THE TIP TOP NSW ENTERPRISE AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the
Liquor, Hospitality and Miscellaneous Union, New South Wales Branch, industrial
organisation of employees.
(No. IRC 5577 of 2005)
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Before Mr Deputy
President Sams
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10 November 2005
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AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Savings
Provisions
3. Definitions
4. Contract
of Employment
5. Apprentices
6. Classifications
7. Wages
8. Allowances
9. Ordinary-time
Hours of Work
10. Broken
Shifts - Merchandisers Only
11. Meal
Breaks
12. Shift and
Weekend Loadings
13. Overtime
14. Redundancy
15. Annual
Leave
16. Long
Service Leave
17. Flexible
Leave
18. Sick Leave
19. Family
Leave
20. Jury Service
21. Shortage
of Money or Bread
22. Occupational
Superannuation
23. Occupational
Health and Safety
24. Labour
Hire Employees
25. Disputes
Procedure
26. Rights of
Union Members
27. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Weekly
(38-Hour) Rates for Full-time Employees
Table 2 - Allowances
Appendix 1 -
Classification Level Indicators
Appendix A - Country
Region - Merchandiser Reduced Minimum Start
Appendix B -
Disciplinary Procedures
Appendix C - Probationary
Employee Performance Review
2. Savings Provisions
2.1 Doughmaker -
An employee who was employed as a doughmaker on 3 January 1990 and who has been
receiving an additional annual holiday per year, shall continue to receive that
annual holiday whilst ever engaged in that capacity.
2.2 Pre-existing
Rate of Pay - Notwithstanding any other provision of this award, no employee to
whom this award applies who was employed by the Company in the pay week
preceding 3 January 1990 and who has been continuously employed by the Company
since that date, shall be paid an amount per week which is less than the
employee was paid for the employee's ordinary weekly hours of work plus shift
penalty (if any) for that pay week.
2.3 Disputes Re
Matters Not Expressly Provided For - in the event that a dispute arises between
the parties to this award over a matter not expressly provided for under this
award, as introduced and/or as varied from time to time, then if such matter is
expressly provided for under the provisions of the Bread Industry (State)
Award published 24 February 1995 (284
I.G. 136), as varied (or any successor award to that award), then the
provisions of that award shall apply to the issue in dispute. To the extent, and for the time necessary,
the matters which this savings provision applies to shall include (but not be
limited to) conditions specifically related to production and warehousing at
the Chullora plant.
2.4 Tip Top
Bakeries (Fairfield) NUW Award - All existing benefits under the Tip Top
Bakeries (Fairfield) NUW Award (351 I.G. 426) as at 10 November 2005 where
superior to those under this award, shall continue to apply to all employees
who transfer to Chullora for the duration of their employment as if they were a
term of this award. All new employees who commence after 10 November 2005 at
Chullora shall be employed in accordance with this award.
3. Definitions
3.1 Full-time
Employee means an employee appointed on a continuing basis for a specified
number of rostered ordinary-time hours each eight weeks, in the range 304 hours
to 320 hours.
3.2 Part-time
Employee means an employee appointed on a continuing basis for a specified
number of rostered ordinary-time hours each week, being less than 38 hours per
week.
3.3 Casual
Employee means an employee who is engaged by the hour for less than 38 hours in
any one week, who is offered work on an intermittent or irregular basis to meet
emergency requirements for staffing, including fluctuations in demand and
leave, who may either accept or reject that offer and who does not acquire, as
a consequence of any engagement, any entitlement to be offered any further
work.
3.4 Company means
George Weston Foods Limited (ACN 008 429 632) trading as "Tip Top
Bakeries".
3.5 Union means
the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch,
industrial organisation of employees and National Union of Workers, New South
Wales Branch, industrial organisation of employees.
4. Contract of
Employment
4.1 Type of Engagement
- Employees employed under this award may be engaged on either a full-time,
part-time or casual basis, in accordance with the definitions of those terms as
provided under clause 3, Definitions of this Award. All new full-time and part-time employees employed by the Company
shall be given a letter of appointment by the Company which specifies the type
of engagement for which the employee has been employed and the period of
probation (if any) which will be applied, together with a brief description of
the type of work which the employee will be required to perform and (where
relevant) the details of any specific purpose or project for which the employee
has been engaged.
4.2 Probationary
Appointment - A new employee (other than a casual employee) may be appointed on
a probationary basis for a period of up to 13 weeks, subject to the following
provisions:
4.2.1 Assessment -
During any probationary period applied by the Company the probationary
employee's performance will be monitored and any deficiency will be reported to
the employee in writing, in accordance with Appendix C together with clear
advice as to what changes are required in his/her performance in order to
correct that deficiency.
4.2.2 Termination of
Employment - The employment of a probationary employee may only be terminated
in accordance with the provisions of subclause 4.3 of this clause, except that
where a probationary employee has previously been advised of a deficiency in
the performance of his/her duties but has unreasonably failed to correct that
deficiency, then such employee's employment may be terminated by the Company
with one day's notice or by the payment of one day's pay in lieu of such
notice.
4.2.3 Other
Conditions - Except as is provided by this subclause, the provisions of this
award shall apply equally to probationary employees as to other employees.
4.3 Termination of
Employment - Full-time and Part-time Employees -
4.3.1 Termination by
the Company -
4.3.1.1 An
employee may be summarily dismissed for serious misconduct, being conduct by
the employee of such a nature as would constitute a repudiation by the employee
of his or her contract of employment, including, but not limited to, serious or
wilful misconduct, dishonesty, drunkenness, insubordination, or other similar
major breach of the employee's obligations as an employee. In such cases the employee shall be entitled
only to all wages and holiday pay due to the employee up to the time of such
dismissal.
4.3.1.2 Except
in the case of summary dismissal for misconduct as provided for in subparagraph
4.3.1.1 above, and/or except in the case of dismissal of a probationary
employee for unsatisfactory performance of work as provided for in paragraph
4.2.3 above, and/or (in the case of redundancy) except to the extent that more
beneficial entitlements arise under any redundancy agreement or award
applicable to the employee, the Company will give the following notice of
termination to continuing employees:
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Period of
Continuous Service
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Period of Notice
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Less than 1 year
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1 week
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1 year but less than 3 years
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2 weeks
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3 years but less than 5 years
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3 weeks
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5 years and over
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4 weeks
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Provided that where an employee has had greater than two
years continuous service with the Company and is over 45 years of age, an
additional one week's notice will be provided.
4.3.1.3 Payment may be
made in lieu of all or part of the notice prescribed in subparagraph 4.3.1.2
above.
4.3.2 Termination by
Employee - Where a full-time or part-time employee terminates his/her
employment at his/her own discretion, then the employee shall provide the
Company with one week's written notice of termination or shall forfeit one
week's pay in lieu of the said notice.
4.4 Termination of
Employment - Casual Employees - Either party may terminate the employment of a
casual employee by giving not less than one hour's notice, or by the payment or
forfeiture (as the case may be), of one hour's pay in lieu of the said notice.
4.5 Abandonment of
Employment
4.5.1 Where an
employee is absent from work for a continuos period of three (3) working days
without authority or without notifying the Company of a valid reason for such
absences, the employee shall be placed on leave without pay pending the outcome
of action pursuant to this clause.
4.5.2 Where
circumstances pursuant to subclause 4.5.1 arise, the Company shall write to the
employee advising that in the event that the employee fails to contact the
Company within seventy-two (72) hours, the employee shall be deemed to have
abandoned their employment with the Company. The letter setting out the advice
referred to in this subclause shall be forwarded by registered mail to the
employee’s last known residential or postal address.
4.5.3 Where the
employee contacts the Company within the timeframe referred to in subclause
4.5.2, the Company shall provide the employee with the opportunity to advise of
the reasons or circumstances on which he or she relies to justify their absence
from work.
4.5.4 After giving
consideration to the reasons and circumstances provided by the employee
pursuant to subclause 4.5.3, the Company shall the employee in writing of his
or her decision as to wether or not the employee is deemed to have abandoned
their employment with the company. The letter of notification shall be
forwarded to the employee’s last known residential or postal address.
4.5.5 Nothing in this
subclause shall be construed as excluding the jurisdiction of any external court
or tribunal which, but for this subclause, would be competent to deal with the
matter.
4.6 Use of
Available Skills - The Company may direct an employee to carry out such duties
as are reasonably within the limits of the employee's skill, competence and
training, and to use such tools and equipment as may be required, provided that
the employee has been properly trained in the use of such tools and equipment.
5. Apprentices
5.1 Employment of
Apprentices - Apprentices shall be employed in accordance with the provisions
of the Apprenticeship and Traineeship Act 2001 and the provisions of
this award. The period of apprenticeship for persons entering the trade of
bread manufacturing shall be as set out in his/her Deed of Indenture, the
nominal term being four years.
5.2 Fees and
Expenses - The Company shall co-operate with the college in the training of an
apprentice in the manner recommended by the technical college, shall pay the
college fees for instruction of each apprentice for each year of the trade or
correspondence course, and shall reimburse an apprentice for all fares
reasonably incurred in attending the college.
5.3 Training at
College - An apprentice whose place of work and of residence are so situated
that it is reasonably practicable for him/her to attend a college which
conducts the trade course, shall attend such college for study in the trade
course for the period necessary for him/her to qualify in the course and shall
repeat any stage or any subject in a stage of the course which he/she has
failed to complete satisfactorily; provided that an apprentice who, due to
circumstances beyond his/her control, fails in any subject of the course may
continue with the course beyond the normal duration of the course if reports
from the college show that satisfactory progress is being made; and provided
further that an apprentice who fails in any stage of the course may progress to
the next stage of the course if permitted to do so by the college under an
arrangement approved by the Department of Technical and Further Education. Any apprentice who is given time off during
ordinary working hours for the purpose of attending at a college for
instruction and fails to do so shall not be paid for such time off.
5.4 Training by
Correspondence - An apprentice who is not obliged to attend the trade course in
accordance with subclause 5.3 of this clause shall study the trade course by
correspondence, as conducted by the College of External Studies of the
Department of Technical and Further Education.
For the purpose of taking full advantage of the instruction by
correspondence, the apprentice to whom this subclause shall apply, during
ordinary working hours, shall study to carry out assignments of this course for
two hours each week, and the Company shall pay such apprentice his/her wage and
shift penalty rates during such time.
During each stage of the correspondence course the apprentice shall
attend a technical college for training for such period as is required from
time to time by TAFE, provided that satisfactory progress has been made with
correspondence lessons. Such
attendances shall not be undertaken during the period of annual leave, and the
Company shall pay all fees, fares and reasonable accommodation expenses in
connection with the training for each period of four weeks not otherwise made
by the Government of New South Wales.
5.5 Wage Rate on
Completion of Training - An apprentice who passes all stages of the trade
course in the period normally required for its completion and whose workshop
performance is satisfactory shall, during the last six months of apprenticeship
or the balance of apprenticeship, whichever is the less, be paid at the rate,
including shift penalty rates, prescribed for a tradesperson under this award.
6. Classifications
6.1 Implementation
of Current Classifications - To ensure that the current classification
structure is applied consistently and fairly, the parties have developed a set
of "Level Indicators" which are intended to provide additional
guidance to employees and supervisors as to an employee's proper classification
level. These "Level
Indicators" are intended to clarify the rights and obligations arising
from the current classification structure, but not to alter those rights and
obligations (see Appendix 1).
7. Wages
7.1 Applicable
Tables - For the purposes of this clause, all references to Table 1 and Table 2
shall be read as references to Table 1 and Table 2, respectively, of Part B,
Monetary Rates, of this.
7.1.1 The Company may
enter into effective salary sacrifice arrangements with any Full-time or
Part-time Employee. An effective salary
sacrifice arrangement means an arrangement under which the employee agrees to
forego part of his or her total remuneration that he or she would otherwise
expect to receive as salary or wages in return for the Company providing
benefits of a similar value. To avoid
any doubt, such arrangements are voluntary and neither the Company nor any
employee shall be compelled to enter into a salary sacrifice arrangement. When viewed objectively the terms and
conditions of any salary sacrifice arrangement shall be no less favourable than
the entitlements otherwise available under this Award. In addition, there must be compliance with
each of the following conditions:
(a) If an employee
wishes to enter into salary sacrifice arrangement the employee must make a
request for such an arrangement to the Company;
(b) If the Company
agrees to grant the employee’s request, the employee must sign any declaration necessary
to create an effective and lawful salary sacrifice arrangement for the purpose
of income tax legislation, and which may also describe the manner in which
payment is to be made to the employee for the purposes of ordinary earnings;
overtime; annual leave; annual leave loading; and such other payments as may
arise from time to time;
(c) The
arrangement is settled before the employee earns any right to payment of the
sums to be sacrificed;
(d) The structure
of any agreed remuneration package complies with relevant taxation laws;
(e) The employee
shall have access to details of the payments and transactions made on his or
her behalf. Where such details are
maintained electronically, the employee shall be provided with a printout of
the relevant information;
(f) The Company
has the right to vary or withdraw from a salary sacrifice arrangement in the
event of changes to the operation of legislation which the Company considers to
be detrimental to, or increase the cost of, such arrangements;
(g) In the event
that the Company withdraws from a salary sacrifice arrangement, the employee’s
salary will revert to whichever is the higher of:
(i) the ordinary
time rate of pay that applied to the employee prior to the commencement of the
salary sacrifice arrangement; or
(ii) the
applicable rate as determined by the terms and conditions of this Award.
(h) The Company and
the employee may cancel any salary sacrifice arrangement by giving of one
month’s notice of cancellation to the other party;
(i) The calculation
of entitlements concerning occupational superannuation and annual leave loading
on annual leave, as provided under this Award, will be based on the ordinary
time rate of pay that the employee would have received in the absence of the
salary sacrifice arrangement; and
(j) Unless there
is agreement between the Company and the employee to the contrary, all salary
packaging arrangements shall cease during any period of leave without pay,
including periods of unpaid sick leave.
7.2 Basic Wage -
This award, in so far as it fixes rates of wages for adult employees, is made
by reference and in relation to the adult basic wage as set out in Part B,
Monetary Rates. The said basic wage may
be varied by the Industrial Relations Commission of New South Wales under
subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings,
Transitional and Other Provisions, of the Industrial Relations Act 1996.
7.3 This Award
allows for two methods of remuneration for any Full-time Employee (as defined
in clause 3 of this Award). The
Full-time Employee may be paid either:
(a) the ordinary
weekly rate of pay which applies to the employee’s classification level as set
out in Table 1 of Part B of this Award; or
(b) a lesser rate of
pay than that which applies to the employee’s classification level as set out
in Table 1 of Part B of this Award, but only if the employee and the Company
have entered into an effective salary sacrifice arrangement of the type
permitted by 7.12 of this Award.
7.4 Part-Time
Employees - Unless the Part-time Employee (as defined in clause 3 of this
Award) and the Company have entered into an effective salary sacrifice
arrangement of the type permitted by 7.12 of this Award, the Part-Time Employee
shall be paid an hourly rate of pay calculated by dividing the weekly (38 hour)
Award rate for the appropriate classification, as set out in Table 1, by 38,
and (where applicable), by applying the loadings specified by clauses 12 and 13
of this Award, with a minimum payment of 10% of the said weekly (38 hour) Award
rate for each day on which the employee is rostered to work ordinary hours, and
with a minimum payment of 30% of the said weekly (38 hour) Award rate for each
week of employment.
7.5 Casual
Employees - shall be paid an hourly rate of pay calculated by dividing the
weekly (38-hour) award rate for the appropriate classification as set out in
Table 1 by 38 and by applying the loadings specified by clause 14 of this
award, with a minimum payment of 7% of the said weekly (38-hour) award rate for
each engagement. Casual employees shall
be engaged and paid by the hour.
7.6 Apprentices -
shall be paid a percentage of the award rate for a Bread Industry Employee
Level 3 as follows:
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Apprenticeship
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Percentage of Level
3 Rate
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1st Year
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54%
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2nd Year
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62%
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3rd Year
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71%
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4th Year
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85%
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Age
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Percentage of
Appropriate
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Classification Rate
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Under 17 Years of
age
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71%
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At 17 Years of age
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85%
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At 18 years of age
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100%
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Provided that the weekly wage for junior employees
under this subclause shall be calculated to the nearest 10 cents.
7.7 Unauthorised
Absence From Work - Except in the case of employees who are absent from work on
paid leave, an employee not attending for his/her rostered ordinary-time hours
of work shall lose pay for the actual time of such non-attendance.
7.8 Pay Period -
The Company shall fix a pay period which shall be common to all of the
Company's employees except for production supervisors. Once fixed, such pay period shall not be
altered without 14 days notice. In the
event that the Company alters the pay period, then employees shall receive an
additional pay covering all work performed during the interval between the end
of the previously established pay period and the commencement of the new pay
period.
7.9 Payment on
Termination of Employment - When employment is terminated all wages and any
other payments due shall be paid at the completion of the last week of
employment.
7.10 Pay Day -
Employees shall be paid on Thursday of each week, in accordance with subclause
7.9 above. Any employee who is not paid on such day shall be paid overtime
rates for all time subsequently worked until payment is made if the
circumstances giving rise to such delay are caused by the company.
7.11 Errors in
Payment of Wages - Should a pay be miscalculated or incorrectly shown on a pay
slip, the right to claim waiting time shall be waived provided that the
employee has been paid the ordinary base rate of pay and provided further that
such underpayment or error is corrected within 24 hours of notification by the
employee to the pay office of the employer concerned. Where such underpayment
or error is not corrected within 24 hours then waiting time as provided by
subclause 7.11 shall apply.
8. Allowances
8.1 Meal Allowance
- An employee required to work overtime for 2 hours or more without being
notified the day before that the employee will be so required to work, shall be
paid a meal allowance as set out in Item 1 of Table 2.
8.2 First-aid
Allowance - An employee who has been trained to render first-aid and who is the
current holder of appropriate first-aid qualifications such as a certificate
from the St. John Ambulance or similar body, and who is appointed by the
Company to perform first-aid duty, shall be paid the amount per week set out in
Item 2 of Table 2.
8.3 Leading
Operator's Allowance - A leading operator, other than a Bread Industry Employee
Level 1, who is responsible for a group of employees, the achievement of their
work task, and on-the-job training, shall be paid, when responsible for a group
of:
8.3.1 up to four
employees - the amount per week set out in Item 3 of Table 2.
8.3.2 more than four
employees - the amount per week set out in Item 4 of Table 2.
8.4 Heavy Vehicle
Driving Allowance - Employees required to drive a vehicle shall be paid an
Allowance in accordance with the Licence required as follows:
Light Rigid (LR) as set out in Item 5 of Table 2
Allowances of Part B.
Medium Rigid (MR) as set out in Item 6 of Table 2
Allowances of Part B.
Heavy Rigid (HR) as set out in Item 7 of Table 2
Allowances of Part B.
Heavy Combination as set out in Item 8 of Table 2
Allowances of Part B.
8.5 Boiler Allowance
- Where an employee is appointed to be in charge of firing a boiler and is
appropriately certificated by the Department of Industrial Relations, the
employee shall be paid a weekly allowance as set out in Item 9 of Table 2.
8.6 Apprentice's
Allowance -
8.6.1 An apprentice
who gains a pass at the Stage 1 examination of the trade or correspondence
course shall, commencing from the first pay period in the calendar year
following the examination and continuing for the remainder of his/her term of
apprenticeship, be paid a weekly margin as set out in Item 10 of Table 2.
8.6.2 An apprentice
who successfully completes his/her full course in the bread manufacturing trade
or correspondence course of technical training shall, in addition to the margin
prescribed by paragraph 8.6.1 above, commencing from the first pay period in
the calendar year following the examination and continuing for the remainder of
his/her term of apprenticeship, be paid a weekly margin as set out in Item 11
of Table 2.
8.7 Merchandising Travelling
Allowance -
8.7.1 Vehicle
Allowance - Merchandisers shall be paid a daily "Fixed Charges"
Vehicle Allowance for each day on which work is performed (whether as ordinary
time or overtime), and also for each rostered working day on which the Merchandiser
is absent on paid leave, of the amount provided under Item 12 of Table 2 (as
varied in accordance with subparagraph 8.7.2.5).
8.7.2 Travel
Allowance - Merchandisers shall be paid for all distance travelled from arrival
at the first work site to arrival at the last work site during each shift, the
amount per kilometre provided under Item 13 of Table 2.
8.7.3 Home to Work
Travel - Except as provided under subparagraphs 8.7.2.5 and 8.7.2.6, the per
kilometre rates payable under this clause are not payable for distance
travelled by Merchandisers from their home to the first work site serviced
during a shift of work, nor for distance travelled from the last work site
serviced during a shift of work to the Merchandiser's home.
8.7.4 Home to Work
Travel - Change in Merchandiser's Work Sites - If a Merchandiser’s established
work site/s are altered by the Company in order to meet the needs of the
Company and/or of its clients, and if such alteration is put into effect
without the agreement of the Merchandiser, then any additional distance
travelled by the Merchandiser from home to work and/or from work to home as a
result of that change shall be paid for by the Company at the rate provided for
travel between work sites.
8.7.5 Home to Work
Travel - Relieving Merchandisers - An employee who is appointed as a Relieving
Merchandiser and who is required to carry out work on any day such that her/his
total "home to first site" and "last site to home" travel
exceeds 25 kilometres will be paid for all kilometres in excess of 25 at the
amount per kilometre provided under Item 13 of Table 2.
9. Ordinary-Time
Hours of Work
9.1 Full-time
Employees -
9.1.1 Average
ordinary-time hours per week - The quantum of ordinary time to be worked (or
taken as paid flexible leave) by a full-time employee shall be specified in the
employee's contract of employment, within the range of not less than 38 hours
nor more than 40 hours per week averaged over each 8-week period, and the hours
so specified shall not be varied
without the agreement of both the employee and the Company. Such ordinary time shall be worked according
to a roster for which the employee has been given at least 2 weeks notice in
writing, and any time worked outside of an employee's rostered ordinary hours
shall be paid for as overtime, unless such change to rostered ordinary hours of
work is agreed to by the employee.
9.1.2 Spread of hours
- Full-time employees may be rostered
to work ordinary time during any hour of the day or night, and on any
day of the week.
9.1.3 Hours per shift
- Full-time employees shall be rostered to work ordinary-time shifts of not
less than 6 hours nor more than 10 hours per shift. Such shifts shall be unbroken except for an unpaid meal break
taken in accordance with the provisions of this award.
9.1.4 Shifts per day
- Employees shall be rostered to work so that there shall be a break of not
less than 12 hours between the end of each rostered ordinary-time shift and the
start of the next rostered ordinary-time shift.
9.1.5 Shifts per
Roster Cycle - Rosters shall include no more than an average of 5 ordinary-time
shifts per week over a roster cycle of no more than 8 weeks. Within that limit, rosters shall include
groups of up to 5 sequential ordinary-time shifts with each such group of
sequential ordinary-time shifts to be followed by a long break of no less than
48 hours; provided further that by agreement between the Company and all of the
employees affected, a roster may be introduced in a particular workplace (or
section of a workplace) in which there are (across the whole roster cycle) an
average of at least 48 hours per week included within long breaks that are
themselves each of at least 48 hours in duration.
9.1.6 Shift Rotation
- Shifts may be rotated. Different
methods of rotation may apply in respect of particular groups or sections of
employees in a bakery. Where shifts
rotate, the rotation may be weekly, fortnightly, four-weekly or at such other
interval as may be agreed from time to time between the Company and a majority
of employees affected.
9.1.7 12-Hour Shifts
- Leave is reserved to the parties to apply as they may be advised in relation
to the introduction of 12-hour shifts.
9.2 Part-time
Employees -
9.2.1 Ordinary-time hours
per week - Employees working less than 38 hours per week on a regular basis
shall be engaged as part-time employees and each such employee's contract of
employment shall specify the number of hours per week to be worked as ordinary
time (or taken as paid flexible leave) by that employee. Such ordinary time shall be worked according
to a roster for which the employee has been given at least 2 weeks notice in
writing, and any time worked outside of an employee's rostered ordinary hours
shall be paid for as overtime, unless such change to rostered ordinary hours of
work is agreed to by the employee.
9.2.2 Spread of hours
- Each part-time employee's contract of employment shall specify the spread of
hours in which the employee may be rostered to work ordinary hours of work,
provided that there shall not be more than 14 hours between the time specified
as the minimum start time and the time specified as the maximum finishing time.
9.2.3 Hours per shift
- Part-time employees shall be rostered to work ordinary-time shifts of no more
than 10 hours per shift, provided that where any unbroken shift exceeds 5 hours
in duration, then an unpaid meal break shall be taken in accordance with the
provisions of this award.
9.2.4 Spread of days
- Part-time employees shall be rostered to work not more than one ordinary-
time shift (whether as a broken shift or otherwise) on not more than 5
sequential days per week. Furthermore,
for each part-time employee who is engaged to work less than 28 ordinary-time
hours per week the employee's contract of employment shall specify a number of
named days of the week on which the employee will not be rostered to work,
depending on the number of ordinary-time hours per week for which the employee
is engaged, as follows:
9.2.4.1 Less
than 28 hours but not less than 20 hours - not to be rostered on 1 named day.
9.2.4.2 Less
than 20 hours but more than 12 hours - not to be rostered on 2 sequential named
days.
9.2.4.3 Up
to and including 12 hours - not to be rostered on 3 sequential named days.
9.2.5 Part-time hours
of work in writing - Each part-time employee's contract of employment shall be
in writing, signed by the employee and the Company, and shall specify the total
ordinary hours per week to be worked by the employee, the spread of hours in
which the employee may be rostered to work ordinary hours of work, the days (if
any) on which the employee will not be rostered to work ordinary hours, and (in
the case of merchandisers) whether or not the employee will be required to work
broken shifts. This contract of
employment may be varied by agreement between the employee and the Company,
subject to the Company informing the employee that he/she is entitled to seek
advice from the Union prior to agreeing to any change. Provided that the arrangement of working
hours of current part-time employees shall be committed to writing by the
Company and, subject to the agreement of the employee, the matters so committed
to writing shall thereafter constitute the employee's initial contract of employment
under this award.
9.2.6 Country Region
- Merchandiser Reduced Minimum Start
Notwithstanding any other provisions of this Award, by
agreement between the employer and employee, and where the proposed reduced
minimum start will affect a union member, the secretary of the Union;
merchandisers may work a minimum start of not less than 2 hours. Arrangements made pursuant to this clause
relate exclusively to Merchandisers engaged in remote Country regions. Such arrangements
shall be subjected to a written and signed agreement in the terms set out in
Appendix A of this Award.
9.3 Casual
employees may be engaged to work not more than one ordinary-time shift per day
of no more than 10 hours per shift, provided that where any unbroken shift
exceeds 5 hours in duration, then an unpaid meal break shall be taken in
accordance with the provisions of this award.
10. Broken Shifts -
Merchandisers Only
10.1 Definition -
For the purposes of this award, a broken shift is a single shift in which the
employee's ordinary daily hours of work are worked in two parts that are
separated by a break period of more than one hour, during which the employee is
not required to perform duties and in which the second part of the shift is
completed no more than 12 hours after the start of the first part of the shift.
10.2 Application of
Clause - A merchandiser who is engaged on either a part-time or casual basis
may be required under the terms of his/her contract of employment to work
broken shifts.
10.3 Minimum Payment
for a Broken Shift - A merchandiser who is required to work broken shifts shall
be paid for the total ordinary-time work performed during each such shift an
amount which is not less than 14% of the weekly (38-hour) award rate, such
payment to be in addition to the break period payment prescribed under
subclause 10.4 below.
10.4 Payment for
Break Period - The break period
included in a broken shift shall be paid for as time worked to the extent of
0.6 of one hour plus 15% of the duration of the break, such payment to be in
addition to the minimum broken shift payment prescribed under subclause 10.3
above, provided that the employee shall not be paid for any kilometres
travelled during the break period.
11. Meal Breaks
11.1 Period of Meal
Break - An employee working a shift of more than 5 hours in duration must be
given and must take an unpaid meal break of not less than 30 minutes and not
more than one hour, to commence not less than 3 hours and not more than 5 hours
after the start of the shift.
11.2 If Meal Break Not Given - Where a meal break is
not given by the Company within 5 hours of the start of a shift, then the
employee concerned shall be paid at the rate of 1.7 times the ordinary-time
rate for the period from 5 hours after the start of the shift until the meal
break is given, with a minimum of one half hour's pay at such rate, provided
that an employee may agree to forego payment of the penalty loading prescribed
by this subclause where the continuation of work is required because of
emergency circumstances such as the breakdown of plant or equipment or the
non-scheduled delivery of materials.
11.3 Continuity of
Work - The meal breaks prescribed in this clause shall be given and taken so as
not to interfere with the continuity of work and at times mutually agreed
between the employee and the Company.
11.4 Crib Breaks for
Delivery Drivers - Where an employee is engaged as a Delivery Driver, hours of
work shall be rostered to provide for a paid crib break of not less than twenty
minutes, which shall be counted as time worked.
12. Shift and Weekend
Loadings
12.1 Night Shift -
An employee whose ordinary hours of work are between midnight Sunday and
midnight the following Friday and who are rostered within the hours of 6.00
p.m. one day and 6.00 a.m. the following day, shall be paid a shift loading of
20 per cent of the ordinary hourly rate of the employee's classification for
each hour so worked.
12.2 Saturday Shift
- An employee working ordinary hours of work between midnight Friday and
midnight Saturday shall be paid a shift loading of 50 per cent of the ordinary hourly rate of the employee's
classification for each hour so worked.
12.3 Sunday Shift -
An employee working ordinary hours of work between midnight Saturday and
midnight Sunday shall be paid a shift loading of 100 per cent of the ordinary hourly rate of the employee's
classification for each hour so worked.
13. Overtime
13.1 Loading - A
continuing employee who works overtime shall be paid at the ordinary hourly
rate for the employee's classification plus a loading of 50% for the first two
hours worked and a loading of 100% for all hours worked thereafter, provided
that all overtime worked between midnight Saturday and midnight Sunday shall
attract a loading of 100 %.
13.2 Overtime on
Public Holidays - A continuing employee who works overtime between midnight at
the start and midnight at the end of New Year's Day, Australia Day, Good
Friday, Easter Saturday, Easter Monday, Queen's Birthday, Anzac Day, Eight-hour
Day, Christmas Day and Boxing Day, together with any other days proclaimed or
gazetted as a public holiday for the State, shall be paid at the ordinary
hourly rate for the employee's classification plus a loading of 110% for all
hours so worked.
13.3 Call Back -
Where an employee works overtime on any day and such overtime does not
immediately precede or follow ordinary hours of work, then the employee shall
be paid for a minimum of four hours overtime at the appropriate rate.
13.4 Rest Period After
Overtime - An employee who works so much overtime between the termination of
his/her work on one day and the commencement of his/her ordinary work on the
next that he/she has not had at least 10 consecutive hours off duty between
those times, shall either:
13.4.1 be
directed by the Company to remain off duty following the completion of such
overtime until he/she has had 10 consecutive hours off duty without loss of pay
for ordinary working time occurring during such absence; or
13.4.2 be
paid at the ordinary hourly rate plus a loading of 90% for all ordinary time
worked until he/she is released from duty by the Company for a period of 10
consecutive hours off duty, with no loss of pay for any ordinary working time
occurring during any such absence.
13.5 Casuals -
Overtime - A casual employee engaged to carry out ordinary-time work covered by
the provisions of this award and who, in the course of carrying out that work,
undertakes further work such as would be payable at overtime rates if it were
performed by an employee employed on a continuing basis, shall be paid at the
ordinary hourly rate for the employee's classification, plus the loadings
specified above, which shall be in substitution for all other loadings and
leave entitlements under this award.
14. Redundancy
14.1 Where the
Company has made a definite decision that it no longer wishes the job an
employee has been doing done by anyone and this is not done through the
ordinary and customary turnover of labour, and that decision leads to the termination
of employment of the employee i.e. excess to requirements, the employee shall
be entitled to the following redundancy payments;
Four (4) weeks notice or the payment of the balance
between the actual notice given and four (4) weeks.
Four (4) weeks payment for each year of service and
uncompleted years will be paid on a pro-rated basis.
The maximum redundancy payment to any employee shall be
60 weeks.
This clause shall not apply to Casual employees,
Apprentices or employees engaged for a specific period of time or for a
specific task/s. Furthermore, this clause shall not apply where employment is
terminated as a consequence of serious misconduct that justifies dismissal
without notice.
14.2 Outplacement -
Where the employment is terminated on the grounds of redundancy, the Company
shall provide the outplacement services to the employee at the company’s
expense. Where a member of the union is affected, the company will discuss the
selection and engagement of the provider(s) of outplacement services with the
Union prior to their utilisation.
15. Annual Leave
15.1 Quantum of
Annual Leave - Employees other than casual employees shall accrue an
entitlement to paid annual leave at the rate of (4 x 60)/52.18 = 4.6 minutes
for each hour of rostered ordinary-time work (or paid leave).
15.2 Payment while
on Annual Leave - Employees other than casual employees shall be paid, while
absent from work on paid annual leave, whichever is the greater of:
15.2.1 the
ordinary-time pay (including all shift and/or weekend penalties) which they
would have otherwise earned during the period of the leave; or
15.2.2 an hourly rate
for each hour of leave calculated by dividing the weekly (38 hour) award rate for
the appropriate classification as set out in Table 1 of Part B of this award by
38 and adding 17.5 per cent.
15.3 Amount Used -
For each absence on annual leave the employee's accrued annual leave
entitlement shall be reduced by the number of ordinary-time hours which the
employee would normally have worked during the period of that absence.
15.4 Other
Provisions - All other provisions governing annual leave shall be in accordance
with the provisions of the Annual Holidays Act 1944, provided that the amount
prescribed by that Act as payable to casual employees in lieu of annual leave
shall be encompassed within the loadings for casual employees provided under
clause 14 of this award.
16. Long Service
Leave
16.1 Quantum of Long
Service Leave - Employees other than casual employees shall accrue an
entitlement to paid long service leave at the rate of (60 x 52.18/6)/(52.18 x
10) = 1 minute for each hour of rostered ordinary-time work (or paid leave).
16.2 Access -
Accrued long service leave shall become available to the employee after ten
years service with the Company or otherwise in accordance with the provisions
of the Long Service Leave Act 1955 governing access to long service
leave.
16.3 Payment while
on Long Service Leave - Employees other than casual employees shall be paid,
while absent from work on paid long service leave, the ordinary-time pay
(including all shift and/or weekend penalties) which they would have otherwise
earned during the period of the leave.
16.4 Amount Used -
For each absence on long service leave the employee's accrued long service
leave entitlement shall be reduced by the number of ordinary-time hours which
the employee would normally have worked during the period of that absence.
16.5 Other
Provisions - All other provisions governing long service leave shall be in
accordance with the provisions of the Long Service Leave Act 1955, including
the provisions of that Act governing long service leave for casual employees.
17. Flexible Leave
17.1 Purpose - The
Flexible Leave System has been introduced to provide continuing employees with
an opportunity to organise their individual working arrangements so as to give
them the best possible balance between their earning capacity and their need
for time away from work for personal needs and/or for family responsibilities.
17.2 Flexible Leave
Bank - A Flexible Leave Bank will be established for each employee and any
money amount due to an employee in relation to these pre-existing entitlements
shall be paid into that employee's Flexible Leave Bank.
17.3 Ongoing
Accumulation - Company's Contribution - The Company shall pay into each
employee's Flexible Leave Bank each pay day an amount equal to 10% of the
employee's total earnings for ordinary time worked during that pay period, including
all shift and/or weekend penalties and/or all ordinary-time allowances paid on
a per shift or per week basis.
17.3.1 Public Holiday
Payments - Continuing employees shall not be entitled to any additional penalty
loadings for either ordinary time or overtime work on a public holiday beyond
those penalty loadings (if any) which apply generally on that day of the week,
nor shall they be entitled to any payment from the Company for a public holiday
on which they are not required to work.
17.3.2 Shift Workers
Leave - Continuing employees may be required to work shift work but shall only
be entitled to the four weeks annual leave which is prescribed by the Annual
Holidays Act 1944.
17.3.3 Bereavement
Leave/Family Leave, etc. - Continuing employees who require time off work in
order to undertake family responsibilities shall be granted such time off in
accordance with the notice requirements as provided under paragraph 17.8.2, but
the payment for that leave shall be drawn from the employee's Flexible Leave
Bank.
17.4 Ongoing
Accumulation - Employee's Contribution - A deduction of 5% shall be made from
each employee's total earnings for ordinary-time worked during each pay period,
including all shift and/or weekend penalties and/or all ordinary-time allowances
paid on a per shift or per week basis, and this amount shall be paid into the
employee's flexible leave Bank, in addition to the Company's contribution
provided for under subclause 17.3 above.
The flexible leave accumulated under this subclause shall be in full
substitution for all rights in relation to paid rostered days off previously
provided for under the Bread Industry (State) Award.
17.5 No Accumulation
During Paid Leave - The Company shall not be required to make any contribution
to any employee's Flexible Leave Bank in relation to any payments made to an
employee who is absent on any form of paid leave (including flexible leave),
nor shall any employee’s contribution to his/her Flexible Leave Bank be made
from any such payments for paid leave.
17.6 Payment While
Absent on Flexible Leave - An employee who is absent from work on accrued
flexible leave, in accordance with the notice requirements provided under
subclause 17.8 below, shall be paid the full amount which would have been
payable for the ordinary time that he/she would normally have worked during the
period of that absence, including all shift and/or weekend penalties and/or all
ordinary-time allowances paid on a per shift or per week basis. The amount so paid shall be deducted from
the employee's Flexible Leave Bank.
17.7 Public
Holidays- Flexible Leave On Company's Direction - An employee who is not
required to perform his/her normal duties on a public holiday may be given no
less than one week's notice by the Company that he/she is required to take
accrued Flexible Leave equal to the ordinary time he/she would have otherwise
worked on that day, and if such notice is given then the payment made to the
employee for such absence shall be deducted from the employee's Flexible Leave
Bank. Provided that where an employee
has insufficient credit in his/her Flexible Leave Bank to cover such absences,
then he/she may be directed to take leave without pay for that period.
17.8 Notice
Requirements for Taking Flexible Leave - An employee and his/her supervisor may
mutually agree to the taking of accrued flexible leave at any time, for any
purpose, and over any desired period.
Where such agreement cannot be reached then the employee shall be
granted such leave subject to the following notice requirements:
17.8.1 Absence
due to personal illness or incapacity - Prior to the start of any such absence
the employee will inform the Company of his/her inability to attend for duty,
and, as far as practicable, shall state the nature of the injury or illness and
the estimated duration of the absence.
In such cases of leave without prior written notice the employee may be
required to prove to the satisfaction of the Company that the leave was
genuinely necessary due to his/her personal illness or incapacity, but provided
that a medical certificate shall not be required in relation to the first two
such single-day absences in any one year.
Provided further that the notice requirements in this clause and or subclause
shall not be enforced where the employee is unable to give such notice as a
result of the employees illness or incapacity or other factors beyond the
employees control.
17.8.2 Absence
due to family responsibility - An employee shall be entitled to take accrued
flexible leave to undertake responsibilities associated with the care and
support of a person who lives in the same domestic dwelling as does the
employee and who is the spouse, de facto spouse, same sex partner, child or
relative of the employee. In such cases
the employee shall, prior to the start of any such absence, give the Company
notice of the intention to take flexible leave, the name of the person
requiring care and the nature of that person's relationship to the employee,
and the reasons for taking such leave and the estimated duration of the
absence. If it is not practicable for
the employee to give prior notice of absence, then the employee shall notify
the Company by telephone of such absence at the first opportunity on the day of
the absence. The employee shall, if
required by the Company, establish the illness of the person needing the
employee's care by production of a medical certificate or statutory
declaration.
17.8.3 Single-day
absences for other purposes - Subject to paragraph 17.8.5 below, an employee
shall be allowed to take accrued flexible leave for a single-day absence where
he/she gives the Company one week's notice of his/her intention to do so.
17.8.4 Multiple-day
absences for other purposes - Subject to paragraph 17.8.5 below, an employee
shall be allowed to take accrued flexible leave of more than one day where
he/she gives the Company two weeks' notice of his/her intention to do so.
17.8.5 Minimum
staffing levels - The Company may refuse to allow an employee to take accrued
flexible leave under paragraphs 17.8.3 and 17.8.4 above, where allowing such
leave would result in the number of employees being absent on paid leave from a
particular section of the bakery to be more than the number of employees as
provided for under paragraph 17.8.6 below, provided that any employee who is
refused leave under this subclause shall be given preference for access to
leave once the staffing level in his/her section recovers. Provided further that employees who are
absent on workers compensation leave or leave without pay shall not be counted
as being absent on leave for the purpose of applying the relevant minimum
staffing levels.
17.8.6 The
number of employees referred to in paragraph 17.8.5 above shall be whichever is
the greater of either one employee or a percentage of employees as agreed
between the Company and the employees in the particular workplace or section,
provided that if agreement cannot be reached as to the percentage applicable
under this subclause then the percentage shall be 15% of the employees employed
in that workplace or section.
17.9 Cashing Out of
Flexible Leave - An employee may draw amounts credited to his/her Flexible
Leave Bank as money rather than as paid leave, or as a combination of paid
leave plus additional money, subject to the following provisions:
17.9.1 Maximum
cash-out - At least 25% of the total money amount paid into an employee's
Flexible Leave Bank must be taken by the employee as paid leave.
17.9.2 Notice
required - The Company may require up to two weeks' notice of an employee's
wish to withdraw money amounts from his/her Flexible Leave Bank.
17.9.3 Minimum
amount - The minimum amount which an employee may withdraw from his/her
Flexible Leave Bank on any one occasion shall be 50% of the total ordinary-time
wages (including all shift and/or weekend penalties and/or all ordinary-time
allowances paid on a per shift or per week basis) which are normally earned by
the employee for one week's work.
17.10 Recording of
Flexible Leave - Flexible Leave System will be administered by the Pay
Department and the amount recorded in each employee's Flexible Leave Bank shall
be updated once each pay period. The
money amount available to each employee as accrued Flexible Leave shall be
shown on the employee's pay slip each pay day.
17.11 Maximum Annual
Carry Over of Flexible Leave - Subject to the restriction imposed by paragraph
17.9.1 of subclause 17.9 of this clause, on the first pay day in June each year
each employee will be paid out any accrued flexible leave credit which exceeds
the amount of ordinary-time wages (including all shift and/or weekend penalties
and/or all ordinary-time allowances paid on a per shift or per week basis)
which are normally earned by the employee for two weeks' work.
17.12 Payment on
Termination - If an employee ceases to be employed by the Company for any
reason whatsoever, then any accrued flexible leave credit owing to that
employee shall be paid to the employee.
This payment shall not be counted for the purposes of any other payment
due to the employee on termination.
18. Sick Leave
18.1 Quantum of Sick
Leave - Employees other than casual employees shall accrue an entitlement to
paid sick leave at the rate of (60 x 1)/52.18 = 1.15 minutes for each hour of
rostered ordinary-time work (or paid leave).
18.2 Sick Leave -
Prior to the start of any such absence the employee will inform the Company of
his/her inability to attend for duty, and, as far as practicable, shall state
the nature of the injury or illness and the estimated duration of the
absence. Provided further that the
notice requirements in this clause and or subclause shall not be enforced where
the employee is unable to give such notice as a result of the employees illness
or incapacity or other factors beyond the employees control.
18.3 Access to
Accrued Paid Sick Leave - Employees (other than casual employees) who are
absent from work on account of personal illness or incapacity shall be entitled
to paid sick leave up to the quantum accrued by the employee, provided that
paid sick leave shall not be available to an employee:
18.3.1 during
the employee's first three months of service;
18.3.2 an
employee shall prove to the satisfaction of the employer that the employee was
unable, on account of such illness or injury, to attend for duty on the day or
days for which sick leave is claimed; provided that for the first two single
days for which sick leave is claimed in a year of employment, a medical
certificate shall not be required.
18.3.3 an
employee shall be entitled to a total of two single sick days per year without
a medical certificate, the two days may be taken in accordance with clause
18.3.2 or clause 17.8.1.
18.3.4 if
the employee fails to notify the Company of his/her inability to attend for
duty and/or fails to (as far as practicable) state the nature of the injury or
illness and the estimated duration of the absence. Such notification is to be given prior to the start of any such
absence, provided that the notice requirements in this subclause shall not be
enforced where the employee is unable to give such notice as a direct result of
the employees illness or incapacity or other factors beyond the employees
control.
18.4 Payment While on
Sick Leave - Employees other than casual employees shall be paid, while absent
from work on paid sick leave, the ordinary-time pay (including all shift and/or
weekend penalties) which they otherwise would have earned during the period of
the leave.
18.5 Amount Used -
For each absence on sick leave the employee's accrued sick leave entitlement
shall be reduced by the number of ordinary-time hours which the employee would
normally have worked during the period of that absence.
18.6 Accumulation
From Year to Year - Any sick leave entitlement which has not been taken in any
year of employment shall accumulate from year to year and may be claimed by the
employee and shall be allowed by the Company (subject to the conditions
prescribed by this clause) in any subsequent year of continuous
employment. For the purpose of this
subclause, service includes any period of absence on paid leave and continuous
service shall be deemed not to have been broken by any period of unpaid leave
granted by the Company or by any unpaid absence from work by reason of personal
illness, injury, or other reasonable cause (proof of which in each case shall
be upon the employee), provided that any such unpaid leave shall not be taken
into account in computing the total period of service for accrual purposes.
18.7 Access Prior to
Approval of Workers Compensation - Employees who have made an application for
payment pursuant to the Workers Compensation Act 1987, shall be entitled to
access accrued sick leave, up to quantum accrued by the employee, provided that
such payment shall be adjusted with the employer in the event the employee is
entitled to workers compensation payments, so as to ensure that neither the
employer or the employee does not receive both sick leave and workers compensation
for the same period of time.
18.8 Extended Sick
leave entitlements - The parties have agreed that existing sick leave
provisions will be enhanced with a provision for extended Sick leave in genuine
circumstances of serious illness or incapacity.
18.8.1 Maximum
entitlements to Extended Sick Leave - The maximum entitlements for extended
sick leave will be 6 months every two years.
18.8.2 Payment
while on Extended Sick Leave - Employees other than casual employees shall be
paid, while absent from work on paid extended sick leave, on the average of the
weekly pay. The average will be
calculated on the previous six months wages they have earned.
18.8.3 Notification
- The employee must advise the company on that day that they will be absent
from work, unless the employee’s circumstances are such that they cannot advise
the company by that time, in which case they must notify the company as soon as
possible.
18.8.4 Medical
Certificate - All applications for payment of extended sick leave beyond the
sick leave entitlement detailed in clause 18.1, must be accompanied by a
medical practitioner’s certificate verifying the ill health or incapacity,
including prognosis and number of days absent from work.
18.8.5 Section
Opinion - The Company reserves the right to a second medial practitioner’s
opinion verifying the ill health or incapacity, including prognosis. The company will pay for the second
opinion. Were the two medical practitioners
can agree on the prognosis a third independent medical practitioner shall be
agreed and their determination will be binding on the parties.
18.9 Limitation on
extended Sick Leave entitlements
18.9.1 Casuals
will not be entitled to extended sick leave
18.9.2 Employees
will not be eligible for extended sick leave due to a work place injury or
while waiting for Workers Compensation claim to be accepted.
18.9.3 Employees
will not be eligible for extended sick leave while they still have leave
accrued.
18.9.4 Employees
will not be eligible for payment of extended sick leave for the first 18 months
of permanent employment.
18.9.5 Extended
sick leave is only available for periods greater than two weeks
18.9.6 Extended
sick leave will not be granted to an employee for family carers leave.
18.9.7 Sick
leave and extended sick leave will not be paid out upon separation from the
company.
18.9.8 Where
it is clear that an employee will be absent from work on extended sick leave
for more than four weeks, the company will assess the need for and, where
appropriate, initiate a Return to Work program to assist the employee’s safe
return to work.
19. Family Leave
19.1 Entitlement -
In addition to the leave provided under paragraph 17.8.2 , Flexible Leave, but
subject in all cases to the agreement of the Company, an employee (other than a
casual employee) who is responsible for the care and support of a person who
lives in the same domestic dwelling as does the employee and who is the spouse,
de facto spouse, same sex partner, child or relative of the employee, may, for
the purpose of undertaking those responsibilities, elect to:
19.1.1 take
unpaid leave;
19.1.2 take
accrued annual leave not exceeding five days in any calendar year;
19.1.3 take
time off in lieu of payment for overtime worked, at a time or times agreed with
the Company. In such cases the amount
of time allowed off shall be equal to the amount of time worked as overtime.
Where time off in lieu under this provision has not been sought by the employee
and allowed by the Company within 4 weeks of the overtime having been worked by
the employee then the employee shall be paid for the overtime worked at the
overtime rates provided under this award;
19.1.4 take
time off work and then work the same amount of additional time on a later date,
at the ordinary-time rate of pay for the hours so worked, even where the
additional hours so worked would otherwise attract payment at overtime rates
under other provisions of this award.
19.2 Not Limiting -
It is to be understood that paragraphs 19.1.1, 19.1.2, 19.1.3 and 19.1.4 are
intended to be facilitative only, and are not to be read as limiting any rights
and/or obligations of employees and/or of the Company in relation to absences
from work for purposes other than for family leave.
20. Jury Service
20.1. Entitlement -
an Employee, Other Than a Casual Employee, Shall be Allowed Leave of Absence
During Any Period When Required to Attend for Jury Service.
20.2 Payment During Jury
Service - During any leave of absence for jury service an employee shall be
paid the difference between the jury service fees received and the employee's
normal rate of pay.
20.3 Proof - An
employee shall be required to produce to the Company proof of jury service fees
received and proof of requirement to attend and attendance on jury service and
shall give the Company notice of such requirement as soon as practicable after
receiving notification to attend for jury service.
21. Shortage of Money
Or Bread
21.1 Loading Slips -
An employee shall be supplied with a copy of the loading slip for each load
taken during the day.
21.2 Notification -
where a shortage of money or bread appears on the face of the employee's book
or statement of delivery and such shortage appears to the Company to be the
result of the employee's negligence or failure to properly carry out his/her
duties then the employee shall be notified of such shortage by the Company, and
given an opportunity of checking same, within 48 hours after the day on which
the entry in the book or statement has been made. Saturdays, Sundays, and
holidays are not to be reckoned in the said 48 hours. Provided further that an employee shall not be held to be responsible
for moneys stolen by other person/s unless the employee has failed to properly
utilise such method of ensuring the safekeeping of money held in the Company's
vehicle as may be provided by the Company.
21.3 Deductions -
Where the employee is notified of the shortage within the period prescribed by
sub clause 2 of this clause, the Company may, each week, until the whole
shortage is satisfied, deduct an amount on account thereof from the wages due
to the employee: provided that the employee is paid a gross sum not less than
two-thirds of the pay prescribed for the employee's classification by this
award; provided further that in the case of dishonesty or in the case of
termination of services, me full amount of the wages due may be retained by the
Company. Deductions in respect of shortages notified in accordance with the
provisions of this clause shall commence within 3 months of such notification
and then continue each week until the shortage is repaid, otherwise the right
to deduct shall be forfeited.
21.4 Carry Over of
Overs and Shortages - Employees shall be notified each week of the overs and
shortages. Any overs are to be credited
to the employee and shall be available to meet subsequent shortages;
provided that any credit at the end of
any accounting quarter may be forfeited, except that shortages and overs in the
last two weeks of any quarter may be offset against overs or shortages in the
first two weeks of the next quarter.
21.5 More Than One
Employee on a Run - For the purpose of this clause, where more than one
employee is regularly employed delivering on any bread run from one vehicle or
conveyance, each shall be supplied by the Company with a book in which the
employee shall enter daily, the amount of bread that the employee delivers to
each customer served by the employee and any cash received. This subclause shall not apply to an
employee learning the run.
21.6 Responsibility
for Other Deliveries - Unless an employee is furnished with a list of bread and
bread rolls delivered to customers and cash received on the employee's run by
some other person the employee shall not be responsible for the booking
thereof.
22. Occupational
Superannuation
Superannuation contributions made by the Company on behalf
of the Employees under this agreement may only be made to George Weston Foods
administered fund (The Default Fund) or the Australian Retirement Fund or the
LUCRF Fund. Employees shall have the choice to have contributions directed to
any of these funds. This choice may be
exercised as at 1 January each year. The cost of any change will be the
responsibility of the Employee.
22.3 Contributions
shall comply with legislative and trust deed requirements.
23. Occupational
Health and Safety
23.1 The safety and
health of employees is of great concern to the Company. The Company aims to conduct all its
operations with full regard to the health and safety of employees, customers
and the community and with the utmost consideration for the environment. The
parties to this award recognise the responsibility of all employees of working
in a safe manner at all times in compliance with statutory and local
requirements. The responsibilities of
the Company and all employees are set out in both the George Weston Foods
Limited Safety Policy and the Tip Top Bakeries Safety Strategy.
The major objectives of the George Weston Foods Limited
Safety Policy and the Tip Top Bakeries Safety Strategy are to ensure that:
1. A safe
working environment and safe systems of work are provided and maintained;
2. machinery,
equipment and substances are provided and maintained in a safe condition;
3. Employees are
provided with the information, instruction, training and supervision that they
need to ensure their health and safety;
4. Health and
safety performance is improved and the incidence of injury and illness in the
workplace is reduced by implementing a program of continuos improvement and
reviewing health and safety policies, procedures and work practices on a
regular basis; and
5. Consultation
and cooperation between management, employees and their representatives on
health and safety issues is encouraged and improved by the effective
performance of fully representative Health and Safety Committees.
To enable the desired changes to become effective on
all the company’s workplaces, parties agree to the commitment of separating
occupational health and safety issues from industrial relations issues and
agendas.
No worker shall be required to work in an unsafe
situation.
23.2 Protective
Equipment - The Company shall provide a waterproof cape or coat to employees
when they are required to work outdoors during wet weather and shall provide
all necessary protective clothing so as to ensure the health, safety and
welfare of its employees in accordance with the requirements of the
Occupational Health and Safety Act 2000.
The company will provide suitable protective gloves, masks, ear muffs or
ear plugs, footwear and work outer clothing where the process so requires. An
employee who is supplied with any of the protecting equipment specified herein
shall wear or use, as the case may be, such protective equipment in such a way
as to achieve the purpose for which it is supplied. Such requirements may be varied to accommodate a certificate from
the company’s occupational physician.
23.3 Uniforms
I. At the
commencement of each years’ employment, the Company shall supply uniforms to
each employee that are appropriate to the duties performed. Such uniforms shall
conform with the relevant standards of health and safety.
II. No less than
three (3) upper and three (3) lower garments or equivalent shall be supplied
each year.
III. The Company
shall replace damaged uniforms when evidence of loss or damage is produced.
IV. The Company
shall continue to observe existing custom and practice where it is more favourable
to employees than the arrangements set out in 2 above.
23.4 Bakehouse
Clothing - The Company shall provide and maintain in good order and condition,
for the use of every person engaged in the bakehouse in a manufacturing process,
a sufficient supply of clothing consisting of a suitable head covering and
either an overall or a bib apron or short trousers, provided that short
trousers shall not be provided for the use of any person unless he/she agrees
to wear short trousers. All such
overalls, bib aprons and short trousers shall be of light coloured washable
material and all such head covering shall be of light coloured washable or
disposable material. Each such person
shall be provided with clean clothing at least twice weekly.
23.5 Baskets -
Basket and basket covers, where they are required by the Company to be used,
shall be supplied by the Company. Such
baskets shall be washed and basket covers laundered by the Company.
23.6 Money Bag - The
Company shall provide an employee handling cash with a money bag, if it is
required by the employee.
23.7 Care of
Equipment - Employees are responsible for the care and safekeeping of all
issued equipment and clothing and shall return each article to the Company on
request or on termination of their employment; in default, the Company may
deduct from wages due an amount equal to its replacement value less reasonable
depreciation, having regard to the condition of the item.
24. Labour Hire
Employees
The following shall govern conditions under which the
company will engage a labour hire firm:
24.1 The company’s
preference is to carry out as much of the site’s operations as possible with
company employees
24.2 Notwithstanding
the above, there may be occasions which require the use of a labour hire firm.
Generally, the need for a labour hire firm would occur either because
I. A permanent
vacancy has arisen, or
II. A
non-permanent vacancy has arisen of a short term.
III. in emergency
situation of a short term nature has arisen where customer or operational
requirements have changed
24.3 Where a
permanent vacancy arises, the company may utilise a labour hire firm to recruit
new employees. These employees shall
remain employees of the labour hire firm for no longer than one month. At the completion of that month those same
employees shall be employed by the Company as casual employees for a period to
be not longer than three months for such time that they commenced employment at
the Company. At the completion of the
three month period the said employee shall be made a permanent employee.
24.4 Where a
non-permanent, short-term vacancy arises then the Company may engage the use of
a labour hire firm only where it is agreed that;
I. Existing
employees of the Company, either full-time or casual, are unable to perform the
work to be done and;
II. That all
other avenues available have been exhausted by the company to cover the
additional work; and
III. That the company
employees, who have voluntarily elected to go on the overtime list, have been
asked to cover the vacancy
IV. The company
will inform the Union delegate/s of the causes giving rise to the engagement of
a labour hire firm.
V. The employment
of a labour hire firm will not continue for more than one month or they will
become a company casual employee.
24.5 Where a
long-term, non-permanent vacancy arises the Company will;
I. Offer the
position to an existing Company casual or;
II. Where no
existing casual seeks the position the company may offer the position firstly
to an existing labour hire employee or to a newly recruited labour hire firm
employee. The said labour hire employee will only remain at Tip Top as a labour
hire firm employee for no longer than four months, or for a period mutually
agreed between the relevant Department Manager and the Site Union Delegate.
Labour Hire employees shall only be engaged for periods in excess of four months, where such employee is relieving for
absences caused by long service leave, extended annual leave or undefined
periods of workers compensation or sick leave. In the event that the above
categories do not meet particular circumstances, parties may mutually agree on
other arrangements. Following the completion of that month, or agreed period,
the employee will become an employee of the Company as a Fixed Term Employee
pursuant to Clause 4 of this Agreement.
24.6 Where a company
engages a labour hire firm the company’s contract with the labour hire firm
will include the following provisions:
I. Casuals will
be paid according to the terms and conditions of this Agreement.
24.7 In accordance
with the above, it is also accepted that where a vacancy arise either permanent
or short-term on shift work, the first opportunity to fulfil this vacancy will
be given to existing permanent day shift employees of the Company provided that
the duties as are within the employee's skills and competence.
25. Disputes
Procedure
25.1 Any question,
dispute or difficulty arising out of the operation of this Agreement shall be
dealt with in the following manner:
I. The employee
involved shall refer the matter to his or her immediate Supervisor/Manager for
resolution. The Supervisor/Manager will, in normal circumstances, provide an
answer within 24 hours
25.2 Notification -
The employee, or Union on the employees behalf, is required to notify the
Company (in writing or otherwise) as to the substance of the grievance or
dispute, to request a meeting with the Company for joint discussions and to
state the remedies which are sought.
25.3 Graduated
Process - A grievance must initially be dealt with as close to its source as
possible. If the matter is not then resolved the employee may confer with his or
her Union representative within working hours and together the matter will be
discussed with representatives of the Company. There shall be further
discussions and resolutions at higher levels of authority, and responsible time
limits must be allowed for discussions at each level of authority. During this process the employee may be
represented by an officer of the Union.
25.4 Finalisation -
If the matter has not been resolved to the employee's satisfaction by these
discussions, then the Company must provide a written response to the employee's
grievance, including reasons for not implementing any proposed remedy.
25.5 Reference to
Commission - Nothing in this clause shall be taken as limiting either party's
right to refer a matter in dispute to the Industrial Relations Commission of
New South Wales for conciliation and arbitration.
25.6 In the event of
a dispute, normal work must continue until an agreement is reached or the
dispute is otherwise resolved.
25.7 The above
procedure will also apply in respect of disputes, questions or difficulties
which relate to more than one employee.
26. Union Rights
26.1 Union
Membership - The parties recognise the arrangements outlined in this agreement
have evolved from the Union representing employees. The company agrees that the
Union will have the right to enrol employees on the premises.
The company undertakes upon authorisation to deduct
Union membership dues, as levied by the Union in accordance with its rules,
from pay of employees who are members of the Union. Such monies collected will
be forwarded to the Union at the beginning of each month together with all
necessary information to enable the reconciliation and crediting of
subscriptions to members’ accounts.
26.2 Stop Work
Meetings - Employees of the company shall participate in one paid stop work
meeting of a maximum of two hours for each year of the Agreement. The Delegates
in consultation with Bakery Management, may determine the production needs of
the bakery and agree on a skeleton crew of non union employees to maintain a
safe operation of the Bakery.
The Union will give the Company 7 days’ notice of its
intention to convene a Union meeting. The time of the meeting will be mutually
agreed having regard to the particular operating requirements of the
Bakery/Bakeries.
26.3 Trade Union
Training - During the life of this Agreement, the Union may from time to time
nominate Union Representatives to attend without loss of pay to a training
course held by the Union or any other training recognised by the Union. The
Union will give the company a minimum of 14 days notice of its intention to
hold a training course.
26.4 Delegates
Rights - The company shall recognise any duly accredited delegate(s) of the
Union where it is advised by the Union that the person concerned has been
elected/appointed as a Delegate in accordance with the rules of the Union.
The delegates will provide to the company on a 3
monthly basis during the life of the Agreement, a list of current delegates
employed by the bakery.
26.5 Reasonable
notification and Access - In
recognising the rights of Union Delegates the company shall give to delegates
reasonable notification and access to the following:
I. The Company will
supply to Delegates a list of all new employees on a monthly basis, detailing
their name and department in which they work.
II. Inductions -
Delegates shall be given a reasonable amount of time without loss of pay to
talk to new employees, to explain the role of the Union and the benefits of
Union Membership.
III. Counselling
Sessions - Delegates shall be notified no later than 24 hours prior to any
counselling session involving any employee of the company covered by this
agreement.
IV. Warning Sessions
- Delegates shall be notified no later than 24 hours prior to any warning session involving any employee of
the company covered by this agreement
Union delegates shall be notified of all Induction,
Counselling and Warning sessions that are to be held within their department,
if a department has no elected Union Delegate, the Company shall notify other
Delegates employed at the Bakery.
Union delegates shall be given time off work to attend
such sessions, if a request is made by the employee effected.
26.6 Reasonable
Access - In recognising the rights of Union delegates the Company shall give to
Delegates reasonable access to the following facilities:
Telephone
Fax Machine
Photocopying
Storage
These facilities shall be made available to Delegates to
perform their duties as the duly elected representatives of the Employees.
Union delegates will obtain the approval of their
immediate supervisor before taking paid time to discharge their functions
pursuant to Clause 26 such approval will not unreasonably be withheld.
26.7 Reasonable Paid
Time - Delegates will be given reasonable time per week, without loss of pay,
to assist in the reasonable discharge of their functions as a Representative of
the employees covered by this Agreement.
Union delegates will obtain the approval of their
immediate supervisor before taking paid time to discharge their functions
pursuant to Clause 26. Such approval will not unreasonably be withheld.
27. Area, Incidence
and Duration
27.1 Coverage This award
shall be binding on the Company in respect of all its employees employed within
the State of New South Wales and who come within the jurisdiction of the Baking
Industry (State) Conciliation Committee and/or who are apprentices to the trade
of bread manufacturing, and it shall, except as provided for under subclause
2.3 of clause 2, Savings Provisions, of this award, rescind and replace the
Bread Industry (State) Award published 24 February 1995 (284 I.G. 136), as
varied, to the extent of that coverage.
27.2 This award
rescinds and replaces the LHMU & Tip Top Bakeries (NSW) Enterprise Award
2004 published on 4 February 2005 (348 I.G. 314).
27.3 Operation -
This award shall take effect from the first pay period on or after 1 November
2005 and shall remain in effect until 1 August 2008 .
PART B
MONETARY RATES
Table 1a - Weekly
(38-Hour) Rates for Full-time Employees except Chullora - Production and
Warehouse
|
Classification
|
Ordinary-time Rate of
|
Ordinary-time Rate of
|
Ordinary-time Rate of
|
|
|
Pay
per 38-hour Week
|
Pay per 38-hour
Week
|
Pay per38-hour Week
|
|
|
From
1st full pay period
|
From 1st full pay
period
|
From 1st full pay
period
|
|
|
from
19th September 2005
|
from 1st August
2006
|
from 1st August
2007
|
|
|
$
|
$
|
$
|
|
Level 1
|
731.38
|
760.64
|
791.06
|
|
Level 2
|
668.82
|
695.57
|
723.40
|
|
Level 3
|
637.52
|
663.02
|
689.54
|
|
Level 4
|
590.93
|
614.57
|
639.15
|
|
Level 5
|
559.73
|
582.12
|
605.40
|
|
Level 6
|
526.76
|
547.83
|
569.74
|
Table 1b - Weekly (38-Hour)
Rates for Full-time Employees - Chullora - Production and Warehouse
|
|
Ordinary-time
Rate of
|
Ordinary-time Rate
of
|
Ordinary-time Rate
of
|
|
|
Pay
per 38-hour Week
|
Pay per 38-hour
Week
|
Pay per 38-hour
Week
|
|
Classification
|
From
1st full pay period
|
From 1st full pay
period
|
From 1st full pay
period
|
|
|
from
19th September 2005
|
from 1st August
2006
|
from 1st August
2007
|
|
|
$
|
$
|
$
|
|
Level 1
|
731.38
|
760.64
|
791.06
|
|
Level 2
|
668.82
|
695.57
|
723.40
|
|
Level 3
|
637.52
|
663.02
|
689.54
|
|
Level 4
|
590.93
|
614.57
|
639.15
|
Table 2 -
Allowances
|
Item
|
Brief
Description
|
From 1st full pay
|
From 1st full pay
|
From 1st full
|
|
No.
|
|
period from
|
period from
|
pay period from
|
|
|
|
19 September 2005
|
1st August 2006
|
1st August2007
|
|
|
|
$
|
$
|
$
|
|
1
|
Meal allowance (2 or more
|
9.90
|
10.30
|
10.75
|
|
|
hours overtime without
notice)
|
|
|
|
|
2
|
First-aid (when appointed by
|
12.90 per week
|
13.40 per week
|
13.95 per
|
|
|
Tip Top as first-aid officer)
|
|
|
week
|
|
3
|
Leading Operator: supervision
|
14.60 per week
|
15.15 per week
|
15.75 per week
|
|
|
of up to 4 employees
|
|
|
|
|
4
|
Leading Operator: supervision
|
28.80 per week
|
30.00 per week
|
31.15 per week
|
|
|
of more than 4 employees
|
|
|
|
|
5
|
Light Rigid Vehicle Allowance
|
30.00 per week
|
31.20 per week
|
32.45 per week
|
|
6
|
Medium Rigid Vehicle
|
40.00 per week
|
41.60 per week
|
43.25 per week
|
|
|
Allowance
|
|
|
|
|
7
|
Heavy Rigid Vehicle Allowance
|
50.00 per week
|
52.00 per week
|
54.10 per week
|
|
|
|
|
|
|
|
8
|
Heavy Combination Vehicle
|
70.00 per week
|
72.80 per week
|
75.10 per week
|
|
|
Allowance
|
|
|
|
|
9
|
Boiler Allowance (when
|
12.40 per week
|
12.85 per week
|
13.40 per week
|
|
|
appointed in charge of firing
a
|
|
|
|
|
|
boiler)
|
|
|
|
|
10
|
Apprentices' Allowance: for
|
5.55 per week
|
5.80 per week
|
6.00 per week
|
|
|
stage 1 pass
|
|
|
|
|
11
|
Apprentices' Allowance: on
|
15.75 per week
|
16.40 per week
|
17.05 per week
|
|
|
completion of course
|
|
|
|
|
12
|
Merchandising Vehicle
|
16.60 per day
|
17.25 per day*
|
17.95 per day*
|
|
|
Allowance
|
|
|
|
|
13
|
Merchandising Travel
|
17.68c per km
|
18.39c per km*
|
19.12c per km*
|
|
|
Allowance: all travel on
|
|
|
|
|
|
rostered days
|
|
|
|
* Merchandising Vehicle Allowance and Merchandising
Travel Allowance
Subject to majority agreement of all merchandisers 4.0%
effective from the first pay period to commence on or after 1st August 2006 OR
by adjustments following a review of an independent assessment (by NRMA or
agreed motoring body) of Toyota Camry (mid size) vehicle. The decision will
also apply for an adjustment effective from the first pay period to commence on
or after 1st August 2007.
Appendix 'A'
The Tip Top NSW Enterprise Award 2005
1. The following
arrangement is made pursuant to clause 9.2.6 - Country Region - Merchandiser Reduced
Minimum Start - of the Award, in regard to the following work locations:
(Location(s) of Establishment)
2. It is agreed
between the parties that the following arrangement for a Country Region -
Merchandiser Reduced Minimum Start for the above location is as follows :
3. This
agreement shall take effect from the beginning of the first full pay period to
commence on or after__________________(insert date) and shall remain in force
for a period of_____________________ being a period no longer than 24 months.
4. Signed on
behalf of George Weston Foods Pty Ltd trading as Tip Top Bakeries.
Signed By:___________________ Name: ________________________
(please print)
____________________________ Name: ________________________
(Employee to sign) (please
print)
Signed on behalf of the Australian Liquor Hospitality
and Miscellaneous Workers Union (where required pursuant this Award):
___________________________ Name: ________________________
(Union Secretary) (please
print)
Appendix 'B'
EMPLOYEE COUNSELLING
AND DISCIPLINE PROCEDURE
The employee shall be offered
The role of counselling and discipline in the workplace
should be corrective in nature.
Discipline is aimed at obtaining compliance with the Company’s
"Guidelines for Conduct"
The following procedure, which shall be used for all cases
other than those warranting summary dismissal, is designed to encourage and
improve good work practices, performance and individual conduct. The procedures also prescribe steps for
guidance, and, in appropriate cases, taking disciplinary action.
The Objectives
(a) To encourage
and improve good work practices, performances and individual conduct.
(b) To ensure that
all matters relating to employee and management conduct are investigated
properly, considered reasonably and are dealt with promptly and fairly.
(c) To ensure that
every consideration has been given to correcting unsatisfactory performance or
conduct.
(d) To ensure
that, other than in cases of serious misconduct, severe disciplinary action is
taken only as a last resort, following appropriate counselling and after formal
warnings have been given.
Responsibilities
(a) This procedure
is to be observed by Supervisors and Managers at all levels. It is management’s
responsibility to make available and known to all employees as appropriate, the
standard terms and conditions of their employment, and all rules and
regulations relating to their work. Employees for their part are required to
familiarise themselves with these documents and to comply with the prescribed
Company rules and statutory regulations.
(b) Infringement
of rules will be dealt with on an individual basis, and where appropriate,
mitigating circumstances will be taken into account.
The Procedure
The employee shall be offered the opportunity to have a
Delegate or witness present at all steps of this procedure, and the Organiser,
if desired by the employee, at the issuing of final warnings and dismissals.
Step 1 Verbal
Counselling/warning (period between one (1) and six (6) months)
This shall consist of a verbal warning recorded as a
record of interview on the employee’s file and counselling of the employee, so
that the employee understands the need for improvement in his / her behaviour
or performance. The interview shall be attended by the Employee, Supervisor,
and, if requested a Delegate or witness.
Step 2 Written Warning
(period six (6) months)
Should the offending behaviour/performance continue
during the period set out in Step 1 above, a written warning will be issued to
the employee with a copy being placed upon the employee’s file. The counselling shall impress upon the
employee, the seriousness with which the Company views the offending behaviour
and the interview shall be attended by the Employee, Supervisor, Manager and,
if requested a Delegate or witness.
Step 3 Final Written
Warning (period twelve (12) months)
Should the offending behaviour/performance continue
beyond Step 1 and 2, the employee shall be given a written final warning with a
copy to the employee’s file. The final warning shall indicate clearly to the
employee that any further transgression will result in dismissal. This
interview shall be attended by the Employee, the Supervisor, the Business Unit
Manager, or nominated representative and, if requested, the Union Delegate. The
Union Delegate shall be given the opportunity to contact the Union Organiser
and secure his / her attendance, should this be requested by the Employee.
Step 4 Dismissal
If Steps 1 - 3 are unsuccessful in bringing about the
behavioural change or performance improvement required the Company may dismiss
the employee. Should dismissal be necessary, the action shall involve the
Business Unit Manager, the Delegate, the Human Resources Manager, the General
Manager of the Site and, if requested, the Union Organiser or witness.
(i) The employee
shall be stood down on pay, while the matter giving rise to the decision to
dismiss is reviewed between the Business Unit Manager, the Human Resources
Manager, the General Manager. During the process the decision to dismiss will
be thoroughly reviewed to ensure that all steps have been correctly followed.
(ii) The employee
shall be called in, on pay, and invited, within a private office and in company
with the Delegate, and, if requested, the Union Organiser, to explain the
behaviour complained of and asked to
explain why dismissal should not proceed.
(iii) If, following
this procedure, a response satisfactory to the Human Resources Manager and/or
the General Manager, is not given, and the decision to dismiss the employee is
confirmed, then the necessary steps will be approved by the Human Resources
Manager and/or the General Manager to conclude necessary actions to effect
payments, certificates, etc, for the employee concerned, as required by this
Award.
General
Where a serious default in behaviour/performance occurs, but
is deemed by the Company not to warrant summary dismissal, the Company may
commence action under the clause, at the step which it (the Company) considers
appropriate to the seriousness of the offending behaviour/performance.
In cases of employees being subject to this clause for being
absent without pay, having exhausted their entitlement to sick leave, step
three (3) will be the first and final counselling step, with step four (4)
being dismissal.
Warnings shall be issued in formal surroundings and shall
follow full examination of the alleged misconduct.
The employee shall have full opportunity to respond to any allegations
made prior to any warnings being issued under this clause.
Each written warning shall outline the nature of the
unsatisfactory behaviour or performance.
Warnings shall be issued under the procedure for offences as
identified within the "Guidelines for Conduct".
The Employee Counselling and Discipline Procedure does not
apply in cases warranting summary dismissal.
Tip Top reserves the right to summary dismissal in cases of
serious misconduct
Appendix 'C'
Probationary
Employee Performance Review
This form must be
completed for all Probationary Employees
|
NAME
|
|
|
DATE OF REVIEW
|
|
|
DEPARTMENT
|
|
|
REVIEWED BY
|
|
|
JOB CLASSIFICATION: Level
|
|
POSITION
|
|
|
|
EMPLOYEE’S
|
|
|
|
|
SIGNATURE:
|
|
|
|
|
MANAGERS/SUPERVISOR’S
|
|
|
|
|
SIGNATURE
|
|
|
|
|
|
|
|
|
|
Above each skill dimension tick the box which you feel best
to describe the skill level reached by the employee. You MUST provide examples based on past employee behaviour.
|
SAFE WORK PRACTICES
|
|
|
|
|
|
Safe work practices.
|
Well below
|
Requires extra
|
Works in a safe
|
Always observes
|
|
|
acceptable
|
safety
|
manner.
|
and promotes
|
|
|
standard.
|
supervision.
|
|
rules.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
HACCP
|
|
|
|
|
|
Effectively complies to HACCP
|
Unacceptable
|
Less than
|
Fully
|
Always
|
|
standards
|
level of
|
expectable
|
acceptable
|
complies and
|
|
|
compliance
|
level of
|
level of
|
promotes
|
|
|
|
compliance
|
compliance
|
HACCP
|
|
JOB MOTIVATION
|
|
|
|
|
|
Extent to which employee
|
Demonstrates
|
Demonstrate
|
Demonstrates
|
Satisfaction
|
|
demonstrates interest in and obtains
|
little/no interest
|
some
|
full satisfaction
|
/interest in job
|
|
personal
satisfaction from job
|
satisfaction in
|
satisfaction
|
/interest in job.
|
consistently
|
|
activities and responsibilities
|
job.
|
/interest in job.
|
|
exceeds
|
|
|
|
|
|
level required.
|
|
INITIATIVE/DRIVE
|
|
|
|
|
|
Self starting.
Taking action to
|
Needs to be
|
Needs some
|
Demonstrates
|
Actively
|
|
achieve job requirements.
|
prompted to
|
prompting to
|
some examples
|
attempts to
|
|
|
take action.
|
take action.
|
of originating
|
influence
|
|
|
|
|
actions.
|
events and
|
|
|
|
|
|
originate
|
|
|
|
|
|
action.
|
|
WORK STANDARDS
|
|
|
|
|
|
Meeting job performance standards.
|
Does not meet
|
Meets some
|
Meets all
|
Exceeds the
|
|
|
performance
|
performance
|
performance
|
performance
|
|
|
standards.
|
standards.
|
standards.
|
standards.
|
|
MACHINE OPERATION
|
|
|
|
|
|
Using the relevant machine or
|
Unacceptable
|
Less than
|
Fully
|
Consistently
|
|
technology to the standard required
|
standard of
|
acceptable
|
acceptable
|
above
|
|
by management or the process.
|
machine
|
level of
|
level of
|
standard of
|
|
|
operation.
|
machine
|
machine
|
operation
|
|
|
|
operation.
|
operation.
|
required.
|
|
TEAM IMPACT
|
|
|
|
|
|
Initial and ongoing team impact.
|
Unable to get
|
Some ability to
|
Able to get
|
Excellent
|
|
Ability to get along with others.
|
along with
|
get along with
|
along with
|
ability to
|
|
|
team members.
|
team members.
|
team members.
|
get along
|
|
|
|
|
|
with team
|
|
|
|
|
|
members.
|
|
PROBLEM ANALYSIS
|
|
|
|
|
|
Ability to locate root cause of a
|
Does not
|
Obtains some
|
Obtains
|
Obtains
|
|
problem and generate data/ideas and
|
obtain relevant
|
relevant
|
relevant
|
relevant
|
|
action for solution.
|
information
|
information
|
information
|
information
|
|
|
and reaches
|
and often able
|
and makes
|
and makes
|
|
|
inappropriate
|
to reach
|
appropriate
|
relevant
|
|
|
conclusions.
|
appropriate
|
decisions.
|
solutions
|
|
|
|
conclusions.
|
|
beyond
|
|
|
|
|
|
requirements.
|
|
PRACTICAL LEARNING
|
|
|
|
|
|
Obtaining and applying job related
|
Unable to learn
|
Able to learn
|
Learns and
|
Consistently
|
|
information.
|
and apply job
|
and apply some
|
applies all
|
learns and
|
|
|
related
|
job related
|
required job
|
applies more
|
|
|
information.
|
information.
|
related
|
job related
|
|
|
|
|
information.
|
information
|
|
|
|
|
|
than required.
|
|
WORK HABITS
|
|
|
|
|
|
Work habits consistent with
|
Does not meet
|
Usually meets
|
Always meets
|
Consistently
|
|
company policy eg. Punctuality and
|
work habit
|
work habit
|
work habit
|
exceeds work
|
|
attendance.
|
requirements.
|
requirements.
|
requirements.
|
habit
|
|
|
|
|
|
requirements.
|
|
ADAPTABILITY/FLEXIBILITY
|
|
|
|
|
|
Maintains effectiveness in different
|
Unable to
|
Sometimes
|
Always
|
Consistently
|
|
jobs and areas.
|
maintain
|
maintain
|
maintains
|
exceeds
|
|
|
effectiveness
|
effectiveness
|
effectiveness
|
requirements.
|
|
|
in different
|
in different
|
in different job
|
|
|
|
jobs and areas.
|
jobs and area.
|
and areas.
|
|
|
ORAL COMMUNICATIONS
|
|
|
|
|
|
Uses effective communication. Able
|
Frequently has
|
Sometimes
|
Usually able to
|
Consistently
|
|
to express ideas and thoughts clearly
|
problems being
|
able to be
|
be understood
|
able to be
|
|
and concisely.
|
understood
|
understood and
|
and express
|
understood
|
|
|
through poor
|
express ideas
|
ideas and
|
and express
|
|
|
expression.
|
and thoughts
|
thoughts
|
ideas and
|
|
|
|
clearly.
|
clearly.
|
thoughts
|
|
|
|
|
|
clearly.
|
|
OVERALL COMMENT ON
PERFORMANCE TO
|
POTENTIAL (MAKE A
JUDGEMENT OF THE
|
|
DATE
|
EMPLOYEES FUTURE
POTENTIAL TO THE
|
|
|
COMPANY
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
APPENDIX 1a
CLASSIFICATION
LEVEL INDICATORS FOR FULL-TIME EMPLOYEES EXCEPT CHULLORA - PRODUCTION AND
WAREHOUSE
|
BAKEHOUSE
|
Levels
|
|
Responsible for total production
|
1
|
|
Responsible for production line
|
2
|
|
Weighing and mixing of doughs (by hand or electronics)
|
2
|
|
Holder of OBC/trade certificate, or an employee operating
a proofer and/or oven
|
3
|
|
Operating a dough divider
|
4
|
|
Performing tin or tray change or cleaning duties only, and
new employees with less than 6
|
|
|
months and more than 3 months experience
|
5
|
|
New employees with no experience
|
6
|
|
BREADROOM
|
|
|
Responsible for total production/shift
|
1
|
|
Responsible for production area, i.e., slicing area or
loading dock
|
2
|
|
Employee capable of performing duties related to the
operation of more than one slicing area
|
|
|
(i.e., bread and rolls) and loading dock
|
3
|
|
Performing the duties of a slicing operator and/or related
duties, or performing the duties of
|
|
|
making up loads and/or related duties
|
4
|
|
Performing crate washing, or performing the duties of
cleaning the loading dock and/or
|
|
|
slicing area, and new employees with less than 6 months
and more than 3 months experience
|
5
|
|
New employees with no previous experience
|
6
|
|
DRIVERS
|
|
|
Employee who develops new business opportunities,
understands promotional operations
|
|
|
and understands the sales operations, and who is
responsible for a sales section
|
1
|
|
Employee who is capable of performing more than one bread
run and is called upon to do so
|
|
|
at short notice, or an employee who is classified as a run
supervisor (Vendor relief)
|
3
|
|
Employee who is capable of performing a bread run without
supervision and/or who performs
|
|
|
a single bread run without supervision and/or who is a
Bulk Driver who is responsible for
|
|
|
ordering bread and allied products
|
4
|
|
Bulk Transfer Driver/Bulk Delivery Driver, and/or an
employee who performs a bread run
|
|
|
under supervision, including recording and maintaining
basic records and making simple
|
|
|
written reports
|
5
|
|
New employees with no experience
|
6
|
|
MERCHANDISERS
|
|
|
Employee who is responsible for the co-ordination,
rostering and wages of Merchandisers
|
|
|
and liaises between Merchandisers and drivers, i.e.,
Merchandiser Co-ordinator
|
1
|
|
Employee who performs duties of Levels 4 and 5 and who is
able to advise other employees
|
|
|
on the proper placement of product and of company
fixtures, and who is responsible for
|
|
|
training new employees
|
3
|
|
Employee who performs the duties of Levels 4 and 5 and who
is capable of performing those
|
|
|
duties in more than one run territory and who assists with
on-the job training and who is
|
|
|
expected to be able to change areas at short notice and to
be responsible for ordering product
|
|
|
in a new area, with no previous knowledge of the area and
without supervision
|
3
|
|
Employee who performs the duties of Level 5 and is called
upon to do more than one retail
|
|
|
outlet at short notice and without supervision and/or who is
responsible for the ordering of
|
|
|
any product and/or who is responsible for placement of
product and Company fixtures
|
4
|
|
(stands, bins, etc.)
|
|
|
Employee who performs the duties of merchandising without
supervision, including recording
|
|
|
and maintaining basic records and making simple written
reports, counting of bread and allied
|
|
|
returns, removal of returns, packing of products on to
stands and general tidying up, including
|
|
|
a new employee who performs these duties without supervision
|
5
|
|
New employees performing duties under supervision (for a
maximum of up to 3 months)
|
6
|
APPENDIX 1b
CLASSIFICATION LEVEL
INDICATORS FOR FULL-TIME EMPLOYEES AT CHULLORA -PRODUCTION AND WAREHOUSE
Employee flexibility
The general principle regarding employee flexibility shall
be that an employee may be required to work within any area of the Chullora
facility, provided they have received appropriate training and are competent to
perform the required the task/s. The following clauses outline how flexibility
will operate at Chullora.
1. Movement of
Employees
An employee can be required to perform any duties
within in any area, section or department requiring those skills, including
work within a lower classification. During such a transfer, the conditions of
work, e.g., hours and breaks, applicable within the new area, section or
department will apply.
2. Promotion
Employees may be promoted to higher classifications of
work upon selection through the standard company practices.
LEVEL ONE
Indicative Positions
Team Leader Making
Team Leader Packing
Team Leader Warehouse
General Purpose & Responsibilities
(The following description of tasks, applied skills and
responsibilities are indicative only, and are not intended as an exhaustive
list)
Is responsible for a team of employees and the production
outcomes within their designated area of responsibility. This includes (but is
not limited to) task allocation, work scheduling within plan, training &
developing staff, managing and assessing staff performance, recommendations for
staff promotion, counselling or termination.
Is able to set up, operate and adjust all machinery and
equipment relevant to their area. Is able to investigate and analyse production
outputs and trends, using all available information, and report &/or make
appropriate adjustments.
The employee performs work and exercises skills, knowledge
and discretion (beyond that of a Level Two employee) to the level of his/her
training within all areas of the facility.
Scope of positions
Making
Is responsible for a production making line. This
includes all activities commencing from and associated with the preparation of
ingredient and ceases where product is transferred to the packing area. For
example, the scope of responsibility for bread production includes all
activities associated with and that commence with dough mixing through to the
exit of product from the coolers and transfer to slicing & packing
machines.
Packing
Is responsible for a production packing line. This
includes all activities associated with the preparation and packaging of finished
products and transfer of packaged goods to warehouse.
For example, the scope of responsibility for bread
production includes all activities associated with and that commence with
slicing and bagging machines through to crate stacking & preparation for
despatch to warehouse/distribution
Warehouse & Services
Is responsible for the operations of the warehouse and
general services on a designated shift including interbranch activities and
communications, stock control, quality control and picking/loading for product
distribution.
LEVEL TWO
Indicative Positions
Production Line Operative - Making
Stores Co-ordinator
General Purpose & Responsibilities
(The following description of tasks, applied skills and
responsibilities are indicative only, and are not intended as an exhaustive
list)
Is able to set up, operate and adjust all machinery and
equipment relevant to their area. Is able to investigate and analyse production
outputs and trends, using all available information, and report &/or make
appropriate adjustments. Is able to evaluate, analyse and recommend changes to
work station problems and procedures;
Is responsible for the quality of product and able to
inspect products and/or materials for the conformity with established
operational standards.
May be required to relieve a Level One employee during meal
breaks and/or during periods of leave absences.
The employee performs work and exercises skills, knowledge
and discretion (beyond that of a Level Three employee) to the level of his/her
training within all areas of the facility. Works under limited supervision
either individually or in a team environment.
Scope of positions
Making
Is responsible for a production making line. (This
includes ingredient preparation & mixing through to pre-packing).
Services
Is responsible for the Stores area and all activities
associated, including goods receipt, goods transfer and storage allocation
& despatch and stores administration.
Supervises other employees working in the Stores area.
LEVEL THREE
Indicative Positions
Production Line Operative - Packing
Warehouse Operative - Multi tasked (General)
General Purpose & Responsibilities
(The following description of tasks, applied skills and
responsibilities are indicative only, and are not intended as an exhaustive
list)
The employee exercises skills, knowledge and discretion
(beyond that of a Level Four employee) to the level of his/ her training within
all areas of the facility.
Such an employee shall be trained and capable of operating
flexibly on more than one workstation. Is able to set up, operate and adjust
all machinery and equipment relevant to their area.
The employee performs work and exercises skills, knowledge
and discretion (beyond that of a Level Three employee) to the level of his/ her
training within all areas of the facility.
Scope of positions
Packing
Is responsible for and is able to perform all
activities on a packing line, under limited supervision.
Warehouse
Under limited supervision, is able to perform all
activities in the warehouse, including interbranch goods issuing and
receipting, picking and loading orders and all areas of stock movement and
control.
LEVEL FOUR
Indicative Positions
General Services Employee (Crate wash, Cleaner, Returns
or Tin Change)
Warehouse Operative - Pick and Load
Production Operative - Manual Packing
General Purpose & Responsibilities
(the following description of tasks, applied skills and
responsibilities are indicative only, and are not intended as an exhaustive
list)
Works under routine supervision or instruction, either
individually or in a team environment.
Understands and undertakes basic quality control
assurance procedures including the ability to recognise basic quality
deviations/faults.
Reads instructions, records activities and utilises
basic statistical control procedures.
Is responsible for the quality of his/her own work
subject to routine supervision;
Exercises discretion within his/her level of skills and
training;
Operates machinery and equipment required in the
performance of his/her work
Indicatives of the tasks which employee at this level may
perform are the following:
repetition work on automatic, semi-automatic or single purpose
machines or equivalent;
use of selected hand tools;
keeping of simple records;
use of hand trolleys and pallet trucks;
assistance in the provision of on-the-job training;
routine repetitive tasks;
basic customer service and liaison;
maintenance of sanitation/hygiene of work area;
awareness of hygiene and importance of microbiological
containment;
basic keyboard skills
Baking Industry
(State) Conciliation Committee
Industries and
Callings
Bread salespersons and all persons engaged in or in connection
with the selling and/or delivery of bread or bread rolls or baked goods
(including persons so engaged who are deemed to be employees pursuant to
subclause (e) of Schedule 1 of the Industrial Relations Act 1991), breadroom
hands, and all persons employed in bakeries in or in connection with the
slicing and/or wrapping of bread, loaders, grooms, stablepersons and
yardpersons, employed in connection therewith in the State, excluding the
County of Yancowinna; and
Machine and hand bakers and assistants in the State,
excluding the County of Yancowinna; excepting -
Engine drivers and firepersons, greasers, trimmers, cleaners
and pumpers engaged in and about the driving of engines, and electrical crane,
winch and motor drivers.
P. J. SAMS D.P.
____________________
Printed by
the authority of the Industrial Registrar.