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BARTTER ENTERPRISES STEGGLES FOODS PRODUCTS PTY LIMITED BERESFIELD SITE OPERATIONS AMIEU INTEGRATED AWARD 2005-2008
  
Date01/20/2006
Volume356
Part2
Page No.375
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4217
CategoryAward
Award Code 1663  
Date Posted01/20/2006

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(1663)

(1663)

SERIAL C4217

 

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.

 

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