BARTTER ENTERPRISES STEGGLES FOODS PRODUCTS PTY LIMITED BERESFIELD SITE
OPERATIONS AMIEU INTEGRATED AWARD 2005-2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australasian
Meat Industry Employees' Union, Newcastle and Northern Branch, industrial
organisation of employees.
(No. IRC 5806 of 2005)
Before The Honourable
Mr Deputy President Harrison
|
22 November 2005
|
AWARD
Clause No. Subject Matter
8. Allowance
Increase
45. Amenities
26. Annual
Leave
27. Annual
Leave Loading
52. Appointed
Positions
33. Compassionate
Leave
48. Competency
Based Training
38. Continuity
of Operations and Disputes and Grievance Procedure
9. Contract
of Employment -All Employees
12. Contract of
Employment - Casual
10. Contract
of Employment -Full Time
11. Contract
of Employment -Part Time
14. Contractors
7. Development
of Further Agreements
3. Duration
32. Family
Leave
31. Family
Responsibility
36. Jury
Service Leave
13. Labour
Hire
28. Long Service
Leave
21. Meal
Breaks and Rest Periods
5. Objective
15. Ordinary
Days of Work
16. Ordinary
Hours of Work
19. Ordinary
Hours Rosters - Day Work
20. Overtime
35. Parental
Leave
46. Payment of
Wages
43. Personal
Protective Equipment & Clothing
24. Public
Holidays
39. Recognition
of AMIEU
56. Renewal of
Agreement & No Extra Claims Commitment
54. Right of
Entry
18. Rostered
Days Off
42. Salary
Sacrifice Superannuation Contributions
22. Saturday
Work
2. Scope of
Award & Parties Bound
25. Shift Work
29. Sick Leave
30. Sick Leave
Management
40. Single
Bargaining Unit
51. Skills
Development
17. Span of
Ordinary Hours
23. Sunday
Work
41. Superannuation
4. Supersession
1. Title
44. Tools
& Equipment
47. Training
50. Training
Consultation
55. Transmission
of Business
53. Travel
Time
37. Union
Representatives’ Leave
34. Unpaid
Leave
6. Wage
Increases
49. Workplace
Trainers and Assessors
Annexure 1 -
Classification Structure & Wage Rates/Allowances
Annexure 2 - Safety
Policy
Annexure 3 - Drug
& Alcohol Policy
Annexure 4 -
Disciplinary Policy & Procedures
Annexure 5 -
Redundancy Provisions
Annexure 6 - Record
of Salary Sacrifice Contribution Arrangements
Annexure 7- Employees
with November Sick Leave Anniversary
Annexure 8 - Unions
Delegates’ Code of Conduct
Annexure 9 - Load Out
Operations
1. Title
This award shall be known as the Bartter Enterprises
Steggles Foods Products Pty Limited Beresfield Site Operations AMIEU Integrated
Award 2005-2008 ("this award").
2. Scope of Award and
Parties Bound
This award is made in relation to Bartter Enterprises and
Steggles Foods Products Pty Limited ("the company") and the
Australasian Meat Industry Employees’ Union - Newcastle and Northern Branch
("the union"). This award is made in relation to employees of the
company employed at the company’s Beresfield site ("the site");
engaged in the production, storage and distribution of fresh and frozen chicken
and turkey products, including value added and cooked products; and activities
incidental thereto and consistent with the Industries and Callings powers of
the Poulterers (State) Conciliation Committee.
3. Duration
This award will come into effect from the first pay period
to commence on and from 22 November 2005.
The nominal term of this award expires on 30 June 2008. In the event that the award is not renewed,
this award will remain in force.
This award rescinds and replaces the Bartter Enterprises Steggles Foods Products Pty
Limited Beresfield Site Operations AMIEU Integrated Award 2002 - 2005 published
28 March 2003 (338 I.G. 972)
4. Supersession
This award is the sole source of all employment conditions
for employees engaged at the site who are members or eligible to be members of
the union. Any and all previous awards and any previous agreements whether
registered or not, including any oral agreements are superseded by this award.
5. Objective
The company recognises the effort of all employees
throughout the period of the last agreement and significant improvements have
been realised. With strong market
competition northern NSW needs to be even more focussed on business
improvement. Through continued consultation and participation by all parties,
the objectives of this agreement are:
(a) Continuous
improvement in quality of products and customer service
(b) A work
environment where people can contribute to the progress of the business
(c) A commitment
to employee training and development.
(d) Continued
support of safety initiatives
(e) Introduction
and maintenance of world class practices in all activities of our business.
6. Wage Increases
Wages and salaries for all employees will be increased by
4%, with effect from the first full pay period to commence on or after 1 July
2005.
With effect from the first full pay period to commence on or
after 1 July 2006, all purpose rates will be increased by 4%.
With effect from the first full pay period to commence on or
after 1 July 2007, all purpose rates will be increased by 4%.
7. Development of
Further Agreements
During the term of this Agreement, the Company and the Union
may agree to develop agreements that apply to particular parts of the Company’s
operations. These may include annualised salary agreements, provided that the
principles of the 1998-2000 Basis of Settlement to apply. Including the
requirement that the introduction of annualised salary agreements must be by
consent between the Company and the Unions. Any such agreements must be by
amendment or addition to the current agreements ratified by the IRC. The
"Company" includes the businesses of Bartter Enterprises and Steggles
Foods Products Pty Limited.
8. Allowances
Increases
Other than for shift allowance, all allowances will be
increased by the quantum of this agreement. As per the "no extra
claims" clause of the 1998-2000 agreement there will be no retrospective
increases.
9. Contract of
Employment - All Employees
(a) Employment
will commence by the provision of an offer letter, which makes reference to
this award as the source of conditions applicable to the employee.
(b) Employees
shall commence employment on 3 months’ probation. During the probationary
period, the employee or the company may terminate employment at any time. For
the purposes of this sub-clause, the probationary period will commence on and
from the employee's engagement on the site, whether as an employee of the
company or as an employee of a labour hire provider (as defined at Clause 13)
(c) The employee
may terminate employment by the provision of one week’s written notice; or by
the forfeiture of an amount equal to the ordinary time earnings for the period
where notice was not properly provided. The company may elect to pay out some
or all of an employee’s notice.
(d) Employment may
be terminated by the company pursuant to the Disciplinary Policy and Procedures
(Annexure 4) or on the grounds of redundancy (Annexure 5).
(e) An employee
who does not attend for duty as rostered shall not be paid for the period of
absence unless in accordance with the leave provisions of this award.
(f) An employee
who is absent from duty for more than 3 days without notification pursuant to
any leave provision of this award shall be deemed to have abandoned employment
on the last day of duty. If the employee is able to satisfy the company that
the failure to attend work and the failure to notify the company of that
inability was due to genuine circumstances, then the employment will not be
deemed to have been abandoned. The
company will take steps to advise the employee in writing of any intention to
proceed with a termination due to abandonment of employment.
(g) In the event
of a failure or shortage of utilities services (i.e. power, water etc), the company
may deduct wages from employees if they are not required to remain on site and
available for work; subject to the following:
(i) where an
employee cannot be provided with work from the rostered starting time, the
employee shall be entitled to 2 hours’ pay.
(ii) where an
employee has commenced normal work, the employee shall be provided with 4
hours’ work or paid for 4 hours’ work.
(iii) where an
employee is contacted prior to the commencement of their shift and prior to
leaving their place of residence the employee will not be entitled to payment.
(h) The company
may deduct wages for any day where employees cannot be usefully engaged because
of any mechanical breakdown or strike.
10. Contract of
Employment - Full Time
A full time employee is one who is to be provided with not
less than an average of 38 ordinary hours’ work per week.
11. Contract of
Employment - Part Time
(a) The company
may employ part-time employees.
(b) Part-time
employees shall have a minimum start per occasion of three continuous hours
other than as provided at sub-clause 11(c).
(c) A part-time
employee may have a minimum start of two continuous hours, on two or more days
per week, provided that:
(i) a two hour
start is sought by the employee to suit their personal circumstances. Details
of the employee’s circumstances shall be recorded on file, and a copy provided
to the union; or
(ii) the employee
resides within 5 kilometres from the site.
(d) The average
maximum number of ordinary hours worked per week must not exceed 38.
(e) Part-time
employees will receive the same ordinary hourly rate as paid to full-time
employees of the same classification.
(f) If a
part-time employee agrees to work additional hours in addition to those specified
as minimum hours, those additional hours will be paid at the same rate as paid
to full-time employees of the same classification. No penalty payments are made
unless and until the hours worked by the part time employee fall outside the
ordinary full-time hours applicable to full-time employees.
(g) By consent, a
part-time employee may have their "fixed" hours and days varied,
provided that they are consistent with the provisions of this clause.
(h) By consent, a
full time employee may become a part time employee provided their hours are
consistent with the provisions of this clause.
(i) All part time
employees will be entitled to all benefits and conditions as for full-time
employees, provided that such benefits and conditions will apply on a pro-rata
basis.
(j) An employee
who was engaged as a part time employee prior to 27 June 1995 will not be
required to work a lesser number of days than their current minimum entitlement
without their consent.
12. Contract of
Employment - Casual
(a) The company
may employ casual employees.
(b) A casual
employee is employed on an hourly basis, and has no reasonable expectation of
regular work.
(c) A casual
employee will receive a loading of 21% on all ordinary hours worked in lieu of
all leave and public holiday entitlements other than Long Service Leave.
(d) The proportion
of casual employees will not exceed 20% of the site’s weekly paid employees.
13. Labour Hire
(a) The company
may use labour that is employed by another commercial entity which contracts
with the company to provide labour ("labour hire"); provided that the
company consults with the union prior to appointing labour hire providers.
(b) Subject to
satisfactory performance, employees of labour hire providers who are engaged on
the site will transfer to the company’s employment no later than 8 weeks after
their commencement on the site; unless the employee is part of the casual pool.
(c) Labour hire
providers will be contractually bound to apply the wages and allowances
provided by this award.
14. Contractors
The companies will manage their operations in the most
efficient and cost effective manner possible. From time to time, this will mean
that contractors will be engaged either permanently or on an ad hoc basis. Generally
contractors will be utilised in situations where:
(a) the skills,
equipment or management resources are not available in-house eg; plumbers;
(b) the work
concerned arises infrequently;
(c) contractors
are able to perform the work at significant cost-advantages;
(d) employees are
incapable of carrying out the work in question;
(e) the work is
related to a specific piece of equipment which is covered by a service contract
or warranty arrangement; or
(f) there are
short term significant increases in workload which cannot be reasonably covered
by in-house personnel.
Where the companies intend to transfer significant work
from employees to contractors, it will consult with employees and the relevant
union prior to engaging contractors, unless the work is urgent, and such
consultation is not feasible. In this context, "significant" means
that the work concerned is likely to result in reductions in the companies’
workforce. Where there is disagreement as to the use or proposed use of contractors,
the matter shall be resolved pursuant to the disputes procedure.
15. Ordinary Days of
Work
(a) The ordinary
days of work shall be any 5 days Monday to Saturday inclusive, provided that
employees who were employed prior to 15 June 1990 shall not be required to work
ordinary time on Saturdays without their consent.
(b) Where a 12
hour shift is in operation in accordance with sub-clause 17(c) the ordinary
days of work shall be any 3 or 4 days Monday to Sunday inclusive.
16. Ordinary Hours of
Work
(a) A full time
employee’s ordinary hours of work shall be an average of 38.
(b) The ordinary
hours of work may be rostered in any of the following patterns:
(i) 5 equal days
per week:
(ii) 9 equal days
per fortnight;
(iii) 19 equal days
in a 20 day period;
(iv) 4 equal days
and 1 short day per week;
(v) 4 equal days
per week;
(vi) 3 equal days
over 5 weeks and 4 equal days in the 6th week;
(vii) 304 hours over
any 56 day period; or
(viii) any other
agreed method of implementation which may include an accrual system for a
rostered day off to a pattern determined by the company, with up to 5 days of
accrual.
(c) Different
patterns of hours may apply to different areas or sections of employees.
(d) Changes to
ordinary hours rosters shall be introduced by consultation with the employees
concerned through the accredited union delegate. Where agreement cannot be
reached, the matter will be resolved in accordance with the Continuity of
Operations and Disputes and Grievance Procedure.
(e) Time worked
before the commencement or after the cessation of ordinary hours shall be paid
for at overtime rates but may be counted as ordinary hours by agreement.
17. Span of Ordinary
Hours
(a) Where
employees are rostered on 5 days of 7 hours and 36 minutes each, the span of
ordinary hours shall be from 0500 to 1700. Provided that where a ‘Rostered Day
Off’ accrual system is in place, 8 ordinary hours shall be worked each day.
(b) Where
employees are rostered on 4 consecutive days of 9 hours and 30 minutes each; or
4 consecutive days of 8 hours and 27 minutes each; or 5 days of 8 hours and 27
minutes each; the span of ordinary hours shall be from 0500 to 1930.
(c) Where
employees are rostered on 3 days of 12 hours over 5 weeks and 4 days of 12
hours in the 6th week; the span of ordinary hours shall be from 0500 to 2000. A
twelve hour shift may not be introduced other than by agreement with the union
or by a determination of the Industrial Relations Commission of NSW.
(d) By agreement
between the company and the union, the starting time of ordinary hours may be
brought forward to 0430 during gazetted periods of daylight saving.
18. Rostered Days Off
(a) This clause
applies where, in accordance with sub-clauses 16(b)(viii), 16(c), 16(d), 17(a),
17(b) and 17 (c) the company is operating a system of Rostered Day Off
("RDO") accruals.
(b) Where,
pursuant to subclause 16(b) (viii) and subclause 17(a), employees are rostered
to work 8 ordinary hours per day over a 19 day month, the last 24 minutes of
each ordinary day shall be accrued and shall fall due on the 20th day as an
RDO. Variations to this principle may occur to suit different spans of ordinary
hours in accordance with clause 12. For the purposes of this sub-clause,
"ordinary day" includes paid public holidays, paid sick leave, paid
compassionate leave and paid jury leave; but excludes time off on workers’
compensation or unpaid leave.
(c) The company
will provide a roster of RDO's showing when employees are due to take an RDO.
Wherever possible but subject to operational requirements, the company will
roster RDO's to maximise the number that fall on Fridays and Mondays. The
company may elect to reschedule any RDO's that might otherwise fall in any
short week by the provision of 28 days’ notice of variation.
(d) By agreement
between the company and the employee, up to 5 RDO's may be banked. Other than
with the company's consent, RDO's may only be banked during periods of peak
production including Christmas and Easter. Banked RDO's may be taken at any
time by agreement between the company and the employee. An employee is required
to give not less than 72 hours’ notice of an intention to take a banked RDO
other than with the consent of the company.
Banked RDO's do not attract the payment of any loading or penalty.
(e) By agreement
between the employee and the Company, the employee may elect payment for
accrued RDO's at a time that is beneficial to the employee.
(f) By agreement
employee may bank up to five (5) RDO and take them as a block in periods of low
production.
(g) An employee
may arrange to swap an RDO with another employee with comparable skills by
agreement with the company.
(h) By agreement
and on termination of employment, employees shall have accrued RDO entitlements
paid out.
(i) An employee
who is on an RDO which coincides with a stand down period or any other unpaid
day shall not have any pay deducted for that day.
(j) Where shift
workers are working to a roster which provides for RDO's, their accrual for
RDO's includes any applicable shift loading.
(k) Allowances
which accrue on the basis of days worked shall not be included for the purpose
of RDO accruals and payments.
(l) Allowances
which accrue on the basis of hours worked shall be included for the purpose of
RDO accruals and payments.
(m) Employees
engaged as part time employees on the Primary Processing Plant night shift who
are rostered to work on 5 nights' ordinary hours each week will continue to be
entitled to an RDO.
(n) Other than as
provided at sub-clause 18(m), no part time employee is entitled to work a
roster which provides for RDO's.
(o) If an RDO
falls on a public holiday the employee may elect payment of RDO instead of
being rostered off on another day.
19. Ordinary Hours
Rostered - Daywork
(a) An employee
will be provided with details of their ordinary hours roster, including
starting and finishing times.
(b) Starting and
finishing times may be varied by the company by agreement or by the provision of 48 hours’ notice.
20. Overtime
(a) All time
worked in excess of ordinary hours shall be paid for at the rate of time and
one half for the first 2 hours and double time thereafter.
(b) An employee
who has worked overtime for more than one and a half hours after his normal
finishing time (and who was not notified of the requirement to work overtime no
later than the previous day) shall be paid a meal allowance or provided with a
meal.
(c) Where an
employee who was notified of the requirement to work overtime no later than the
previous day is advised that the overtime is not required; and has provided a
meal for themselves, that employee will be paid a meal allowance.
(d) Where an
employee is required to work overtime for more than one and a half hours after
their normal finishing time, that employee shall be entitled to a break of 20
minutes prior to commencing overtime, or at a time agreed with the
company. This break will be paid for at
the rate of time and one half.
(e) Where an
employee who has left the site is recalled to work overtime that employee shall
be paid a minimum of 4 hours at double time, provided that the employee
presents for work at the time requested.
(f) Employees
shall work reasonable overtime to meet the needs of the site and overtime will not
be unreasonably refused, provided that each section can be staffed and the
scheduled kill is not processed or packed off. Where overtime is required to
prevent issues of food safety and animal welfare the Company and the Union
shall reach agreement through consultation. In the event of a dispute in
relation to overtime of this nature the Disputes procedure shall apply.
(g) Each day shall
stand alone in the calculation of overtime entitlements.
(h) An employee
shall be entitled to not less than 8 consecutive hours off duty between the
completion of overtime and the commencement of work on the subsequent day.
Where the company requires an employee to resume work without a break of 8
consecutive hours, the employee shall be paid at the rate of double time until
such time as 8 consecutive hours off duty is completed.
(i) The Company
and the Union are committed throughout the life of this Award to addressing the
problems associated with commitment to overtime.
21. Meal Breaks and
Rest Periods
(a) All full time
employees other than shift workers shall be entitled to an unpaid lunch break
of not less than 30 minutes and not more than 60 minutes. The lunch break shall be rostered not more
than 5 hours after the employee’s rostered starting time.
(b) All full time
employees other than shift workers shall be entitled to a 15 minute paid rest
period in the forenoon and a 15 minute paid rest period in the afternoon. The time of the rest periods shall be agreed
between the employee and the company. The 15 minutes is calculated from the
time of ceasing work until the time of resuming work.
(c) The company
and the union may agree to apply alternative arrangements than those specified
in sub-clauses (a) and (b) above.
22. Saturday Work
(a) Ordinary time
work on Saturday will attract a loading of 50% on the ordinary time rate of
pay.
(b) Employees
required to work overtime on Saturday will be paid for a minimum of 4 hours
overtime, provided that the employee presents for work at the time requested.
23. Sunday Work
(a) Ordinary time
work on Sunday will attract a loading of 75% on the ordinary time rate of pay.
(b) All overtime
worked on Sunday shall be paid at double time, with a minimum payment as for 4
hours unless the overtime is continuous with rostered ordinary time.
24. Public Holidays
(a) Full time
employees are entitled to the following public holidays without deduction of
ordinary pay:
New Year’s Day;
Australia Day;
Good Friday;
Easter Monday;
Anzac Day;
Queen’s Birthday;
Labour Day;
Christmas Day;
Boxing Day;
Union Picnic Day; and
any day proclaimed as a holiday for the State of New
South Wales.
Subject to the site's operational requirements, the
company shall seek to schedule Union Picnic Day amongst all AMIEU members so
that the allocated day falls on a Friday or Monday.
The Picnic Day of the Union (AMIEU) is recognised by
the Company for financial members of that Union.
(b) Where an
employee is in receipt of workers' compensation payments, their entitlement to
payment under this clause will be limited such that the total payment received
by the employee does not exceed 1 day's ordinary time earnings.
(c) Where an
employee is required to work on a public holiday, a loading of 200% will be
applied to all time worked: day that is
a total of triple time for the day with a minimum payment as for 4 hours’ work.
(d) With agreement
between the employee and the company, an employee who works a public holiday
may elect to take payment for working as double time payment and a day off in lieu.
The day off in lieu must be taken with least disruption to operational
efficiency and must be agreed with the company.
(e) If it is a
customer requirement for work to be scheduled over public holidays, in the
first instance the company will call for volunteers to work.
The Company will ask for sufficient numbers of
volunteers to work on Public Holidays where production is necessary to meet the
needs of the customer. Where sufficient numbers have not been met to meet customer
requirements, the Company shall reserve the right to require employees to work
on any three public holidays in a year other than Christmas Day, Good Friday,
Anzac Day and New Years Day, provided that not less than twenty-one (21) days
notice is provided to the employees concerned. In the first instance volunteers
will be called to work and then employees will be required in reverse seniority
i.e. most recently employed would be required to work first.
(f) Part time
employees will be entitled to payment for the public holidays as provided at
sub-clause 24(a) on proportionate basis in 11(i). Where a full time employee
transfers to part time employment, they may receive payment for public holidays
prior to accruing sufficient hours for payment, provided that the
"debit" is equal to not more than 6 months' service; and that upon
termination of employment, the company may deduct any hours owing from other
leave entitlements.
25. Shift Work
(a) An ‘Afternoon
Shift’ is any shift where rostered ordinary hours finish after the completion
of day work hours; that is after 1700 (sub-clause 17(a)), 1930 (sub-clause
17(b)), or 2000 (sub-clause 17(c)); but before midnight. A loading of 15% will
apply to all afternoon shift work.
(b) A ‘Night
Shift’ is any shift where rostered ordinary hours finish at or after midnight
and before 0800. A loading of 30% will apply to all night shift work.
(c) An ‘Early
Morning Shift’ is any shift where rostered ordinary hours commence after 0300
and before 0500 (or before 0430 where ordinary day work hours are commencing at
0430 due to daylight saving time in accordance with sub-clause 17(d)). A
loading of 15% will apply to all Early Morning Shift work that commences before
0400. A loading of 10% will apply to all Early Morning Shift work that
commences before 0500 (or before 0430 where ordinary day work hours are
commencing at 0430 due to daylight saving time in accordance with sub-clause
17(d)).
(d) Shift loadings
are payable on the weekly rate for all work performed, and for paid sick leave
and for paid public holidays, unless the public holiday falls within a period
of annual leave.
(e) An employee
who works Night Shift will be paid the Night Shift Loading whilst on annual
leave. Such employees will not have an entitlement to the annual leave loading.
(f) The company
will provide employees 7 days’ written notice of any intention to work shift
work or any variation to shift rosters. Shift rosters may be varied with less
than 7 days’ notice by agreement between the company and the employee or union
delegate.
(g) Shift rosters
will specify commencing and finishing times of ordinary working hours for all
shifts.
(h) Full time
shiftworkers shall be allowed a paid meal break of 20 minutes at a time or
times to be agreed between the company and the union.
(i) Full time
shift workers shall be allowed two paid breaks of 15 minutes each in addition
to the meal break provided at sub-clause (h). The time or times of those breaks
are to be agreed between the company and the union. The 15 minutes is
calculated from the time of ceasing work until the time of resuming work.
(j) Employees who
work on rotating shift rosters may elect to have their shift loadings averaged
and paid accordingly.
26. Annual Leave
(a) Annual leave entitlements
will apply in accordance with the Annual Holidays Act 1944 (as amended) with
the following additional provisions:
(i) Annual leave
may be taken in blocks of 5 or more days.
(ii) On reasonable
grounds and by agreement with the company, annual leave may be taken as single
days.
(iii) Employees may
elect to accrue annual leave for up to 2 years provided that the following
conditions are met:
the employee must seek the approval of the company once
20 days’ annual leave is accrued;
employees’ applications will be assessed on merit and
against the site’s operating requirements;
leave accrued pursuant to this sub-clause may not be
automatically granted in periods of peak production; and
leave accrued pursuant to this sub-clause will be paid
for at the rates applicable at the time the leave was accrued.
(b) An employee
who is seriously ill or injured for five (5) days to a maximum of ten (10)
during annual leave will be given the opportunity to claim sick leave for this
period of illness and have their annual leave re-credited, upon the employee
producing a certificate from a registered medical practitioner confirming the
period and nature of illness/injury provided that that the illness/injury was
so serious that the employee would not have been able to perform their normal
duties.
A serious illness/injury shall include but is not
limited to; a period of hospitalisation, a broken limb, being bed ridden which
is confirmed by medical evidence.
Annual leave loading, for the period of illness/injury,
can be dealt with in either the following:
(i) repaid to the
Company, or
(ii) the employee
keeps their leave loading but does not receive an additional leave loading when
they take their re-credited annual leave at a later date.
27. Annual Leave
Loading
(a) All employees
other than night shift workers will receive a loading of 20% on any period of
annual leave.
(b) The loading
will be calculated on the applicable weekly rate of pay excluding any shift
loadings, penalty rates or any other allowance.
(c) Night shift
workers will receive their shift loading for any period of annual leave in lieu
of the annual leave loading (refer sub-clause 25(e)).
(d) Upon
termination of employment, annual leave loading will be paid on all accrued
annual leave.
28. Long Service
Leave
Long Service Leave entitlements will apply in accordance
with the Long Service Leave Act 1955 (as amended) with the following additional
provisions:
Accrued long service leave may be taken in any multiple of 1
week.
29. Sick Leave
(a) On
commencement of employment, full time employees will be entitled to 3.16 hours'
sick leave for each completed month's service.
(b) Other than as
provided at sub-clause (c) below; employees will be credited with 76 hours'
sick leave on the first and subsequent anniversary dates of commencement as a
full time employee.
(c) Those
employees who are named at Annexure 7 will be credited with 76 hours' sick
leave on 30 November each year.
(d) Where a full
time employee has previous continuous service as a casual employee for not less
than 12 months, that employee will be credited with 38 hours' sick leave upon
commencement of full time employment.
(e) Where a full
time employee has previous continuous service as a casual employee for not less
than 24 months, that employee will be credited with 76 hours' sick leave upon
commencement of full time employment
(f) Employees are
required to notify the company of any absence due to sickness prior to the
commencement of rostered work, unless it is impractical to do so. Employees'
notification shall be made according to the procedure specified by the company.
This procedure may be varied from time to time.
(g) Employees are
required to provide medical certificates to the Company if sick leave is
claimed immediately before or after any leave, RDO or other paid leave day or
Public Holiday or forfeit that day’s payments.
(h) Employees are
required to provide medical certificates to the company if sick leave is claimed
for an absence of 2 or more consecutive days; or if sick leave is claimed for
an absence of 1 day where the employee has had more than 3 single day sick
leave absences in any 12 month period.
Any employee who has in excess of 10 days sick leave accrued
will not be required to produce a medical certificate unless the absence
exceeds 3 days.
(i) The company
has the right to interview any employee who has claimed sick leave for the
purpose of ascertaining whether or not the employee has in fact been sick and
to estimate the duration of that sickness. Where the Company Medical Officer is
so requested by the company, the employee may be the subject of a medical
examination. Any employee who
unreasonably refuses the interview or examination shall not be entitled to paid
sick leave in respect of the absence.
The company will not exercise this right unless it has
reasonable grounds, and will in any case advise the union of its intention
before exercising it.
(j) Sick leave
accrues without limitation until the termination of employment, however there
is no payment of accrued sick leave upon termination.
(k) Employees who
have taken sick leave immediately before the end of the pay period will have
the absence paid as sick leave (provided that they have accrued sufficient sick
leave) without the PRC being completed. In the event that the PRC and
associated certificates are not produced or the application is otherwise
unsatisfactory, the pre-paid sick leave will be deducted from the employee’s
next pay.
(l) Employees
whom continually or fail to provide adequate notice or do not provide
reasonable explanation for a failure to notify, will be subject to disciplinary
action in accordance with the Disciplinary process.
(m) If an employee
presents a backdated medical certificate payment will only be made if the
Medical Practitioner indicates in writing that the employee had attempted to
gain an appointment on the first date shown as an absence.
30. Sick Leave
Management
Where an employee has:
(a) been absent from
duty is a manner which is systematic or exhibits a pattern;
(b) has exceeded
their annual sick leave entitlement without due cause or authorisation
(c) has failed to
produce satisfactory evidence as per sub clause 29(g) and 29(h)
The employee will be subject to disciplinary action as
per the Company's Disciplinary policy and procedure.
The Company and the Union agrees that absenteeism is an area
that requires significant improvement and are committed throughout the life of this
Award to addressing Absenteeism possibly by way of self funding
incentives. Absenteeism will continue
to measured, and the parties will work together to attempt to develop an
absenteeism improvement system.
The Company and the Union agree to investigate:
(a) Appropriate
definitions and performance indicators for absenteeism;
(b) A review of
internal and external best practice;
(c) Salary
continuance and income protection plans;
(d) The
availability and benefits of site wide health insurance, separately or linked
to a salary continuance plan; and
(e) Set targets
for improvement in absenteeism performance
31. Family
Responsibility
The Company recognises the need for employees to balance
work and family commitments. Within business requirements, every effort will be
made to provide conditions of employment that are family friendly.
The Company’s commitment to a family friendly workplace will
also include consultation with employees and their union before the
implementation of any changes to hours and conditions of employment.
32. Family Leave
(a) An employee
may utilise their accrued sick leave for the purposes of caring for a family
member who requires personal care due to illness or injury.
(b) For the
purposes of this clause, "family member" includes but is not limited
to husband and wife (including de facto and same sex spouse), father, mother,
stepfather, stepmother, child, stepchild, brother, sister, or other relative of
the employee or the employee’s spouse who is living in the same household.
(c) Employees are
required to notify the company of any absence due to family leave prior to the
commencement of rostered work, unless it is impossible to do so.
(d) The company may
require evidence of the employee’s family member’s illness in the form of a
medical certificate.
(e) Employees may
elect to take time off in lieu of payment for overtime in order to care for a
family member pursuant to sub-clauses (a) and (b) above. The employee will
accrue time off on the basis of one hour’s paid family leave for each overtime
hour worked. If the employee is
terminated and has an accrual of time in lieu of overtime pursuant to this
sub-clause, it will be paid out on the basis of one and one half hour’s pay for
each overtime hour accrued.
33. Compassionate
Leave
(a) An employee
will be entitled to take compassionate leave on each occasion and on the
production of satisfactory evidence of the death of near relatives.
(b) For the purposes
of this clause, "near relatives" include, but are not limited to
husband and wife (including de facto and same sex spouse), father, mother,
stepfather, stepmother, child, stepchild, brother, sister, parent-in-law,
brother/sister-in-law, grandparents and grandchildren. Each situation will be
assessed on its merits, and the relationship of the employee to the deceased
will be the principal consideration in determining the amount of leave granted,
which will vary from 1 to 5 days.
(c) An employee
will not be entitled to compassionate leave if the leave coincides with any
other type of paid leave.
34. Unpaid Leave
(a) Full time
employees may apply for unpaid leave for any purpose provided that they may not
seek or be engaged in employment during an unpaid leave period.
(b) Unpaid leave
will be granted in situations where the employee is required to take extended
time off work to cope with a personal or family matter. The company may require
evidence of the reason for the leave.
(c) Unpaid leave
will be granted in circumstances when all other accrued leave has been
exhausted, with the exception of Long Service Leave. If an employee is absent
for a period greater than three (3) months and it is a reasonable expectation
that they will not return to work in the near future, the Company may terminate
the his/her employment.
(d) Employees
proceeding on unpaid leave may elect to pre-pay their superannuation death and
TPD insurance for the duration of the unpaid leave.
35. Parental Leave
The Parental Leave provisions of the Industrial Relations
Act 1996 (NSW) will apply to employees engaged under this Award. Qualifying employees will be entitled to
extend the period of unpaid Maternity Leave of 52 weeks to a total period of 78
weeks under the following arrangements:
Employees can access all outstanding Annual and Long Service
Leave entitlements (including pro-rata Annual Leave up to the date of
commencement of leave) immediately prior to or after the 52 weeks, special
unpaid leave can be taken by agreement to extend the period to a maximum of 78
weeks.
The Company will not unreasonably refuse requests for
Special Unpaid Leave.
The company commits to consider carefully all requests from
people returning from Maternity leave to work part time.
If an employee experiences medical difficulties during their
pregnancy upon producing medical documentation the Company will consider
whether the following situation can be accommodated:
(a) the employee
may work part time for a temporary period of time until the problem is
overcome.
(b) the employee
may be transferred to another job or work area. This temporary transfer must be
as close as possible in status and wage rate to the present position.
If either of these options are impractical then the
Company will advise you as to what leave is available (i.e. sick leave, annual
leave, long service leave, leave without pay or maternity leave pursuant to NSW
Industrial Relations Act 1996).
36. Jury Service
Leave
(a) A full time
employee who is required to attend jury duty will receive payment for the
period of the jury service. The payment will be calculated as the difference
between the payments due in respect of the employee’s normal rostered hours and
any payments received as a result of the jury service.
(b) Employees are
required to advise the company as soon as the request to attend for jury
service is received by the employee.
(c) The company
may require proof of attendance and details of the amounts received for jury
service.
37. Union Representatives’
Leave
(a) For the
purpose of this clause, "union representative" means an employee who
is an accredited delegate of the union, or an employee who has been duly
elected to represent one or more areas or shifts on the site as a member of the
United Workers’ Committee.
(b) A union
representative is entitled to reasonable time off work without deduction of
normal pay for the purpose of carrying out their functions. This includes, but
is not limited to;
attending hearings and conferences in industrial
tribunals;
representing employees in resolving grievances;
attending meetings with the company
attending COM meetings;
attending monthly Works Committee meetings, provided
that the company's exposure is limited to 1 hour; and
investigating employee grievances.
Provided that every effort is made to ensure that these
absences do not unreasonably affect the operational efficiency of the site.
(c) Union
representatives are entitled to take leave without deduction of normal pay for
the purpose of attending union training seminars and courses. The maximum
number of paid days available to all union representatives in any calendar year
will be 15.
(d) All
applications for leave pursuant to this clause should be made in writing as
soon as practicable, but in any case not less than 48 hours prior to the leave
being taken.
38. Continuity of
Operations and Disputes and Grievance Procedure
In the event that any grievance or dispute arises every
effort will be made to resolve the issue at the local level. The parties are
committed to speedy resolution of the issue in accordance with this procedure:
(a) the grievance
or dispute should be raised by the employee or employees with their immediate
manager, who will respond within two working days, unless there are reasonable
circumstances preventing a response in that time;
(b) if the
grievance or dispute is unresolved, the AMIEU delegate or AMIEU official will
raise the issue with the Operations Manager (or his nominee) who will respond
within two working days, unless there are reasonable circumstances preventing a
response in that time;
(c) if the
grievance or dispute remains unresolved the Secretary of the AMIEU will meet
with the company’s State Human Resources Manager to review the matter and
determine its future course to resolution;
(d) if the
grievance or dispute remains unresolved, the AMIEU may elect to refer the
matter to the Bartter Enterprises Single Bargaining Unit (SBU). The SBU shall convene
a meeting of officials, appropriate delegates and senior management as soon as
possible. The SBU meeting will attempt to resolve the issue and/or determine an
appropriate procedure for resolution of the dispute;
(e) if the
grievance or dispute remains unresolved it is to be notified to the Industrial
Relations Commission of NSW for conciliation, and arbitration if necessary. The
Commission’s decision will be final.
(f) If the
dispute concerns the dismissal of an employee for disciplinary reasons, at the
AMIEU’s request the company will revoke the dismissal and suspend the employee
without loss of normal pay while the matter is discussed under this clause. The
employee will remain suspended for the duration of the process outlined above.
(g) If the matter
is not resolved, the employee’s suspension will cease at the conclusion of
conciliation referred to in subclause (e) above and the dismissal will proceed,
without prejudice to the rights of the employee, the AMIEU or the company.
39. Recognition of AMIEU
The company recognises the union as the principal
representative body for employees at the Beresfield site. During the life of
the award, the company will:
(a) not employ any
employee under any terms and conditions other than as provided by this award;
(b) not employ any
relevant employee under an Australian Workplace Agreement;
(c) encourage
relevant employees to become and remain members of the union; including
introducing new employees to union delegates as part of the induction process,
providing membership application forms and facilitating direct payroll
deductions for union dues;
(d) provide a
dedicated noticeboard for the display of material approved by the union; and
(e) union
delegates will be provided with reasonable access to office facilities
including photocopiers, telephones and facsimile machines.
40. Single Bargaining
Unit
(a) The existing
Single Bargaining Unit arrangements, including representation and consultation
will remain in place. As previously agreed with the unions, the independent
profitability review will not be carried out in the future.
The SBU shall comprise:
5 x AMIEU delegates
|
1 x AMIEU official
|
1 x ETU delegate
|
1 x ETU official
|
1 x AMWU delegate
|
1 x AMWU official
|
2 x NUW delegates
|
1 x NUW official
|
1 x ASU delegate
|
1 x ASU official
|
5 x AWU delegates
|
1 x AWU official
|
2 x TWU delegates( Mill & Tenam )
|
1 x TWU official
|
1 x SAWEPA (VAN
DRIVERS)
|
1 x SAWEPA official
|
3 - 6 company representatives
|
|
Any changes to these numbers, replacements or
additional, to further enhance communication to our employees will be
considered by the company on a case by case basis.
(b) Union
delegates and co-delegates who are required to attend Single Bargaining Unit meetings
will be entitled to the following:
(i) No loss of
ordinary time earnings
(ii) In the case
of employees who are rostered off, single time for the duration of the meeting
and;
(iii) In the case of
employees who are rostered to work a night shift immediately prior or after the
Single Bargaining Unit meeting, the company will seek to reschedule their work
such that the employee has at least 8 hours off prior to the Single Bargaining
Unit meeting. If the employee’s work cannot be re-scheduled, the employee will
cease work 8 hours before the commencement of the Single Bargaining Unit
meeting without deduction of ordinary pay.
41. Superannuation
(a) The company
will make contributions to complying superannuation funds in accordance with
the applicable legislation.
(b) Current
employees’ deductions/contributions going into another Superannuation Fund
prior to this Award being signed will continue.
(c) All other
current employees and new employees covered by this Award will have a choice
two registered superannuation funds, the funds shall be:
(i) Colonial
First State
(ii) Meat Industry
Employees’ Superannuation Fund (MIESF)
42. Salary Sacrifice
Superannuation Contributions
(a) Objective
The objective of this clause is to enable employees to
make pre-tax contributions to complying superannuation funds through a salary
sacrifice arrangement.
(b) Superannuation
Guarantee Charge
The company will continue to make employer
contributions to nominated complying superannuation funds in accordance with
relevant superannuation guarantee legislation ("employer
contributions").
(c) Salary
Sacrifice Provisions
(i) An employee
may request that the company make additional contributions to the
superannuation fund to which, at the date this award is made, employer
contributions are being made on his or her behalf. These contributions are
distinct from and in addition to employer contributions as defined at
sub-clause (b). For the purposes of this clause, these additional contributions
will be known as "Salary Sacrifice Contributions".
(ii) All
arrangements for Salary Sacrifice Contributions are subject to the company’s
approval.
(iii) On each occasion
on which the company makes a salary sacrifice contribution, that employee’s
gross earnings shall be reduced by an amount equal to the salary sacrifice
contribution. For the purposes of this sub-clause "occasion" means
the calculation and processing of the payroll in accordance with the applicable
pay period.
(iv) No employee
may have Salary Sacrifice Contributions at a level in excess of 50% of their
pre-Salary Sacrifice Contribution gross weekly all-purpose rate of pay.
(v) Employees may
arrange to have Salary Sacrifice Contributions made at a set weekly dollar
amount; or as a percentage of earnings.
(vi) Other than in
pressing personal circumstances, an employee may not vary their Salary
Sacrifice Contributions more than 4 times per annum.
(d) Record of
Salary Sacrifice Contribution Arrangements
Where an employee elects to enter into a Salary
Sacrifice Contribution arrangement, the details of the arrangement will be
recorded and circulated in accordance with the form contained at Annexure 6 to
this award.
(e) Changes to
Applicable Law
In the event that the law governing taxation and
superannuation changes in such a way as to render the Objective of this clause
unattainable or ineffective or, in the opinion of the company,
inappropriate. The company and the
union will meet to discuss the matter; and may vary or terminate this clause as
they see fit.
(f) Resolution of
Disputes and Grievances
Where an employee wishes to raise a grievance in
relation to this clause or its operation, he or she shall contact the company’s
pay office. If the matter cannot be resolved, it shall be referred to the NSW
State Human Resources Manager or her nominee, and to the union.
Any grievance that cannot be resolved at the local
level shall be resolved in accordance with clause 38 of this award
43. Personal
Protective Equipment and Clothing
(a) All personal
protective equipment and clothing issued by the company remains the property of
the company and may not be removed from site, altered, damaged or modified by
any employee.
(b) The company
will replace all personal protective equipment and clothing on a ‘fair wear and
tear’ basis. Where an employee is unable to return an item of personal
protective equipment or clothing for replacement or upon termination of
employment, the value of that item may be deducted from wages due to that
employee.
(c) Each employee
will be provided with not less than three sets of suitable protective clothing
or aprons and suitable head coverings.
(d) Employees
required to work permanently in Freezers will be provided with freezer jackets
and overpants; gloves; and appropriate foot and head wear.
(e) Employees will
be provided with protective footwear suitable for the environments in which
they are required to work.
(f) The company
will be responsible for laundering and sanitising clothing.
44. Tools and
Equipment
The company shall supply all tools, knives, steels, pouches
and stones necessary for employees to carry out their duties.
45. Amenities
The company will provide the following amenities to
employees engaged at the site:
(a) male changing
facilities including hot/cold showers;
(b) female
changing facilities including hot/cold showers;
(c) lockers for
each employee, provided that the company has no liability for the security of
any item stored in a locker;
(d) a suitable
rest room for female staff;
(e) a lunch room including
the provision of boiling water, refrigerators and microwave ovens;
(f) clean
drinking water, coffee, tea, sugar and milk; and
(g) notice boards
accessible to employees.
46. Payment of Wages
(a) Wages shall be
processed weekly on a day fixed by the company. Under normal conditions,
employees' pays will be credited to bank accounts no later than midnight on
Wednesdays. The company will not be responsible for delays in payment due to
the EFT system.
(b) Wages will be
paid by electronic funds transfer to an account nominated by the employee.
(c) The company
may change the pay day and make estimates of employees’ prospective earnings in
order to overcome difficulties in processing the payroll due to public holidays
or other issues beyond its control.
(d) If an employee
is underpaid by a net amount equal to or greater than four hours pay, the
Company will ensure that the employee receives the entitled amount. Payment shall be by electronic transfer as
soon as possible, or if electronic transfer will mean that the employee will
not be able to access that money within twenty four hours, a cash payment will
be organised. If payment is late due to
external issues related to bank transfers and/or Agency failure that result in
total payroll or large sections being delayed, the Company will make all
efforts to deal with these issues as soon as possible. Consideration will be given to all claims.
47. Training
The company is committed to enhancing the skill of its
workforce through the provision of training. The principle objectives of
training are to improve efficiency and productivity and to provide employees
with opportunities for career development .
48. Competency Based
Training
The company is committed to development and implementation
of competency based training across the enterprise
Competency Based Training will not lead to an increase in
pay level. a new classification structure will not be developed throughout the
life of this agreement.
The competency based training initiative of our best
practice strategy intends to formalise on the job training, by:
(a) the
development of Standard Operating Procedures / Work Instructions
(b) the
development of appropriate assessment packages for the unbiased assessment of
all employees
(c) the training
and appointment of accredited workplace trainers and assessors to facilitate
such training and assessment.
49. Workplace
Trainers and Assessors
(a) The award
provision at Level 6 will determine the payment for Workplace Trainers and
Assessors
(b) Workplace
trainers and assessors who have attained recognised qualification by an
accredited provider of training.
(c) Such
employees, once appointed will be paid at level 6 of the AMIEU Integrated Award
(d) Unsuccessful
applicants will be advised in writing and invited to participate in the further
development of skills and provided with the opportunity to re-apply for future
vacancies.
50. Training
Consultation
The company commits to ensuring that adequate training
systems are in place and that all appointed trainers are involved in regular
meetings to ensure consistency and effectiveness. The ability remains to form a
Training Committee, chaired by the Training Coordinator and will include the
Chairperson of the Works Committee and appointed trainers. The aim of the committee would be to
participate in the development and improvement of training and systems in the
workplace.
51. Skills
Development.
The Company and the Union agree to consult regarding the
attainment of higher skills development and appropriate payment during the life
of the agreement.
52. Appointed
Positions
The position of Team Leaders, Leading Hands and Workplace
Trainers are appointed by the Company, people in these roles will be subjected
to an on-going, regular and fair performance management system designed to
assist in a better understanding of the responsibilities and accountabilities
of their roles. People in these roles who fail to meet satisfactory standards
of work performance, leadership, safety and quality standards will be removed
from the role. Upon being removed from the role of responsibility the employee
will accept the applicable wage of the position which they then perform.
53. Travel Time
When an employee is in the course of his/her employment is required,
other than in ordinary hours of work, to travel to a place other than their
usual place of employment they shall be paid:
(a) all reasonable
expenses actually incurred.
(b) ordinary time
rates for time occupied in travelling outside of ordinary working hours that is
excess of time normally occupied travelling from their place of residence to
place of work.
(c) For use of an
employee personal vehicle be paid 56 cents per kilometre.
54. Right of Entry
(a) The Companies
will provide "right of entry" to the Beresfield Site for the purposes
of servicing employees and workplace inspection. It is agreed that prior to arriving at site where possible the
union will contact the Company to notify of the visit. Union officials shall ensure that Company
regulations will be respected.
The Companies will induct all Union Officials as
visitors however they must be accompanied by a fully inducted person if they
leave the office areas.
Please note that customer and statutory authorities are
placing increasing pressure to have a fully controlled and secure site, as this
is achieved prior notice will be essential for anyone to gain access.
A delegates’ code of conduct is included in the
appendix section
55. Transmission of
Business
This clause shall cover the transmission of any section of
the current Beresfield Site covered by this Agreement to another party whether
by agreement or by operation of law.
(a) Definitions:
In this clause "another party" shall mean the
transmittee of the business and shall include a person, an employer, trading
corporation or other entity operating within industry.
(b) Transmission
of business or work:
i. Where the
company makes a definite decision to transmit some or all of the business covered
by the scope of this agreement to another party, the Company will notify the
employees who may be affected by the proposed changes and the Unions.
ii. As soon as
practicable after the decision has been made to transmit such business, and not
less than 4 weeks before the proposed transmission is to take place will advise
the affected employees and the relevant unions about the likely effects of its
decision on those employees.
iii. At the same
time as the discussions referred to in sub-clause (b) above, the parties shall
commence communication regarding the proposed transmission of business
including the following:
(1) the reasons
for the proposed transmission of business:
(2) any available
alternatives to such transmission of business;
(3) measures to
avoid or minimize the effects on the employees of the transmission of business
including the availability of alternative employment.
iv. If the Company
has determined to proceed with the transmission of business, then the Company
shall seek to:
(1) Make it a
condition of any contract that it enters into with another party with respect
to the transmission of business that if an employee transfers on transfer they
are to be offered wages and conditions equal to this Agreement.
or
(2) Provide an offer
of employment within the Company wages and conditions not inferior to those
currently received by the employee if such a position exists.
or
(3) By agreement,
provide a transfer to a position within the Company with conditions of
employment less than current conditions at which time the difference in
entitlements shall be paid out to the employee, if such a position exists.
(c) Ongoing
Employment:
Where the Company obtains alternative employment for
the employee or transfers with the business in accordance with Clause (iv) the
employee shall not be entitled to redundancy pay.
(d) Redundancy:
Where the employee cannot be found employment in
accordance with Clause (iv) above within the Company or with another party the employee
shall then be entitled to redundancy
56. Renewal of
Agreement and No Extra Claims Commitment
The company and the union will commence negotiations for the
renewal of the award not later than 1 March 2008.
During the life of this award, the union undertakes not to
make or pursue any claim for improvements in wages or non-monetary conditions
other than as explicitly permitted by any decision of the Industrial Relations
Commission of NSW.
The rates of pay in this award include the adjustments payable
under the State Wage Cases during the term of this agreement.
This award is for a fixed term and there shall be no further
adjustments of wages or other conditions of employment during this term other
than as provided for in the award itself.
ANNEXURES
1. Classification
Structure and Wage Rates & Allowances:
Bartter Enterprises & Steggles Foods Pty Limited
Beresfield Operations
2. Safety
Policy
3. Drug and
Alcohol Policy
4. Disciplinary
Policy and Procedures
5. Redundancy
Provisions
6. Record of Salary
Sacrifice Contribution Arrangements
7. Schedule of
Employees With November Sick Leave Anniversary
8. Union
Delegates Code of Conduct
9. Load Out
Operations
ANNEXURE 1
Bartter Enterprises
Beresfield Operations Including Steggles Foods Pty Limited and Fresh Value
Added:
CLASSIFICATION
STRUCTURE AND WAGE RATES/ALLOWANCES -
Mixed Functions
An employee who is required to perform on any day work for
which a higher rate of wage than that of his/her ordinary classification as
prescribed in Levels 1 to 6 or Annualised Salary shall be paid as follows:
(a) If an employee
is required to perform such work for 4 hours or more, the employee shall be
paid for the day the higher (or highest, as the case may be) rate of wage
prescribed for the work performed.
(b) If an employee
is required to perform such work for 2 hours or more but for less than 4 hours,
the employee shall be paid for one half day the higher (or highest, as the case
may be) rate of wage prescribed for the work performed.
(c) If an employee
is required to perform such work for less than 2 hours, the employee shall be
paid the higher (or highest, as the case may be) rate of wage prescribed for
the time actually occupied on such work.
Provided that no additional payment under this
subclause need be made to an employee who is required to perform on any day,
such higher paid work for not more than 30 minutes because of the failure of
another employee to be present at his/her work.
I An employee
who is required to perform, on any day, work for which a lower rate of wage
than that of his/her ordinary classification is prescribed, shall suffer no
reduction in pay in consequence thereof.
II Provided that
whilst an employee is being trained to perform duties at a higher level, this
clause shall not apply.
Process Employee Level 1:
All new employees will commence and remain at this
level until they have met the promotional criteria. Level 1 employees will be provided with Area specific Induction
and closely supervised and monitored while they are trained in the areas
processes in accordance with the established training protocols.
Promotional Criteria
Once the employee has completed the probationary period
and has been assessed during this period to undertake the duties required in
his/her section the employee shall moved to the level appropriate to their
duties.
Level 1 - 38 hour
week
|
Rate
|
Rate
|
Rate
|
|
July 1 2005
|
July 1 2006
|
July 1 2007
|
All others
|
588.17
|
611.70
|
636.17
|
Casuals
|
710.65
|
739.08
|
768.64
|
Junior Casuals -
|
16 years
|
352.90
|
367.02
|
381.70
|
|
17 years
|
382.30
|
397.60
|
413.50
|
|
18 years
|
411.72
|
428.18
|
445.31
|
|
19 years
|
470.54
|
489.36
|
508.93
|
|
20 years
|
529.36
|
550.53
|
572.56
|
A junior employee will receive the full adult rate of
the relevant classification after two years from commencement of continuous
employment.
Process Employee Level 2:
The point of entry to Level 2 shall be Level 1.
An existing employee performing work at this level.
Proven or demonstrated industrial experience or
equivalent qualifications.
Demonstrated skills appropriate to the enterprise (as
defined).
Skills/Duties -
The employee will be responsible for the quality of
his/her own work within this level and must undertake duties in a safe and
responsible manner.
These are indicative of the tasks, which an employee
may perform at this level:
(a) Laundering of
protective clothing in the factory environs.
(b) Cleaning the
amenities, canteen and general processing areas.
(c) General
gardening and cleaning around work place areas.
Promotional Criteria -
An employee remains at this level until he or she has
developed the skills to allow the employee to effectively perform the tasks
required of this level. Once they are assessed to be competent to perform
effectively at a higher level to enable them to progress to a higher level
position as it becomes available.
Level 2 - 38 hour week
|
2005
|
2006
|
2007
|
Hygienic & Aesthetic Day Cleaner
|
597.18
|
621.07
|
645.90
|
Leading Hand Small Group (per hour)
|
0.84
|
0.87
|
0.91
|
Leading Hand Small Group (per hour)
|
1.18
|
1.23
|
1.28
|
Afternoon Shift (per week)
|
89.58
|
93.16
|
96.89
|
Night Shift (per week)
|
179.15
|
186.32
|
193.77
|
Junior Employees
|
16 years
|
358.30
|
372.63
|
387.54
|
|
17 years
|
388.16
|
403.69
|
419.83
|
|
18 years
|
418.03
|
434.75
|
452.14
|
|
19 years
|
477.73
|
496.84
|
516.72
|
|
20 years
|
537.46
|
558.96
|
581.32
|
Senior Casual
|
722.58
|
751.48
|
781.54
|
General Gardening - Cleaning (around workplace areas)
|
620.19
|
645.00
|
670.80
|
Senior Casual
|
750.43
|
780.45
|
811.67
|
Junior Employees
|
16 years
|
372.11
|
387.00
|
402.48
|
|
17 years
|
403.12
|
419.25
|
436.02
|
|
18 years
|
434.14
|
451.50
|
469.56
|
|
19 years
|
496.15
|
516.00
|
536.64
|
|
20 years
|
558.17
|
580.49
|
603.71
|
A junior employee will receive the full adult rate of
the relevant classification after two years from commencement of continuous employment.
Process Employee Level 3:
Points of entry are Level 2 or lower or an existing employee
performing work at this level.
An employee with other recognised industry experience
or equivalent qualifications (as defined).
Skills/Duties -
An employee will be required to be responsible for the
quality of his/her own work within this level. There may be a requirement to
have higher knowledge of quality control.
Must work effectively in a team environment.
These are indicative of the tasks, which an employee
may perform at this level:
All work associated with a chain or non-chain processing
system from the truck loading bay dock and all work up to and the scalding
section of the plant.
Employees whose principal duties include all work from
the scalding section up to and including the strapping section prior to entry
into a permanent cold storage area.
Processing material handling.
Knife sharpener whose duties do not include de-boning
poultry product.
General work associated with the preparation, packing
and storage of cooked and uncooked processed poultry products using steam
and/or other means of heating.
A specialist cleaner using steam and chemicals to
sanitise food-processing equipment after the processing is completed.
All mincing, filling, de-bone machine operation,
flavour injector, and mixer.
May be required to obtain licence to operate forklift
or to perform basic maintenance procedures.
Demonstrate basic interpersonal skills.
Linko Machine Operator is required to constantly
monitor the Linko machine and it’s performance and undertake the appropriate adjustments
and settings to ensure efficient operation.
Osid Wrapper Machine Operator is required to constantly
monitor the Osid Wrapper Machine and its performance and undertake appropriate
adjustments and settings to ensure efficient operation.
Koppens Line Machine Operator is required to frequently
monitor the Koppens Machine and it’s performance and undertake appropriate
adjustments and settings to ensure efficient operations
Form Fill Seal Machine Operator is required to
frequently monitor the Form Fill Seal Machine and it’s performance and
undertake appropriate adjustments and settings to ensure efficient operations
Promotional Criteria -
An employee remains at this level until he or she has
developed the skills to allow the employee to effectively perform the tasks
required of this level. Once they are assessed to be competent to perform
effectively at a higher level to enable them to progress to a higher level
position, as it becomes available.
RATES
Level 3 - 38 hour week
|
Rate
|
Rate
|
Rate
|
|
July 1 2005
|
July 1 2006
|
July 1 2007
|
Process employee - Eviscerating, Packing, Boxing,
|
605.70
|
629.92
|
655.12
|
Smallgoods, Dock, Knife Sharpener (who does not debone
|
|
|
|
poultry), Night Cleaner Food Handler: Eviscerating,
|
|
|
|
Packing, Boxing, Smallgoods, Dock, Knife Sharpener (who
|
|
|
|
does not debone poultry), Night Cleaner
|
|
|
|
Leading Hand Small Group (per hour)
|
0.84
|
0.87
|
0.91
|
Leading Hand Small Group (per hour)
|
1.18
|
1.23
|
1.28
|
Afternoon Shift (per week)
|
90.86
|
94.49
|
98.27
|
Night Shift (per week)
|
181.71
|
188.98
|
196.54
|
Osid Wrapper Operator
|
625.78
|
650.81
|
676.84
|
Linko Machine Operator
|
639.54
|
665.12
|
691.72
|
Koppens Line Machine Operator
|
625.99
|
651.03
|
677.07
|
Form Fill Seal Machine Operator
|
625.99
|
651.03
|
677.07
|
Senior Casual
|
732.89
|
762.20
|
792.69
|
Junior Employees
|
16 years
|
363.42
|
377.95
|
393.07
|
|
17 years
|
393.70
|
409.45
|
425.82
|
|
18 years
|
423.98
|
440.94
|
458.58
|
|
19 years
|
484.56
|
503.94
|
524.10
|
|
20 years
|
545.13
|
566.93
|
589.61
|
Junior Casual
|
16 years
|
439.73
|
457.32
|
475.62
|
|
17 years
|
476.37
|
495.43
|
515.24
|
|
18 years
|
513.02
|
533.54
|
554.88
|
|
19 years
|
586.31
|
609.76
|
634.15
|
|
20 years
|
659.60
|
685.98
|
713.42
|
A junior employee will receive the full adult rate of the
relevant classification after two years from commencement of continuous
employment.
Process Employee Level 4:
Points of Entry are Level 3 or lower or an existing
employee performing work at this level.
An employee with other recognised industry experience
or equivalent qualifications (as defined).
An employee with recognised enterprise experience (as
defined).
Skills/Duties -
An employee will be required to be responsible for the quality
of his/her own work within this level and must work effectively in a team
environment.
These are indicative of the tasks, which an employee
may perform at this level:
Note:
Level 4 has two distinct payments personnel on Level 4
General and Rendering Plant are paid at the base Level 4 rate and due previous
arrangements the Distribution /Freezer based personnel rate is calculated as
per the following.
Distribution
All tasks associated with storage and retrieval of
finished poultry products to or from freezing rooms and cool room, including
employees who go into and out of freezer chambers as a part of their load
checking duties.
Adult employees, driving a semi-trailer of any capacity
within plant environs, loading and unloading the vehicle, monitoring livestock
cooling devices and completes records as required.
The Distribution/Freezer rate of pay is the Level 4
plus an average of the applicable hours worked below 4 degrees currently @ .15
cents per hour and below 16 degrees currently @ .37 cents per hour. Therefore effectively their rate is
increased by .35 cents per hour for all purposes.
In addition, the below 18 degrees allowance currently @
.68 cents per hour is paid to those employees who were employed to work in the
Distribution/Freezer section after 1990.
Those employees who worked in the Distribution/Freezer
prior to that time receive an allowance of .72 cents per hour for working in
the below 18 degrees temperatures, this will continue until the award catches
General
Employees at this Level may be required to be licensed
and to operate forklift.
Adult employees, driving a semi-trailer of any capacity
within plant environs, loading and unloading the vehicle, monitoring livestock
cooling devices and completes records as required.
Tunnel Operator is responsible for the complete
operation of the tunnel areas, to ensure efficient operation. Duties will include appropriate adjustments
and minor maintenance to achieve continuous operation.
The Debone Fresh Room personnel receive the same Base
Level 4 Rate but do not receive the additional rate for the
Distribution/Freezer personnel.
Rendering or Digestion
(a) Rendering or
digestion operators, etc.
Promotional Criteria -
An employee remains at this level until he or she has
developed the skills to allow the employee to effectively perform the tasks
required of this level. Once they are assessed to be competent to perform
effectively at a higher level to enable them to progress to a higher level
position, as it becomes available.
Level 4 - 38 hour week
|
Rate
|
Rate
|
Rate
|
|
July 1 2005
|
July 1 2006
|
July 1 2007
|
Distribution /Freezer Rendering or Digestion Operators
|
611.79
|
636.26
|
661.71
|
Leading Hand Small Group (per hour)
|
0.84
|
0.87
|
0.91
|
Leading Hand Small Group (per hour)
|
1.18
|
1.23
|
1.28
|
Afternoon Shift (per week)
|
91.77
|
95.44
|
99.26
|
Night Shift (per week)
|
183.54
|
190.88
|
198.51
|
Senior Casual
|
740.27
|
769.88
|
800.68
|
Junior Employees
|
16 years
|
367.07
|
381.75
|
397.02
|
|
17 years
|
397.66
|
413.57
|
430.11
|
|
18 years
|
428.25
|
445.38
|
463.20
|
|
19 years
|
489.42
|
509.00
|
529.36
|
|
20 years
|
550.60
|
572.63
|
595.54
|
Junior Casuals
|
16 years
|
444.16
|
461.93
|
480.41
|
|
17 years
|
481.18
|
500.42
|
520.44
|
|
18 years
|
518.19
|
538.92
|
560.47
|
|
19 years
|
592.22
|
615.91
|
640.54
|
|
20 years
|
666.24
|
692.89
|
720.61
|
Freezer Hand
|
626.92
|
652.00
|
678.08
|
Afternoon Shift (per week)
|
94.04
|
97.80
|
101.71
|
Night Shift (per week)
|
188.08
|
195.60
|
203.42
|
Senior Casual
|
758.58
|
788.92
|
820.48
|
Junior Employees
|
16 years
|
376.15
|
391.19
|
406.84
|
|
17 years
|
407.49
|
423.79
|
440.74
|
|
18 years
|
438.83
|
456.39
|
474.65
|
|
19 years
|
501.53
|
521.59
|
542.45
|
|
20 years
|
564.23
|
586.80
|
610.27
|
Junior Casual
|
16 years
|
455.15
|
473.35
|
492.29
|
|
17 years
|
493.07
|
512.80
|
533.31
|
|
18 years
|
531.00
|
552.24
|
574.33
|
|
19 years
|
606.86
|
631.14
|
656.38
|
|
20 years
|
682.72
|
710.03
|
738.43
|
A junior employee will receive the full adult rate of
the relevant classification after two years from commencement of continuous
employment.
Process Employee Level 5:
Points of Entry are Level 4 or lower or an existing
employee performing work at this level.
An employee with other recognised industry experience
or equivalent qualifications (as defined).
An employee with recognised enterprise experience (as
defined).
Skills/Duties:
These are indicative of the tasks, which an employee
may perform at this level:
Deboning poultry with a knife on a chain or bench,
manual circular knife operation, manual band saw operation.
Product recording, having attained the appropriate
industry standard.
Quality assistant who has attained appropriate industry
qualifications.
Knife sharpening where duties include deboning poultry
with a knife.
Promotional Criteria -
An employee remains at this level until he or she has
developed the skills to allow the employee to effectively perform the tasks
required of this level. Once they are assessed to be competent to perform
effectively at a higher level to enable them to progress to a higher level
position, as it becomes available.
Level 5 - 38 hour week
|
Rate
|
Rate
|
Rate
|
|
July 1 2005
|
July 1 2006
|
July 1 2007
|
Process Employee:
Deboner, Product Recorder, Quality
|
619.76
|
644.55
|
670.33
|
Control and Knife Sharpener who debones poultry
|
|
|
|
Leading Hand Small Group (per hour)
|
0.84
|
0.87
|
0.91
|
Leading Hand Small Group (per hour)
|
1.18
|
1.23
|
1.28
|
Afternoon Shift (per week)
|
92.96
|
96.68
|
100.55
|
Night Shift (per week)
|
185.93
|
193.37
|
201.10
|
Group Line Leader
|
669.97
|
696.77
|
724.64
|
Senior Casual
|
749.90
|
779.90
|
811.09
|
Junior Employees
|
16 years
|
371.85
|
386.73
|
402.20
|
|
17 years
|
402.84
|
418.96
|
435.72
|
|
18 years
|
433.83
|
451.18
|
469.23
|
|
19 years
|
495.81
|
515.64
|
536.23
|
|
20 years
|
557.78
|
580.09
|
603.30
|
Junior Casuals
|
16 years
|
449.95
|
467.94
|
486.66
|
|
17 years
|
487.44
|
506.94
|
527.21
|
|
18 years
|
524.93
|
545.93
|
567.76
|
|
19 years
|
599.92
|
623.92
|
648.88
|
|
20 years
|
674.91
|
701.90
|
729.98
|
A junior employee will receive the full adult rate of
the relevant classification after two years from commencement of continuous
employment.
Process Employee Level 6:
Points of Entry -
Process employee Level 5, or
Proven and demonstrated skills (including, as
appropriate, Industry Certificates) to the level required of this grade.
Skills/Duties -
An employee at this level will be capable of performing
the duties at all levels and be required to be responsible for the quality of
his/her own work and must work effectively in a team environment.
These are indicative of the tasks, which an employee
may perform at this level:
Have completed an internal/external accredited
"Train the Trainer" course and appointed by the Company as a
Workplace Trainer.
Undertake the training of other process employees as
directed.
Level 6 - 38 hour week
|
Rate
|
Rate
|
Rate
|
|
July 1 2005
|
July 1 2006
|
July 1 2007
|
|
|
|
|
Process employee: Be
capable of performing the duties of all
|
676.09
|
703.14
|
731.26
|
levels plus completed internal/external accredited
"Train the
|
|
|
|
Trainer" and appointed by the Company.
|
|
|
|
Leading Hand Small Group (per hour)
|
0.84
|
0.87
|
0.91
|
Leading Hand Small Group (per hour)
|
1.18
|
1.23
|
1.28
|
Afternoon Shift (per week)
|
101.42
|
105.47
|
109.69
|
Night Shift (per week)
|
202.83
|
210.94
|
219.38
|
Senior Casual
|
818.07
|
850.80
|
884.83
|
Junior Employees
|
16 years
|
405.65
|
421.88
|
438.75
|
|
17 years
|
439.46
|
457.04
|
475.32
|
|
18 years
|
473.26
|
492.19
|
511.88
|
|
19 years
|
540.87
|
562.51
|
585.00
|
|
20 years
|
608.48
|
632.82
|
658.14
|
Junior Casuals
|
16 years
|
490.84
|
510.47
|
530.89
|
|
17 years
|
531.74
|
553.01
|
575.13
|
|
18 years
|
572.66
|
595.56
|
619.38
|
|
19 years
|
654.46
|
680.64
|
707.87
|
|
20 years
|
736.27
|
765.71
|
796.35
|
A junior employee will receive the full adult rate of the
relevant classification after two years from commencement of continuous
employment.
Leading Hands
A Leading Hand is a ‘hands on’ employee appointed by
the employer and allocated responsibilities determined by the employer to
assist in the good order of work flow in an operating area, viz:
Receiving production instructions and allocating the
work flow to employees.
To control the standards of work, work output to
targets set by Supervisors and other staff.
To determine shortages in labour, or material or plant
failures, and to bring any deficiencies to the Supervisory staff for action.
Where a failure in training or behaviour occurs,
Leading Hands shall immediately disengage from further action and place the
matter into the hands of the Supervisory staff.
Nonetheless, this does not preclude the Leading Hand
from giving training but only on the direct instructions of a Supervisor or
other Staff.
Leading Hands shall not breach any confidence placed in
them by fellow employees or by Supervisory staff.
A Leading Hand is appointed on merit and skill taking
into account the following factors:
(a) Clerical
aptitude
(b) How to
supervise assessment
(c) Work
performance - experience
(d) Attendance
(e) Attention to
detail
(f) General
attitude to Company standards
(g) Training and
education
(h) Emotional
stability
(i) Maturity and
leadership
(j) Safety
consciousness and willingness to follow safety rules.
In addition, the employer may appoint a person who has
the appropriate qualifications to a position of Leading Hand for the purposes
of acting as a First-Aid Attendant.
(ii) Leading Hand
- Small Group:
A Leading Hand - Small Group means a Leading Hand in
subclause (i) with duties as defined supervising 20 employees or less and/or
qualified and experienced as a Senior Quality Assistant or Senior Processing
Materials Handler except where the employee is a staff member.
A qualified First-Aid Attendant may also be appointed
as a Leading Hand - Small Group.
(iii) Leading Hand
- Large Group:
A Leading Hand - Large Group means a Leading Hand with
duties as defined in subclause (ii) supervising in excess of 20 employees.
ALLOWANCES
Steggles Foods Machine Minder
A Machine Minder is a process operator (Level 3 or
higher) appointed by the employer and allocated responsibilities determined by
the employer to assist in the start-up procedures in an operating area, viz:
Assembling plant and equipment prior to start-up,
ensuring all components are accounted for and appear to be in good working
order.
Completing start-up checklist to ensure plant is setup
in accordance with operating specifications, which includes, but is not limited
to:
Ensuring operating settings such as temperatures, line
speed, etc are set to the correct start-up positions
Undertaking minor lubrication of plant and equipment
Assembling and installing guards and other add-on
components
Ensuring components
such as belts, sprayers etc. are in good working condition
Flagging and completing work-orders for maintenance and
repairs
Completing respective documentation
A Machine Minder is appointed on merit and skill taking
into account the following factors:
Mechanical aptitude
Wok performance and experience
Plant knowledge
Attention to detail
General attitude to company standards
Training and education
Safety consciousness and willingness to follow safety
rules
Truck Driving (De-bone)
The employee permanently appointed to the role of
driving the rigid refrigerated transport for the purpose of transporting
product from the Plant to Steggles Foods shall have this Allowance included on
to their normal rate and paid for all purposes. Any other persons undertaking this role shall be paid the Hourly
Allowance on a mixed function basis.
This rate is inclusive of forklift Allowance and shall not be paid in
conjunction with that Allowance. The Allowance is $25 per week or .65 cents per
hour.
Truck Driving Dock Shuttle
The employee permanently appointed to the role of
Trailer shuttle in the Chicken or Turkey Plant dock areas shall have this
Allowance included on to their normal rate and paid for all purposes. Any other
persons undertaking this role shall be paid the Hourly Allowance on a mixed
function basis. These employees
permanently appointed will be required to assist in other duties as required.
The Allowance is $45 per week or $1.18 per hour
Plant Truck Allowance
Any employee operating the tri axle plant truck shall
receive an Allowance paid for all actual hours worked. The Allowance shall be equal to .79 cents
per hour
Espera:
The designated Espera Operator will be entitled to a
payment as per the table below, this Allowance will be paid on a half shift
basis if the job is shared.
General Cleaning
The General Cleaning allowance shall be paid to all
personnel permanently allocated to cleaning duties to cover general
disabilities. The General Cleaning allowance is $4.00 per day. No other
allowance other than Leading Hand and First Aid shall be paid whilst an
employee is receiving the General Cleaning Allowance.
ALLOWANCES
|
Monetary Amount
|
|
2005
|
2006
|
2007
|
|
$
|
$
|
$
|
Forklift (per day)
|
3.33
|
3.46
|
3.60
|
Leading Hand - Small Group (per hour)
|
0.84
|
0.87
|
0.91
|
Leading Hand - Large Group (per hour)
|
1.18
|
1.23
|
1.28
|
Acting Leading Hand - Small Group (per day)
|
4.12
|
4.28
|
4.46
|
Freezer - less than 4o (per hour)
|
0.17
|
0.18
|
0.18
|
Freezer - minus 18o (per hour)
|
0.78
|
0.81
|
0.84
|
Freezer - greater than minus 20o (per hour)
|
1.16
|
1.21
|
1.25
|
Dirt (per hour)
|
0.78
|
0.81
|
0.84
|
First Aid (per week)
|
11.13
|
11.58
|
12.04
|
Hang Live Poultry (per hour)
|
0.35
|
0.36
|
0.37
|
General Cleaning Allowance (per day)
|
4.00
|
4.16
|
4.33
|
Meal (per occasion)
|
8.95
|
9.31
|
9.68
|
Espera
|
2.25
|
2.34
|
2.43
|
ANNEXURE 2
BARTTER
ENTERPRISES STEGGLES FOODS PRODUCTS PTY LTD
BERESFIELD
OPERATIONS
STATEMENT OF
POLICY
OCCUPATIONAL
HEALTH & SAFETY
Bartter Enterprises will manage its operations so as to
ensure the safety and health of employees, contractors and the wider community.
The success of the company’s
occupational health and safety effort rests on the following principles:
all injuries can be prevented;
managers and supervisors are
responsible for ensuring that systems, procedures and conditions of work are such that work can be accomplished
without injury or risk to health;
the prevention of injury and the
maintenance of health are primary considerations in all actions and are the
responsibilities of each employee;
all employees are required to be
aware of and trained in the safe working procedures applicable to their tasks;
and
all employees are required to
exercise good judgement in completing tasks, and to ensure that their actions
do not create hazards to themselves or other employees.
all employees are required to
immediately report any injuries to the appropriate company representative
The pursuit of excellence in occupational health and safety
is to receive the same priority as other business imperatives, including
customer service, quality and cost.
Annexure 3
BARTTER
ENTERPRISES STEGGLES FOODS PRODUCTS PTY LTD
BERESFIELD OPERATIONS
STATEMENT OF
POLICY
DRUGS AND ALCOHOL
The use of alcohol and other drugs (prescribed or illegal)
at or before work poses a safety risk to employees, consumers and the wider
community. In order to comply with the requirements of the company’s safety
policy and the NSW Occupational Health and Safety Act, the following rules
apply to the use of alcohol and other drugs:
1. Employees,
contractors and visitors are not permitted to enter or remain on the Beresfield
site if they are under the influence of any drug or substance which may impair
their capacity to work or behave in a safe manner; or if they are in possession
of any such drug or substance.
2. All employees
are required to advise their supervisor or other manager if they become aware
that any person on the site may be under the influence of alcohol or any other
drug.
3. Any employee
or contractor who is taking a prescribed drug or other medication must advise
the site Health Centre of the details of the medication and the condition for
which it is being taken.
4. The
Beresfield site is a "dry" site - that is, no alcoholic beverages may
be provided or consumed by any person on the site. Any social functions or
activities where alcohol is to be provided or consumed must take place off-site
at suitable licensed premises.
5. These
requirements apply to company vehicles; farms; hatcheries; and other company
facilities located in the Beresfield area or incidental to Beresfield site
operations.
Where there is a breach of these rules; the company will
apply its Disciplinary Policy and Procedures to each individual case. In some
circumstances this may include the provision of counselling or other external
support services.
Where an employee is unable to attend the site at their
rostered starting time, they should follow the usual procedures for casual
absences due to sickness. Employees who take excessive or regular sick leave in
order to comply with these rules may be subject to disciplinary action; up to
and including termination of employment.
ANNEXURE 4
BARTTER
ENTERPRISES
STEGGLES FOODS
PRODUCTS PTY LTD
DISCIPLINARY
POLICY AND PROCEDURES
1. Objective
The objective of this policy is to provide a structured
process which ensures that employees of the company:
are aware of the standards of performance and behaviour
required from them in the course of their employment.
can have unsatisfactory performance or behaviour
identified in a constructive fashion;
can be subject to disciplinary procedures up to and
including termination of employment; and
to ensure that all activities and procedures associated
with these issues are objective and procedurally fair.
2. Statement
of Policy
The Company is committed to the provision of fair and
supportive working environments. The
disciplinary procedures contained in this policy are designed to support the
achievement of this goal. Any failure
to abide by these procedures will in itself be regarded as a severe breach of
Company standards.
3. Principles
a) Disciplinary
action pursuant to this policy should be educational in the first instance, and
only corrective where educational steps have failed.
b) Punitive
action should only be taken when remedial steps have failed.
c) As far as
practical, similar offences in similar circumstances should be treated equitably through the application of similar
punitive action.
d) Procedural
fairness is of paramount importance in ensuring equitable treatment for
employees. This will necessitate the use
of time and other resources to ensure a satisfactory investigation. This policy therefore provides the ability
to suspend employees on full pay whilst any necessary investigation is
completed.
4. Access
Given the Objective, Policy Statement and Principles of
this policy, this document is public in nature, and should be available to
employees on request. Any employee who
is to receive any punitive action pursuant to this policy must be provided with
a copy of or access to a copy of this document.
PART TWO
DISCIPLINARY
PROCEDURES
1. Levels
This policy recognises four levels of disciplinary procedure:
Counselling
First Written Warning
Final Written Warning
Dismissal
The nature and frequency of the problem will generally
determine which level of disciplinary procedure will apply in any individual
situation.
2. Counselling
a) Counselling is
an informal process whereby employees are advised of unsatisfactory work
performance. Counselling is an integral
part of the management of employees, and should be a two way communication
process.
The object of a counselling process is to advise the
employee of what standards of work performance, or behaviour are required; to
show where the employee is not meeting the required standard; and to ascertain whether
there are any requirements for additional training or other resources in order
that the employee can meet the required standards.
b) A formal
record of a counselling process need not be made, however it may be appropriate
for a file note to be placed on the employee’s file.
c) A series of
counselling sessions may result in a First Written Warning being issued.
3. First Written
Warning
a) A First
Written Warning is a punitive level of the disciplinary procedure.
b) A First
Written Warning is issued in circumstances where one or more counselling
sessions have failed to modify the work performance or behavioural standards as
required; or as a first step in the disciplinary procedure where the lapse in
performance or behavioural standard is of serious nature.
c) Before a First
Written Warning is issued, the employee is to be advised that the disciplinary
procedure has commenced, and that the process may eventually result in the
employee’s dismissal; and is to be provided with a copy of this policy. The employee is also to be advised that they
are entitled to be accompanied by a union delegate or co-worker.
d) The manager or
supervisor must explicitly and clearly identify what work performance or
behavioural standard is unacceptable, and specify what the required standard
is.
e) The employee
is to be asked if he/she has any comment in regard to the stated problem. Due regard is to be given to the employee’s
views, and any mitigating circumstances taken into account.
At this stage, the manager or supervisor may elect not
to issue a First Written Warning, and revert to a counselling session.
f) Once the work
performance or behavioural problem has been identified, the manager or
supervisor is to ascertain whether or not there is any additional training or
other resources that may be appropriate in correct the problem.
g) A First
Written Warning is to be issued for a specified period of time.
The appropriate period for a First Written Warning to
be in force will be determined by the nature of the problem, the employee’s
record, and the length of time reasonably required to demonstrate improvement.
The First Written Warning should not be in force for more than
6 months.
h) The First
Written Warning should be recorded in accordance with the "Disciplinary
Policy and Procedures Record Form" in Part Three of this Policy. The employee should be asked to sign the
Record. If the employee refuses to do
so, this should be noted on the Record.
A copy of the Record should be issued to the employee.
i) At the
conclusion of the period of time that the First Written Warning is in force,
the employee’s performance is to be formally reviewed. At that point, the First Written Warning may
be withdrawn, extended, or a Final Written Warning may be issued.
The Review of the First Written Warning should be
recorded in accordance with the "Disciplinary Policy and Procedures Record
Form" in Part Three of this Policy.
The employee should be asked to sign the Record. If the employee refuses to do so, this
should be noted on the Record. A copy
of the Record should be issued to the employee.
4. Final Written
Warning
a) A Final
Written Warning is a punitive level of the disciplinary process.
b) A Final
Written Warning is issued in circumstances where one or more First Written
Warnings have failed to modify the work performance of behavioural standards as
require; or as a first step in the disciplinary procedure where the lapse in
performance or behavioural standard is of an extremely serious nature.
c) In order that
a decision to issue a final warning to an employee can be made, it may be
appropriate for a detailed investigation to be carried out. In order to facilitate such an
investigation, it may be appropriate for the employee concerned to be suspended
without loss of normal pay and conditions for the duration of all or some of
the investigative process.
d) Before a Final
Written Warning is issued, the employee is to be advised that the disciplinary
procedure has commenced and that the process could result in dismissal, and is
to be provided with a copy of this policy.
The employee is also to be advised that they are entitled to be
accompanied by a union delegate or co-worker.
e) The manager or
supervisor should have his/her supervisor/manager or the senior manager’s
nominee present at the final warning meeting.
f) The manager
or supervisor must explicitly and clearly identify what work performance or
behavioural standard is unacceptable, and specify what the required standard
is. Where appropriate, reference should
be made to any reprimand or previous relevant disciplinary procedure in place.
g) The employee
is to be asked if he/she has any comment regard to the stated problem. Due regard is to be given to the employee’s
views, and any mitigating circumstances taken into account.
At this stage, the manager or supervisor may elect not
to issue a Final Written Warning, and may issue a First Written Warning or
revert to a counselling sessions; or abort the process.
h) Once the work
performance or behavioural problem has been identified, the manager or
supervisor is to ascertain whether or not there is any additional training or
other resources that may be appropriate in correcting the problem.
i) A Final
Written Warning is to be issued for a specified period of time.
The appropriate period for a Final Written Warning to
be in force will be determined by the nature of the problem, the employee’s
record, and the length of time reasonably required to demonstrate improvement.
The Final Written Warning should not be in force for
more than 12 months.
The Final Written Warning should be recorded in
accordance with the Disciplinary Policy and Procedures Record Form" in
Part Three of this Policy. The employee
should be asked to sign the Record. If
the employee refuses to do so, this should be noted on the Record. A copy of the Record should be issued to the
employee.
j) At the
conclusion of the period of time that the Final Written Warning is in force,
the employee’s performance is to be formally reviewed. At that point, the Final Written Warning may
be withdrawn, extended, or the employee may be dismissed.
The Review of the Final Written Warning should be
recorded in accordance with the "Disciplinary Policy and Procedures Record
Form" in Part Three of this Policy.
The employee should be asked to sign the Record. If the employee refuses to do so, this
should be noted on the Record. A copy
of the Record should be issued to the employee.
5. Termination
of Employment
a) Termination of
employment is a punitive level of the disciplinary process and the most serious
application of this policy.
b) In order to
dismiss an employee pursuant to this policy, specific authority from a senior
manager of the company is required. A
senior manager is a director or direct report to a director.
c) In order that
a decision to dismiss an employee can be made, it may be appropriate for a
detailed investigation to be carried out.
In order to facilitate such an investigation, it may be appropriate for
the employee concerned to be suspended without loss of normal pay and
conditions for the duration of some or all of the investigative process.
d) An employee
may be dismissed in circumstances where one or more final Written Warnings have
failed to modify the work performance or behavioural standards as required; or
as the first and final step in the disciplinary procedure where the lapse in
performance or behavioural standard is of such severity as to warrant immediate
dismissal.
e) Before an
employee is dismissed, the employee is to be advised that the disciplinary
procedure has commenced and the company intends to terminate the employment of
the employee. The employee is to be
provided with a copy of this policy.
The employee is also to be advised that they are entitled to be
accompanied by a union delegate or co-worker.
f) The Dismissal
meeting is to be attended by the most senior manager on the site.
g) The employee
is to be advised that the company intends to terminate the contract of employment
and the manager must explicitly and clearly identify what work performance or
behavioural standard is unacceptable, and specify the required standard. Where appropriate, reference should be made
to any final warning or previous relevant disciplinary procedure in place.
h) The employee
is to be asked if he/she has any comment in regard to the stated problem.. Due regard is to be given to the employee’s
views and any mitigating circumstances taken into account.
At this stage, the meeting may be adjourned in order
further investigation to be carried out.
Subject to the nature of the problem, it may be appropriate for the
employee to be suspended without loss of normal pay and conditions for the
duration of the investigative process.
At this stage, the manager may elect not to dismiss the
employee, and may issue a final Written Warning, a First Written Warning, or
cease the application of the disciplinary procedure.
i) If the
decision to dismiss the employee is justified, the employee is to be so
advised.
j) The Dismissal
should be recorded in accordance with the "Disciplinary Policy and
Procedures Record Form" in Part Three of this Policy. The employee should
be asked to sign the Record. If the
employee refuses to do so, this should be noted on the Record. A copy of the Record should be issued to the
employee
The employee is to receive a letter confirming that
he/she has been dismissed as per the proforma "Letter of Dismissal"
in Part Three of this Policy. A copy of
the Record Form should be attached to the Letter.
k) If the
employee is to be subject to immediate dismissal, there is no requirement for
any notice period to apply.
In all other circumstances, the appropriate pay in lieu
of notice should be paid to the employee in accordance with the following
table:
Length of Continuous Service:
|
Applicable Notice:
|
1 year or less
|
1 week
|
1 year and up to the completion of 3 years
|
2 weeks
|
3 years and up to the completion of 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
In addition, an employee over 45 years of age who has
not less than 2 years' continuous service at the time of termination will
receive an additional week's notice.
6. Suspension
Without Pay
Suspension without pay can be applied for periods up to
twenty (20) shifts as a punitive action in the event of a serious or wilful
misconduct if the parties agree that this is a more suitable remedy to
termination of employment.
l). Part Three:
Pro Forma Documents
The following pro forma documents should be used as
guide in the application of this Policy.
(a) Disciplinary
Policy and Procedures Record Form
(b) Letter of
Termination
PRO FORMA DOCUMENT (b)
(DATE)
(NAME)
(SITE ADDRESS)
Dear (NAME),
CONFIRMATION OF
TERMINATION OF EMPLOYMENT
I refer to our meeting of (date). A record of that meeting is attached.
I confirm that your employment with (employing company)
has been terminated pursuant to the Company’s Disciplinary Policy and Procedures. The termination takes effect from (insert
date). You will receive (xxx) week’s
pay in lieu of notice.
If you do not understand this letter of the
Disciplinary Policy and Procedures, please contact me immediately.
Yours faithfully
(employing company)
(Supervisor’s name)
(SUPERVISOR’S TITLE)
Copies:
|
Employee
|
|
Union Delegate (where applicable)
|
|
Supervisor
|
|
Personnel Records
|
ANNEXURE 5
BARTTER
ENTERPRISES STEGGLES FOODS PRODUCTS PTY LTD
NSW OPERATIONS REDUNDANCY
PROVISIONS
1. Definitions
"All purpose rate" means the rate of pay used
to calculate one week’s normal pay. The all purpose rate excludes overtime; but
includes penalty rates and shift premiums, and all allowances.
"Award" means the Steggles Beresfield AMIEU
Integrated Award 1999.
"Casual employee" means an employee who is
employed on an hourly basis, and who has no reasonable expectation of regular
work. A casual employee is not entitled to any termination payments pursuant to
this agreement.
"Part time employee" means an employee whose
rostered hours of work are less than an average of 38 hours per week.
"Redundancy" means a situation where the
company proposes to permanently cease operating all or part of its business; and
this cessation results in one or more full time or part time employees becoming
surplus to the company’s labour requirements. "Redundancy" does not
include:
(a) termination of
employment pursuant to the company’s Disciplinary Policy and Procedures, provided
that such termination is not directly related to the company’s requirement to
reduce its labour requirements;
(b) termination of
employment due to retirement;
(c) situations
where full time or part time employees become surplus to the company’s labour
requirements due to industrial action taken by employees which affects the
company’s ability to continue normal operations;
(d) variations to
rosters or shifts (as provided for by parent awards or site agreements) as a
result of restructuring or changes in customer demands or operational
requirements.
Such roster or shift changes shall be made in
consultation with the union/s and employees. Where employees are genuinely
forced to terminate their employment as a result of such changes, the employee
will be entitled to a redundancy benefit pursuant to this agreement.
"Genuinely forced to terminate" employment does not include financial
disadvantage as a result of changed entitlements to shift allowances or
overtime;
(e) situations
where part time or full time employees are not prepared to undertake training
or redeployment as a result of technological or operational changes which
require such training or redeployment; provided that the proposed training or
redeployment is agreed by the company and the union to be reasonably within the
employee’s capability;
(f) short term
reductions in the company’s labour requirements which can be managed pursuant
to clause 4 of this agreement; or
(g) the sale or
transfer of some or all of the company’s business where continuity of
employment is offered to employees.
"The company" means Bartter Enterprises and
Steggles Foods Products Pty Ltd.
"The union" means the AMIEU.
"Week’s pay" means the applicable rate of pay
used to calculate the employee’s normal weekly rate of pay for the days worked
per week for an employees length of service prior to the date of termination. A
week’s pay in the case of part time employees means the applicable rate of pay
used to calculate the employee’s normal weekly rate of pay for the average of
the aggregate days worked per week for an employees length of service prior to
the date of termination. Where employees are engaged on annualised salary
agreements, a week’s pay is determined by dividing the annual salary by 52.
"Work Area" means a discrete functional or
geographical part of the company’s operations. The determination of a work area
is by reference to the management structure and accountabilities;
award/agreement classification and/or union coverage.
2. Consultation
Where the company is of the view that a redundancy
situation is likely to occur, it shall convene a meeting with the union. The
company will provide as much relevant information on the circumstances which
may lead to redundancies as is commercially prudent. The company and the union
will jointly seek alternatives to redundancies.
3. Steps to
Avoid Redundancies
Where a redundancy situation appears likely, the
company may seek to minimise the number of such redundancies by:
reducing the hours worked by casual employees;
reducing the number of casual employees;
requiring full time and part time employees to take
accrued RDOs; annual and long service leave; and
reducing the hours worked by part time employees.
4. Selection
for Redundancy
(a) The ideal
outcome of a redundancy situation is one where employees volunteer for
termination of employment, and the company’s operational requirements are met
by the termination of employment of such volunteers.
(b) In the event
that there are insufficient volunteers, or the company’s operational
requirements would not be met by the termination of employment of volunteers;
the company will determine who is to become redundant using the following
criteria:
where possible, the work area where redundancies are
required will be the area in which employees are selected for redundancy;
long term
operational requirements as to employee skills, experience and potential; and
considerations of seniority, equity and fairness.
(c) In the event that
there are more volunteers for redundancy than are required by the company; the
company will determine who is to become redundant using the following criteria:
where possible, the work area where redundancies are
required will be the area in which employees are selected for redundancy;
the company’s medium and long term skill requirements;
and
other things being equal, those employees with the
longest service shall have first preference for redundancy.
(d) Where the
union disagrees with the company’s determination pursuant to this clause, it is
entitled to have the company’s determination reviewed pursuant to Clause 31 of
the award.
5. Notice of
Redundancy
(a) Employees to
be made redundant will receive 4 weeks’ written notice of termination of employment.
(b) During the
notice period, the employee will be provided with paid leave to attend
interviews with alternative employers and employment agencies, and to attend
outplacement support activities; provided that such leave does not cause
unreasonable disruption to the company’s operations.
(c) Where an
employee has been provided with written notice, and finds alternative
employment during the notice period, the employee will be able to terminate
their employment by the provision of 48 hours’ notice. All entitlements arising
pursuant to this agreement will be paid to the employee.
(d) Where an
employee who has been provided with written notice dies during that notice
period, his or her full entitlements pursuant to this agreement will be paid to
that employee’s dependants. Where the company is unable to locate the
employee’s dependant/s, his or her full entitlements pursuant to this agreement
will be paid to the employee’s estate.
6. Payments
Upon Termination of Employment
On the last day of employment, redundant employees will
receive a termination payment based on the following formulae:
(a) 4 weeks’ pay;
(b) a further 4 weeks’ pay for each year of service,
calculated to completed quarters;
provided the total payment made pursuant to sub-clauses
7(a) and 7(b) will not exceed 56 weeks’ pay.
(c) accrued annual
leave entitlements in accordance with the applicable NSW legislation and/or
award; and
(d) accrued long service leave entitlements in accordance
with the applicable NSW legislation and/or award, provided that employees with
not less than 5 years’ service will be entitled to pro rata long service leave.
All payments made pursuant to this clause will be taxed
in accordance with the applicable law. The unions may not make any claim on the
company that is based on any change to the taxation treatment of termination
payments.
7. Assistance
to Secure Alternative Employment
The company will provide outplacement support to
employees who are to be made redundant. The level of outplacement support will
vary depending on the number and requirements of the employees concerned. As a
minimum, the company will, through its preferred outplacement service
provider/s, ensure that those employees who need it receive preliminary
counselling, assistance in establishing a job-search plan, and advice in the
preparation of job applications.
The company and the union will discuss the appropriate
level of outplacement support prior to any program being initiated.
8. Treatment
of Casual Employees
For the purpose of this clause, a "casual
employee" is an employee who receives a casual loading.
Where a part time or full time employee has continuous
service with the company as a casual employee prior to commencing their part
time or full time employment; such service will be treated as part time or full
time service for the purpose of sub-clause 7(b) of this agreement.
A part time or full time employee who has continuous
service with the company as a casual employee prior to commencing their part
time or full time employment will not have that service taken into account for
the purpose of calculating entitlements pursuant to sub-clause 7(c) of this
agreement.
9. Resolution of Disputes
Where the union/s have a grievance or claim in relation to
the application or interpretation of this agreement, it shall be raised in the
first instance with the company’s NSW Human Resources Manager or her nominee.
If the grievance or claim cannot be resolved by discussion, the matter will be
referred to the applicable industrial tribunal for resolution in accordance
with Clause 31 of the award.
Whilst the grievance or claim is being resolved, the union
will not take any form of industrial action.
ANNEXURE 6
BARTTER ENTERPRISES
STEGGLES FOODS PRODUCTS PTY LTD
NSW OPERATIONS
RECORD OF SALARY SACRIFICE ARRANGEMENT
NAME:
PAYROLL NUMBER:
I hereby request that the company commence a salary
sacrifice arrangement on my behalf, commencing with the full pay period ending on.
The amount of the salary sacrifice is:
$_______ per week; or
_______ % of my weekly earnings; or
I understand that the company must approve my request for a
salary sacrifice contribution arrangement.
I understand that my gross earnings will be reduced by an
amount equivalent to the sum specified above.
I understand that the salary sacrifice contribution made by
the company on my behalf is fully preserved - that is other than in special
circumstances, I may not have access to that money or any interest accrued to
it until I reach my preservation age; permanently retire from the workforce in
accordance with the applicable law; die; or become permanently disabled.
I understand that the salary sacrifice contribution made by the
company on my behalf is taxed at 15% as an Employer Superannuation
Contribution; and will count toward the calculation of my Reasonable Benefit
Limit. I also understand that an
additional 15% "surcharge" tax may be payable in some limited
circumstances.
I confirm that the
company has made no warranty as to the tax effectiveness or other benefits
which may arise from this arrangement, and has advised me to seek independent
advice on my personal superannuation position in relation to this arrangement.
Date:
_____________________
Signed by Employee:
_____________________
Witness Name:
_____________________
Witness Signature:
_____________________
Copies: Employee, Pay Office, State HR Manager, Secretary of
Employee’s Union.
ANNEXURE 7
SCHEDULE OF
EMPLOYEES WITH NOVEMBER SICK LEAVE ANNIVERSARY
The employees listed below receive their sick leave
entitlements on 30 November each year in lieu of their anniversaries of
service:
Adams, Robyn
Allardice, Mary
Archer, Brenda
Baker, John
Bannister, Audrey
Broderick, Michael
Cambourne, Dean
Carney, David
Cheers, Gordon
Ciolek, Jersey
Coughlin-Hall, Shane
Crow, Lynette
Cuthberton, Trevor
Day, Debbie
Diamond, Jill
Field, Pat
Fitzpatrick, Anthony
|
Gardiner, Greg
Garland, Kerri
Gibson, Ann
Gilchrist, Jeanette
Harband, Amanda
Herbert, Peter
Johnson, Ann
Keane, Stanley
Kelly, Noel
Lavell, Lyn
Maher, Anthony
Martin, Bev
McDonald, Barry
Moore, Ann
Morris, Robert
Mossman, Veronica
Neate, Irene
|
Norman, Scott
Nowland, Marcia
Osborn, Shirley
Parker, Caroline
Pryde, Marilyn
Randall, Dawn
Ross, Susan
Shelton, Darryl
Smith, Marilyn
Stone, Kathleen
Toner, Bernard
Tull, Margaret
Yarnold, Pat
Yarnold, Phil
|
ANNEXURE 8
UNION DELEGATES
CODE OF CONDUCT
The parties to this Agreement recognise and respect each
other positions and agree to maintain a positive working relationship.
The parties to this Agreement recognise all employees’
individual right of choice to join a Union and to be represented in the workplace.
The following is the agreed code of conduct:
1. All employees
including Union delegates and representatives have the right to be treated
fairly and to perform their role without any discrimination in their
employment;
2. The right to
formal recognition by the employer that endorsed union delegates speak on
behalf of Union members in the workplace;
3. The right to
bargain collectively on behalf of those they represent;
4. The right to
consultation, and access to reasonable information about the workplace and the
business;
5. The right to
paid time and/or leave to participate in reasonable Union sanctioned activities
including:
Meetings with and to represent Union members;
Meetings with new employees to regarding the benefits
of Union membership;
Union training;
Representation at industrial tribunals;
Other agreed Union activities.
6. Union
delegates will be entitled to use Company facilities including telephone, fax,
stationery, copiers and notice boards for legitimate Union purposes.
7. The Union
delegate is required to advise their Frontline Supervisor of their whereabouts
when conducting Union related business.
8. The Union
delegate is responsible for following Company policy and procedure and not
disrupting operations in the execution of their role.
9. Trade union’s
are responsible for ensuring that their delegates are properly trained in but
not limited to; grievance and dispute procedures,
10. Union
delegates are responsible for treating others within the Company fairly, free
from hostility.
11. Union
delegates are responsible for maintaining confidentiality when dealing with
issues and only to communicate to appropriately authorised person(s). This will
ensure that there is not a compromise to the integrity of the issue being dealt
with.
ANNEXURE 9
BARTTER
ENTERPRISES LIMITED BERESFIELD OPERATIONS
LOADOUT PERSONNEL
This agreement relates only to those rendering employees who
remained with the company on the closure of the Rendering Plant and shall not
apply to any other employee at this or at any time in the future. Those
employees shall retain the basis of annualised salaries unless they are
transferred by agreement to alternative roles.
1 Salary
Structure
Those employees shall be paid initially the nominal
weekly rate of $840 which is near the established rate through the previous
calculations and contained loadings for shifts with higher penalties than those
intended under the new arrangement. The
general concept of bank hours will be retained with those people employed under
the following arrangements.
1.1 Rostered Days
Off
The rosters shall not normally contain RDO’s as this
was included in the buy out, however due to the normalisation of the weekly
rate after working nineteen days an RDO will be credited. This Day will be
taken by agreement with the Company not Friday Afternoon shift and or can be
paid out by agreement at the rate of $160 for a full day.
1.2 Sick Leave:
It is expected that the three remaining personnel will each
be required to cover absences of the others for three full shift sick days per
year.
1.3 Public
Holidays:
If a person is rostered to work on a Public Holiday
that person is required to work unless instructed otherwise. If the Public Holiday is worked the person
can have either a day added to their annual leave or request payment which will
be at single time (annualised salary rate) for the hours worked. Note:
Single time is already included in the annualised salary.
If a person is rostered to work on a Public Holiday and
is not required to work then that day is taken as a Public Holiday.
Coverage of Public Holidays will be shared evenly
within the three (3) roles.
1.4 Additional
Rostered Time:
An employee can be required to work up to four (4) additional
hours per week for emergencies and or change over with out attracting
payment. Additional time beyond that or
for full shifts will be paid at the nominal hourly rate of $22 by 1.5 times for
all hours worked.
The Load-out employees must provided coverage for
additional time when the Processing Plant is operating.
1.5 Indexation:
Both the weekly and hourly rate will be indexed in
accordance with the EBA percentages as per the AMIEU Integrated Award.
2 Roster
Arrangements
The roster may be varied by with the needs of the
business. The initial roster for the two Load Out operators shall be a two week
rotation working as below:
|
Week 1
|
Week 2
|
Operator 1
|
Day Shift 7.00 to 3.30
|
Afternoon Shift 3.30 11.30
(11.55 Friday)
|
Operator 2
|
Afternoon Shift 3.30 11.30
(11.55 Friday)
|
Day Shift 7.00 to 3.30
|
It is expected that individuals will arrange mutual
coverage of shifts to accommodate necessary time off at short notice.
The Relief person will become part of the Site Services
and will paid in accordance with their agreement and work the roster.
3 Annual Leave
The provisions of the AMIEU Integrated Award will apply
to the treatment of annual leave other than as provided below:
As the roster is Monday to Friday Four Weeks will apply
Annual leave loading is not applicable to shiftwork. A
20% leave loading, for those employees who are on permanent day work, has been included
in the allowances portion of the annualised salary
Annual leave may be taken in blocks as per the roster
of 5 or more days
On reasonable grounds and by agreement with the
company, employees may take annual leave in blocks of 1 day
4 Sick Leave
Method of Accrual for sick leave will be as per the
Beresfield AMIEU Integrated Award provisions.
Employees whose sick leave requirements are at a level
to affect the efficient operation of the site will have their employment
reviewed.
5 Picnic Day
Picnic days will continue as per the award and will be
taken as per existing arrangements i.e. staggered and to suit both individual
and company or accept the payout option.
6 Duties
These employees will be required to complete any Load
Out and associated cleaning, monitoring of water treatment and any other duties
related to the Integrated Award.
7 Replacement
Employees
Any replacement employee will be paid strictly in
accordance with the Level 4 conditions of the AMIEU Integrated Award.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.