Employees will be able to train at their own pace to acquire the skills, knowledge and experience required to demonstrate competence.

 

9.8.2     All non-classroom based Modules will be designed in this manner and will be competency based.

 

9.9        On-the-Job Training

 

9.9.1     Every employee has a responsibility in training others to acquire skills, knowledge and experience.  Train-the-trainer training will be made available to all employees.

 

9.10      Workplace Assessor

 

9.10.1   Workplace Assessors will conduct assessment by validating trainees knowledge and skills against the learning outcomes of the Training Modules.

 

9.10.2   The goal of the Workplace Assessor is to achieve quality and consistency in the recognition of competency.

 

9.10.3   They will be required to complete a Workplace Assessor’s Program and demonstrate competence.

 

9.11      Essential Programs

 

9.11.1   Programs to develop foundations skills, knowledge, attitudes and judgements required to be an effective Tooheys employee.

 

9.12      Development Programs

 

9.12.1   Programs designed to maximise the full potential of Tooheys employees.

 

9.12.2   A Brewery Technician who is engaged on instructing or training other employees is not entitled to any additional salary.

 

9.12.3   Any training issues which cannot be determined by consensus between the Brewery Technician and the Team Leader will be determined in accordance with Tooheys policy on Guaranteed Fair Treatment.

 

10.  Benefits Programme

 

10.1      Staff Purchases

 

10.1.1   Employees are eligible to receive staff beer voucher discounts in accordance with the Discount Policy.  The Discount Policy will be maintained, such that one beer ticket will be received each week sufficient to purchase a standard carton of Tooheys New, Tooheys Old, Tooheys Maxim or Tooheys Extra Dry, and one of those beer tickets per month will entitle the recipient to a carton of Hahn Premium, although with no difference in face value to the standard beer ticket.

 

10.2      Superannuation

 

10.2.1   All full-time and permanent part-time employees regularly working 20 hours or more per week are eligible to become contributory members of the Lion Nathan Australian Superannuation Fund ("the Fund:").

 

10.2.2   Temporary employees; permanent part-time employees regularly working less than 20 hours per week; casual employees or Tooheys’ contractors will become non-contributory members of the Fund; if their direct employment relationship is with Tooheys.

 

10.2.3   Each permanent full-time employee and permanent part-time employee working on average 20 hours per week or more may contribute by way of salary sacrifice or contribute from after-tax salary.  Each employee has the option to elect their contribution rate from time to time to the fund.

 

10.2.4   For employees contributing at least 2% of salary, the employer will contribute 12.5% of salary to the fund.  All other employees will have the minimum level required under the Superannuation Guarantee (Administration) Act contributed on their behalf to the fund.

 

11.  Terms of Employment

 

11.1      Termination

 

11.1.1   One week’s notice of termination of employment must be given by an employee or Tooheys, but an employee may be dismissed without notice for serious misconduct.

 

11.1.2   Where an employee or Tooheys does not give the required notice the employee or Tooheys will be paid or forfeit the unexpired portion of the notice period.

 

11.2      Redundancy

 

11.2.1   Redundancy means a situation where your employment is terminated by Tooheys, the termination being attributable, wholly or mainly, to the fact that the position filled by you is, or will become, superfluous to the needs of Tooheys.

 

11.2.2   The redundancy formulae shall be as follows:

 

(a)        three weeks pay for the first year of service up to 15 years, four weeks per annum thereafter

 

(b)       four weeks in lieu of notice

 

(c)        five weeks ex gratia

 

11.2.3   No redundancy will arise by reason of the sale or transfer of the whole or part of the business where the person acquiring the business offers you employment in the same capacity on identical conditions of employment, excluding superannuation, and agrees to treat your service as being continuous.

 

11.2.4   In order to assist you secure further employment, during the notice period the following forms of assistance will be provided in lieu of compensation:

 

(a)        Paid leave for you to attend job interviews provided that satisfactory evidence is produced if required by Tooheys.

 

(b)       Training in preparation of work resumes, and letters of application; telephone; job searching and interview skills.

 

Financial planning advice.

Counselling.

Contact with other employers regarding possible job opportunities.

 

11.2.5   By agreement with Tooheys, if you commence other employment during the notice period you will not be paid for the balance of the notice period.

 

11.3      Company Rules, Policies and Procedures

 

11.3.1   The Tooheys Limited Work Rules, Investigation Procedures and Performance and Conduct Policy apply to your employment. (See schedule C.)

 

11.3.2   Subject to consultation and agreement Tooheys may vary, cancel or introduce rules, polices and procedures.

 

12.  Individual Conditions

 

12.1      It is a term and condition of this Award that any Auburn employee has total site flexibility and:

 

(a)        performs any work as Tooheys may from time to time reasonably require within the limits of the employee's competence, and safe work practices;

 

(b)        work with any of Tooheys' employees and with employees from other companies who are engaged for specialised or peak work load requirements;

 

(c)        perform quality control work along with relevant maintenance as required;

 

(d)        complete training so as to assist in advancement of skills to operate existing and new plant and equipment and to facilitate working in a team environment;

 

(e)        work in a team environment without fixed manning levels or demarcation;

 

(f)         work in an environment that has continuous operation of plant and equipment and provides for staggered meal breaks;

 

(g)        use as directed by Tooheys protective clothing and equipment provided for specific circumstances;

 

(h)        comply with safety regulations as determined by Tooheys or as prescribed by Government regulation;

 

(i)         observe regulations published by Tooheys to provide an orderly and safe workplace, including keeping the workplace and equipment in a clean and safe condition; and

 

(j)         at all times comply with the provisions of the Issue Resolution Procedure.

 

13.  Union Representation

 

13.1.     Delegates

 

13.1.1   Where the union appoints an employee as an on-the-job delegate, their name will be given to Tooheys in writing and Tooheys will then recognise the delegate as a union representative.

 

13.1.2   Subject to prior notification, such delegates will be allowed reasonable paid time on site to conduct relevant union business on the understanding that a delegates authority is restricted to the application of this Award and working conditions.

 

13.2      Delegates Code of Conduct

 

13.2.1   Union Delegates:

 

(a)        Tooheys recognises the right of duly elected union delegates to represent employees on matters pertaining to grievances as per Clause 15.1.4 - Guaranteed Fair Treatment Process.

 

(b)       A delegate must first obtain the permission of their Team Leader before leaving their workstation to pursue any matter of concern.  This permission includes a delegate wishing to enter a work area other than their own.

 

(c)        A Team Leader will not unreasonably withhold permission to attend to bona fide union business or matters affecting members of the union.

 

13.2.2   Accredited delegates must observe this procedure and recognise the need to balance their absence from the job on union business with the requirement for reasonable work performance in a team environment.  Consequently, it is agreed that most follow up activities will take place outside the delegate’s normal shift, where possible.  A delegate shall receive protection of ordinary earnings for approved time away from the job.

 

13.3      Meetings

 

13.3.1   In order to provide for effective communication, where Tooheys or the union consider that a meeting should be called to discuss any matter, such meetings may be held on terms mutually agreed between Tooheys and the union concerned without loss of normal pay.

 

13.4      Trade Union Training Leave

 

13.4.1   Employees nominated by their union to attend recognised trade union training may do so without loss of pay subject to the following conditions:

 

(a)        Tooheys will receive a formal written request from the union for the release of the nominee setting out the times, dates, content and venue of the course.  Such a request must be received 28 days in advance of the training course.

 

(b)       Granting of such leave to two or more representatives from one union at the same time shall be subject to the consent of Tooheys so that the leave does not unduly affect Tooheys’ operations.

 

(c)        Tooheys shall not be liable to pay for more than an aggregate of 12 days pay in total per year in respect of delegates covered by this award.

 

(d)       Tooheys shall not pay employees attending such training more than the ordinary pay they would have received had they attended work for their normal hours during the day or days concerned.

 

(e)        Proof of attendance of the representatives at such a course will be provided by the union to Tooheys.

 

14.  Continuous Improvement and Restructuring

 

14.1

 

14.1.1   The parties are committed to continuous improvement to achieve real and demonstrable gains in productivity and efficiency.

 

14.1.2   For the purpose of the discussion of common issues impacting upon the flexibility and efficiencies of operations at the Auburn brewery, the parties have agreed to establish a problem solving group to investigate specific issues.

 

15.  Guaranteed Fair Treatment Process

 

15.1

 

15.1.1   The objective of this procedure is to promote the resolution of industrial issues by way of consultation, co-operation and discussion.

 

15.1.2   When an issue arises, or is considered likely to arise, the following steps are to be followed except in the case of a disciplinary issue which commences at Step 2:

 

Step 1

 

The matter shall be discussed as soon as possible between the employee/s and their Team Leader.  If the matter remains unresolved follow Step 2.

 

Step 2

 

The matter shall be discussed between the employee/s, a union head delegate if so requested and the Team Leader involved.  Tooheys shall advise the employee/s that union representation is available if required. If the matter remains unresolved, follow step 3.

 

Step 3

 

The employee/s shall refer the matter to the Departmental Manager who will endeavour to resolve the matter within 24 hours.  If the matter remains unresolved Step 4 must be followed.

 

Step 4

 

This step will involve a full review of the factual circumstances surrounding the issue with both the delegate and the employee being given an opportunity to put the issue to the Operations Director.  Tooheys will make a decision and relay this decision to the delegate/ employee within 48 hours.

 

15.1.3   The parties are committed to the strict adherence to this procedure. This will be facilitated by the earliest possible advice by one party to the other of any problem which may give rise to a grievance or dispute.  The parties agree not to deliberately frustrate or delay this process.  In any case, Steps 1 to 4 shall be completed within 7 days of any grievance or dispute being notified.  During this time, the parties agree to maintain the status quo:

 

(a)        Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.

 

(b)       Unless otherwise specified, reasonable time limits shall be allowed for the completion of the various stages of the discussions.

 

(c)        If the four step procedure is exhausted without the issue being resolved the matter will be referred, jointly or separately, to the Commission to exercise its power and functions under the Act.

 

(d)       In order to allow for the peaceful resolution of grievance or disputes the parties are committed to no stoppages of work, lock-outs or any other bans or limitations on the performance of work while these procedures are being followed.

 

15.1.4   The employee/Tooheys may at any time during Steps 1-2 of the Guaranteed Fair Treatment process involve a delegate and/or an official from the union.  The employee/Tooheys may at any time during Steps 3-4 of the Guaranteed Fair Treatment process involve delegates and/or officials from the Union

 

15.1.5   Tooheys shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices.

 

15.2      Abandonment of Employment

 

15.2.1   If an employee is absent from work for a continuous period exceeding three working days without notification to Tooheys, Tooheys may follow the abandonment of employment procedure as follows:

 

(a)        Tooheys shall inform the employees' section delegate that it is proposed to take action under this procedure and shall provide the delegate with the last known residential address of the employee.

 

(b)       Tooheys shall forward to the employee a written notification that it is proposed to notify the termination of their employment by abandonment.  Such notification shall be sent by certified mail or by FaxPost to the employee's last known residential address, and shall contain the name and telephone number of Tooheys' representative to whom they should report and the name of the employee's section delegate.

 

(c)        Should the employee fail to contact Tooheys on the third working day following the date of posting of the notification, the employee shall be deemed to have abandoned their employment, with the effect from the last day attended for duty.

 

(d)       In any case where it is noted that the employee has abandoned their employment, and it is subsequently found that the absence and failure to notify Tooheys was due to a reasonable cause, the employee shall be reinstated for duty.

 

16.  Contractors

 

16.1      Nothing in this Award shall prevent Tooheys from contracting out services that are ancillary to its core manufacturing business at the Auburn Brewery.

 

16.2      Tooheys shall ensure in respect of all such contractors that:

 

(a)        the contractor's employees observe all site safety conditions; and

 

(b)        the contractor observes the applicable award conditions of employment in relation to its employees.

 

16.3      Tooheys may engage additional temporary or casual staff or contractors, if required, to cover production requirements.

 

16.4.     Temporary and Casual Brewery Technicians Will be Paid Not Less Than the Appropriate Salary (Including Appropriate Allowances, Loadings and Penalty Rates) as Paid to Tooheys Brewery Technicians.

 

16.5      Where it is necessary to perform additional work it will be initially exhausted against the annual allowance contained under the annualised salary provisions of this award.  In the event that overtime will have to be worked in excess of the published roster, overtime will then be offered to Tooheys Brewery Technicians and exhausted against the accrued hours as per Clause 4.6.8 of this award.  Should it be necessary to put additional shifts in place this will be achieved in the most cost effective manner, i.e. by engaging Causal Brewery Technicians at ordinary time for ordinary hours.

 

16.6      Brewery Technicians will work with employees from other companies who are engaged for specialised or peak work load requirements.

 

17.  No Extra Claims

 

17.1      There shall be no further wage increases or claims during the term of this Award except as provided for in this award and/or where consistent with a State Wage Case decision, which adjustment it is further agreed shall be processed by way of a variation to this Award in accordance with the provisions of the Act.

 

18.  Negotiating the Next Award

 

18.1      The parties agree to commence negotiations on a new Award prior to the expiration of this Award (such discussions to commence no later than 4 months prior to the expiration of this Award).

 

18.2      In the event that the parties fail to negotiate a new Award and this Award is terminated in accordance with the provisions of the Act, there shall be no reduction in the rates of pay applicable at the time the Award is terminated.

 

19.  Declaration

 

19.1      The parties declare that this Award:

 

19.1.1   is not contrary to the public interest;

 

19.1.2   is not unfair, harsh or unconscionable;

 

19.1.3   was not entered into under duress; and

 

19.1.4   is in the interests of the parties.

 

20.  Area, Incidence and Duration of the Award

 

20.1      The parties to this Award are Tooheys Pty Limited, the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch and the Construction, Forestry, Mining and Energy Union (New South Wales Branch).

 

20.2      This Award sets pay and conditions of employment for all employees of Tooheys Pty Limited at the Auburn Brewery.

 

20.3      This Award is to be read and interpreted in conjunction with the Breweries (State) Award.  Where this Award is inconsistent with the Breweries (State) Award, this Award will prevail to the extent of any inconsistency.

 

20.4      This Award replaces and rescinds the Tooheys Limited (Auburn Brewery) Enterprise Award 2000 published 26 April 2002 (332 I.G 1365), and all variations thereof.

 

20.5      This Award shall apply from 1 September 2004 and shall remain in force until 31 August 2007.

 

Schedule A

 

Wage Rates And Allowances - Classifications And Rate Schedule

Effective 1 December 2004

 

 

Schedule B

 

Example of Brewing Annualised Salaries - Effective 1 December 2004

 

 

Example of Engine Room Annualised Salaries - Effective 1 December 2004

 

 

Example of Packaging Annualised Salaries - Effective 1 December 2004

 

 

Schedule C

 

1.          Work Rules

 

Any business requires clear rules and procedures governing personal conduct to ensure the efficient operation of the business and to make clear what is expected of you.

 

If you fail to observe these rules and procedures, you will be subject to the Disciplinary Procedure.

 

A.        Attendance

 

You are required to start work on time, to observe the proper times for breaks and to work until the scheduled time to cease work.  Should you require to leave the premises before the scheduled time to cease work, you must have the prior approval of your Team Leader.

 

If you are not able to attend work for any reason, you are required to advise your Team Leader early on the first day of absence. If you cannot do this yourself you must ask some other person to contact Tooheys on your behalf.  Your Team Leader must be advised of the reasons for the absence and the expected date of return to work.

 

Where deemed appropriate by Tooheys, you will be required to comply with procedures regarding time recording.

 

B.         Performance of Duties

 

You must carry out instructions given by a person authorised to give such instructions but you will not be required to do anything which might endanger any employee.

 

You must apply yourself diligently to work during working hours and not undertake other activities without the prior approval of the Team Leader.

 

You must not deliberately or carelessly do anything that will result in poor quality of Tooheys' goods or services.

 

C.         Alcohol and Prohibited Drugs

 

Alcohol may only be consumed on the premises with the express approval of management.

 

No prohibited drugs are to be brought into the Brewery or consumed during working hours.

 

If in the opinion of your Team Leader, you are not capable of satisfactorily performing normal duties, you will be stood down without pay for the remainder of that shift.  Further instances shall be dealt with according to the disciplinary procedure.

 

D.         Property

 

Unauthorised removal or unauthorised possession of Tooheys' property or the property of other persons is not permitted.

 

Your Team Leader shall be entitled, without prior warning, to inspect your locker or bag but this shall only be carried out in your presence and in the presence of a witness.  Any searches will be non discriminatory.

 

Wilful damage to Tooheys' property or the property of other persons is not permitted.

 

Whilst Tooheys' property is in your care you must ensure that procedures covering the handling of those goods are adhered to.

 

All broken packages or damaged merchandise are not to be consumed but handed back to the Team Leader.

 

Note:  All serious cases, particularly those related to unauthorised possession of property, will be referred to the police.  Any disciplinary action Tooheys may take is quite separate from, and additional to, any action the police choose to take.

 

E.         Vehicles

 

To be authorised to drive a Tooheys motor vehicle you must have a current drivers licence for the appropriate class of motor vehicle.

 

Subject to the above, you may use a Tooheys vehicle for work related purposes provided the Team Leader gives permission.

 

Tooheys is not responsible for any traffic violations whilst the vehicle is in the your care.

 

Unauthorised use or irresponsible use of a Tooheys vehicle is not permitted.  You must not permit unauthorised persons to drive a vehicle under your control except in emergency.

 

F.         Safety Procedures

 

You are required to work safely, observe all safety procedures and use all protective clothing and equipment as specified by the Team Leader.

 

You are required to advise your Team Leader of any potential health or safety problems.

 

All accidents must be promptly reported to the Team Leader.

 

You are required to comply with any Health Department requirements relating to health/hygiene requirements.  These will be advised to you by your Team Leader.

 

G.         False Declarations

 

Wilfully making false declarations for expenses, sick benefit, accident compensation, or other matters is not permitted.

 

Wilfully making false entries on Tooheys' records relating to operational matters is not permitted.

 

H.         Personal Behaviour

 

You are expected to conduct yourself in a socially acceptable manner.  Specifically threats, abuse or physical violence are not permitted.  Provocation will not be accepted as an excuse.

 

Practical joking or skylarking is not permitted.

 

I.          Sexual Harassment

 

Sexual harassment is not permitted.

 

J.          Illegal Gambling

 

Illegal gambling is not permitted on Tooheys' premises.

 

K.         Confidential Information

 

Confidential information gained during the course of employment must not be released to persons who could materially affect Tooheys' interests.

 

L.         Media Statements

 

Statements to media representatives in respect of solely Tooheys business are prohibited.

 

M.        Smoking Policy

 

Tooheys has a smoke-free policy.  Smoking is only permitted in designated smoking areas.

 

N.         Secondary Employment

 

You may undertake secondary employment with another employer provided it does not impact on your work performance at Auburn Brewery or conflict with the Brewing business of Tooheys.

 

O.         Dress

 

You are expected to maintain high standards of personal hygiene and neatness and to wear uniforms as supplied by Tooheys.

 

For serious breaches of these rules an employee will be liable to dismissal without notice.

 

2.          Investigation Procedure

 

In the event there is an allegation of misconduct, the matter will be fully investigated according to the following procedures:

 

The Manager or a person authorised by the Manager will briefly examine the allegation to determine whether or not misconduct is apparent.

 

Note:  If the initial examination indicates that serious misconduct may have occurred, you may be stood down whilst the matter is investigated.  During the period of stand down, you will be paid for scheduled work hours and be required to be available for discussion.  (A stand down is not a disciplinary measure).  Your Union delegate/official will be informed.

 

If misconduct is apparent, there will be a prompt and thorough formal investigation by the Manager, or a person authorised by the Manager.  Discussions will be held with all persons considered to be able to assist.  You will be given the opportunity to have the allegations described and the opportunity to give an explanation.

 

At the conclusion of the investigation:

 

1.          If the Manager determines that misconduct is not proven then no further action will be taken against you.

 

2.          If the Manager determines that misconduct is proven, then the appropriate provisions of the Disciplinary Procedure will be applied.

 

Note:  If an allegation is made about an employee from another person, then the employee shall have the right to confront his/her accuser.

 

The investigation procedure shall be conducted consistent with the Issues Resolution Procedure and, in particular:

 

(a)        the employee may have a union representative or another witness present and

 

(b)        the status quo shall be maintained by the use of the paid stand down provision.

 

3.          Performance and Conduct Policy

 

Tooheys places great value on you as an important member of the Tooheys Team.  No individual can work in isolation or be considered to be above the obligation to comply with Tooheys work rules and obligations.

 

All employees are required to conduct themselves in a socially acceptable manner.  It is essential that all employees meet the performance standards required for their positions.

 

If performance or an individuals conduct is not up to acceptable standards this will normally in the first instance be communicated to the individual by way of a counselling feedback discussion.

 

In cases of more serious disciplinary or performance matters, or when the issue has not been satisfactorily corrected by counselling, a disciplinary code will apply as follows:

 

 

All disciplinary performance and conduct matters will be handled in a professional and consistent fashion upholding the fair rights of the individual.  The Guaranteed Fair Treatment Process will provide a fail safe mechanism in any case where some one feels that they have been treated harshly or unjustly by having the right to lodge an appeal by simply completing the Issue Resolution Report (I.R.R.).

 

Tooheys reserves the right to summarily dismiss an employee or contractor in cases of gross misconduct and examples would include an employee:

 

(a)        Engaging in fighting, assault, drinking of alcohol the possession or consumption of prohibited drugs whilst at work.

 

(b)        Indulging in negligent practices or endangering the life and safety of others.

 

(c)        Stealing or deliberately damaging property belong to another employee or Tooheys.

 

(d)        Deliberate misuse of confidential Tooheys information likely to damage the business.

 

(e)        Falsification of Tooheys documents and certificates (including expense claim forms etc).

 

(f)         Gross insubordination, e.g. refusing a safe and reasonable request to perform normal duties or direction given by a Team Leader/Manager.

 

(g)        Deliberate breach of Tooheys' policy/procedure.

 

(h)        Deliberate action resulting in major financial loss to Tooheys.

 

An employee will normally be suspended on normal pay for up to three days in the event of a disciplinary investigation being arranged to consider their involvement in an alleged incident of gross misconduct.

 

It should be noted that every case will be evaluated on its merits and should an issue be so serious that it warrants a final warning or dismissal, Tooheys reserves the right to take such action.

 

Any queries relating to this policy can be raised with your Team Leader/Manager or the Human Resources Department.

 

 

 

W. R. HAYLEN  J.

 

 

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Printed by the authority of the Industrial Registrar.