QUALITY BAKERS AUSTRALIA LIMITED (NSW) ENTERPRISE AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Quality
Bakers Australia Limited.
(No. IRC 4178 of 2002)
Before Commissioner
Bishop
|
6 August 2002
|
AWARD
PART A
Index
PART A
Clause No. Subject Matter
1. Title
2. Statement
of Intent
3. Area,
Incidence and Duration
Section 2 - Conditions Of Employment:
4. Contract
of Employment
5. Hours of
Work
5A. Procedure for
Introduction of Shifts Over 10 Hours Etc
5B. Flexible
Leave Bank System
6. Meals
7. Shift
Work
8. Overtime
9. Payment
of Wages
Section 3 - Leave:
10. Holidays
11. Annual
Holidays
12. Annual
Holiday Loading
13. Long
Service Leave
14. Sick Leave
15. Jury
Service
16. Bereavement
Leave
17. Family
Leave
Section 4 - Classifications And Remuneration:
18. Rates of
Pay
19. Pre
Existing Rate of Pay
20. Other
Rates and Allowances
Section 5 - Human Resources:
21. Settlement
of Disputes and Grievances
21A Anti-
Discrimination
22. Delegates
Recognition
23. Sickness
and Accident Insurance
24. Occupational
Superannuation
25. Shortage
of Money Or Bread
26. Redundancy
27. Uniforms
28. Occupational
Health & Safety
29. Consultative
Committees
30. Labour
Hire Employees
31. Leave
Reserved
PART B
Appendix 1 - Wage Rates
Appendix 2 - Other Rates and Allowances
Appendix 3 - Bakery Classifications
1. Title
This Award shall be known as the Quality Bakers Australia
Limited (NSW) Enterprise Award 2002.
2. Statement of
Intent
This Award reflects a joint commitment by the company, its
employees and the Union to provide workplace and employment conditions under
which the services of Quality Bakers Australia Limited (New South Wales) can be
delivered in an efficient, flexible and profitable manner.
In particular, the intent of the parties is to:
utilise the terms of this Award in a constructive,
managed and co-operative manner in order to ensure a workplace that reflects industry
best practice and supports the long term viability of the Enterprise, and hence
the employment security of the employees.
increase the domestic competitiveness of the Enterprise
by achieving significant and on going improvement in efficiency, productivity,
workplace flexibility and quality of products and services.
increase job scope, ensure job satisfaction and the
quality of working life of the employees.
provide broader career paths for all employees based on
skills and competencies and the contribution they make to the business
performance.
ensure the development of participative
management/employee decision making processes which support the contribution of
employees on all work related issues.
provide high standards of Occupational Health and
Safety, equality of employment and exclusion of discrimination in any form.
recognise that the company has the right to make
changes to its operations in the best interests of the business.
3. Area, Incidence
and Duration
(i) This Award
shall rescind and replace the Quality Bakers Australia Ltd (NSW) 2000
Enterprise Award published 12 January 2001 (321 I.G. 604), as varied.
(ii) This Award
shall apply to all apprentices to trades declared for the purposes of the Apprenticeship and Traineeship Act, 2001
by the Industrial and Commercial Training
(Declared Trades and Declared Callings) Orders, 1989 and to all other
classes of employees of Quality Bakers Australia Limited within the
jurisdiction of the following Industrial Committees:
Baking Industry (State) Industrial Committee
Engineers, &c. (State) Industrial Committee, the
Boilermakers, &c. (State) Industrial Committee and the Sheet Metal Workers,
&c. (State) Industrial Committee
Electricians, &c. (State) Industrial Committee
Clerical and Administrative Employees (State)
Industrial Committee
provided that employees whose terms and conditions of
employment are governed by any of the following Awards:
Metal, Engineering and Associated Industries (State)
Award
Electricians, &c. (State) Award
Clerical and Administrative Employees (State) Award
shall continue to have their terms and conditions of
employment governed by those Awards except that the following clauses of this
Award shall apply to those employees in lieu of any like clauses in the Awards
nominated above and that no payments or increases to rates of pay, other than
those specified in this Award, shall be paid to those employees.
Clause 2 - Statement Of Intent
Clause 5B - Flexible Leave Bank
Clause 18 (i) - Rates of Pay
Clause 23 - Sickness & Accident Insurance
Clause 26 - Redundancy
(iii) This Award
shall take effect from the beginning of the first full pay period commencing on
or after 6 August 2002 and shall remain in force until 31 January 2005.
(iv) The parties
agree that no later than three (3) months prior to the expiration of this
Award, discussions shall commence regarding the desirability and content of a
future Award.
4. Contract of
Employment
(i) Contract Of
Employment
(a) Full Time
Employment
(i) Full Time employees
are those regularly engaged for no less than an average of 38 ordinary hours
per week and no more than an average of 40 ordinary hours per week. A full-time employee shall not be required
to work as a part-time employee unless otherwise agreed.
(ii) Employees
engaged to perform Merchandising/Demonstrating duties may agree to work up to
two shifts on any one day provided that the maximum break between shifts is
four (4) hours and that the second shift shall not be rostered to finish later
than twelve (12) hours after the start of the first shift.
(b) Part-time
Employees
Part-time employees shall be engaged to work a regular
number of hours per week under a written agreement. Subject to the exceptions permitted under this clause, each
employee’s written agreement shall specify the days of the week upon which
ordinary hours are to be worked, the number of ordinary hours to be worked on
each of those days and, in the case of employees engaged to perform
Merchandising/Demonstrating duties, whether that work is to be performed in one
or two shifts. This written agreement
may be varied at any time, either for an indefinite or specified period, by
agreement between the employer and the employee directly concerned, subject to
the limitations and procedures specified below:
(i) Ordinary
hours for part time employees shall be between an average of twelve (12) and
thirty six (36) ordinary hours per week, inclusive. Provided that part time employees may work full-time for defined
periods by agreement under the provisions of subclause (vi) of this clause.
(ii) Other than
for employees engaged to perform Merchandising/Demonstrating duties (refer
(iii) below), the ordinary hours of work shall not be less than four (4) hours
on any day nor more than ten (10) hours on any day.
(iii) For employees
engaged to perform Merchandising/Demonstrating duties:
(a) The ordinary
hours of work shall not be less than one (1) hour on any day nor more than ten
(10) hours on any day;
(b) Such employees
may agree to work up to two shifts on any one day, provided that the second
shift shall not be rostered to finish later than 12 hours after the start of
the first shift;
(c) For the
purposes of this subclause a second shift is defined as any given period of
work which is separated from any earlier period of work on the same day by any
period of unpaid time other than an unpaid meal break given and taken in
accordance with the provisions of Clause 6 - Meals - of this Award. A Merchandiser/Demonstrator cannot be
directed to take an unpaid meal break during any shift which is less than five
hours in duration, nor in any case to take an unpaid meal break which is in
excess of thirty (30) minutes in duration;
(d) A part-time
Merchandiser/Demonstrator who works a shift of less than 5 hours shall be paid
in addition to their ordinary wages, the appropriate short shift allowance
specified in Item 11 of Table 1 of Appendix 2 of Part B of this Award for each
shift actually worked.
(iv) Part-time
employees when on sick leave, paid family leave, annual holidays, long service
leave, jury service, bereavement leave or holidays, shall be paid the amount
which they would have been paid for ordinary hours on the day if they had
worked.
(v) Subject to this
sub-clause, all provisions of this Award shall apply to part-time employees on
a proportional basis.
(vi)
(a) Subject to (b)
below, variations to employee’s part time employment arrangements may be made
by a further written agreement, specifying the hours, days, duration and commencement
date and signed by the employee/employer.
A copy will be provided to the employee.
(b) Where ordinary
hours are reduced, the employee will be advised in writing of the effect on
earnings and other entitlements such as annual, sick and long service leave.
(c) Employees may
refer any issues related to the variation of part time employment arrangements
to their supervisor or union representative.
(vii) Part-time
employees may be engaged as Relief Merchandisers subject to the following
provisions:
(a) The employee's
written agreement shall specify the average number of ordinary hours per week
to be worked, said average to be not less than twenty (20) ordinary hours per
week nor more than thirty (36) ordinary hours per week;
(b) The employee
shall be advised of the roster of actual hours to be worked during any one week
no later than three (3) days prior to the commencement of that week;
(c) The employee
shall be paid each pay day for the hours actually worked during the immediately
proceeding pay period;
(d) Relief
Merchandisers shall, if classified at Level 5, be paid a weekly relieving
allowance in addition to their normal wages as set out in Item 10 of Table 1 of
Appendix 2 of Part B of this Award.
(viii) Employees
employed under this provision may agree, in writing, to be employed as a
flexible part-time employee as defined in Clause (c) below. This is a once only decision and may be made
at any time during the currency of the award.
(c) Flexible
Part-time Provisions
Part-time employees engaged after 13 June 2002 shall be
engaged on the following terms:
(i) The
engagement is subject to a minimum number of hours per week, between 12 and 36
per week, with a minimum daily engagement of 4 hours.
(ii) Overtime to
be paid after 10 hours per day, or the full-time rostered hours for the day
worked in the area the duties are performed, or 38 hours per week, or any work
performed on the 6th or 7th day of the week.
(iii) Employees
engaged under this provision will be required to work reasonable additional
hours to meet operational or customer needs taking into account the employee’s
personal circumstances.
(iv) Subject to
operational needs a part-time employee engaged under these provisions will be provided
as much notice as possible of the daily or weekly rostered hours required.
(v) All conditions
applicable to full-time employees shall apply to part-time employees provided
that leave entitlements shall apply on a pro rata basis according to the average
number of ordinary hours worked, taken over the previous 13 weeks.
(d) Casual
Employees
(i) A casual
employee shall mean an employee who is engaged as such and paid as such.
(ii) A casual
employee may be engaged in an emergency, to supplement weekly employees when
weekly employees are not available or to meet seasonal production
requirements. Subject to (b) (vii) of
this Clause, any employee who is engaged for less than an average of twelve
(12) hours per week shall be engaged as a casual employee.
(iii) Subject to
this sub-clause the provisions of this Award shall apply to a casual employee
save and except the following clauses:
Clause 5B - Flexible Leave Bank
Clause 14 - Sick Leave
Clause 15 - Jury Service
Clause 16 - Bereavement Leave
Clause 17 - Family Leave
(iv) With the
exception of Merchandisers/Demonstrators, the ordinary hours of work shall not
be less than 2 hours on any day nor more than 10 hours on any day. Merchandisers/Demonstrators may be employed
for between one (1) and ten (10) ordinary hours and may work up to two shifts
on any one day.
(v) Casual
employees may be paid through the normal weekly pay process.
(e) Probationary
Employment
(i) A
probationary period of three (3) months will be applied to all new employees,
other than casuals. This probationary period shall commence from the date of
engagement. During the probationary
period, the employee's employment may be terminated by either the employee or
the employer with the giving of two days notice.
(ii) On commencing
employment, probationary employees will be advised as to the performance
standards expected of them and will be provided with adequate feedback through
regular performance reviews during the period of probationary employment.
(iii) If, during
the period of probationary employment an employee resigns or is dismissed by
the employer, the employee is required to surrender any company property in
his/her possession, including any company uniforms issued at the commencement
of employment. Should an employee fail to comply with this requirement, the
cost of the uniforms or other property will be deducted from any monies due to
the employee at the date of termination.
(iv) Casual
employees who are offered permanent employment shall have the period of their
probationary employment reduced by the quantum of time employed as a casual.
(f) Fixed Term
Employees
An employee may be engaged for a specified fixed term
in order to meet peak or seasonal demands, for special projects, to cover
longer term absences such as Parental Leave, or when a special need arises.
(g) Employment of
Apprentices
Apprentices shall be employed in accordance with the
relevant provisions of the Apprenticeship
and Traineeship Act, 2001 and this Award.
The following provisions shall apply in respect of apprentices, provided
the allowances prescribed do not apply to adult apprentices where adult
apprentices are paid in excess of the apprenticeship wage rates specified in
this Award:
(i) The period of
apprenticeship for persons entering the trade of bread manufacturing shall be
as set out in their Deed of Indenture.
The nominal term being four years.
(ii) An apprentice
who gains a pass at the Stage 1 Examination of the trade or correspondence
course shall be paid a margin as set out in Item 1 of Table 1 of Appendix 2 of
Part B of this Award in addition to the award rate prescribed in this Award for
the remainder of their term of apprenticeship commencing from the first pay
period in the calendar year following the examination.
(iii) An apprentice
who completes successfully their full course in the bread manufacturing trade
or correspondence course of technical training shall be paid a margin as set
out in Item 2 of Table 1 of Appendix 2 of Part B in addition to the margin
prescribed by paragraph (ii) of this sub-clause, and in addition to the Award
rate prescribed within this Award for the remainder of their term of
apprenticeship commencing for the first pay period in the calendar year
following the examination.
(iv) An apprentice
who passes at all stages of the trade course in the period normally required
for its completion and whose workshop performance is satisfactory shall, during
the last six months of apprenticeship or the balance of apprenticeship
whichever is the less, be paid at the rate, including shift penalty rates,
prescribed for a tradesperson under this Award.
(v) An apprentice,
whose place of work and of residence are so situated that it is reasonably
practicable for the apprentice to attend a college which conducts the trade course,
shall attend such college for study in the trade course for the period
necessary for him to qualify in the course and shall repeat any stage or any
subject in a stage of the course which he/she has failed to complete
satisfactorily; provided that an apprentice who, due to circumstances beyond
his/her control, fails in any subject of the course, may continue with the
course beyond the normal duration of the course if reports from the college
show that satisfactory progress is being made; and provided further that an
apprentice who fails in any stage of the course may progress to the next stage
of the course if permitted to do so by the college under an arrangement
approved by the Department of Technical and Further Education.
(vi) The college
fees for instruction of each apprentice shall be paid by the employer for each
year of the trade course or correspondence course.
(vii) Any apprentice
who is given time off during ordinary working hours for the purpose of
attending at a college for instruction and fails to so attend shall not be paid
for such time off.
(viii) An employer
shall reimburse to an apprentice all fares reasonably incurred in attending the
college.
(ix) An employer shall
co-operate with the technical college in the training of an apprentice in the
manner recommended by the technical college.
(x) An apprentice
who is not obliged to attend the trade course in accordance with sub-clause (v)
of this clause shall study the trade course by correspondence, as conducted by
the College of External Studies of the Department of Technical and Further
Education. For the purpose of taking full advantage of the instruction by
correspondence, the apprentice to whom this subclause shall apply, during
ordinary working hours, shall study to carry out assignments of this course for
two hours each week, and the employer shall pay such apprentice his wage and
shift penalty rates during such time.
(xi) During each
stage of the correspondence course referred to in paragraph (viii) of this
sub-clause, the apprentice shall attend a technical college for training for
such period as is required from time to time by TAFE, provided that
satisfactory progress has been made with correspondence lessons. Such
attendances shall not be undertaken during the period of annual leave, and the
employer shall pay all fees, fares and reasonable accommodation expenses in
connection with the training for each period of four weeks not otherwise made
by the Government of NSW.
(h) Termination Of
Employment
(a) Notice of
Termination by Employer
(i) The employer
must not terminate an employee's employment unless:
(a) the employee
has been given either the period of notice required by subsection (ii) below,
or compensation instead of notice; or
(b) the employee
is guilty of serious misconduct, that is, misconduct of a kind such that it
would be unreasonable to require the employer to continue the employment during
the notice period.
(ii) The required
period of notice shall be:
Employees period of continuous service
|
Period of notice:
|
with the Employer:
|
|
Not more than 1 year
|
1 week
|
More than 1 but not more than 3 years
|
2 weeks
|
More than 3 years but no more than 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
The period of notice is increased by one week if the
employee is over 45 years old and has completed at least 2 years continuous
service with the employer.
(iii) Payment in lieu
of notice shall be made if the appropriate notice period is not given. If appropriate, part of the period may be
worked out, and the remainder shall be paid out.
(b) Notice of
Termination by Employee
Employment may be terminated by the employee by giving
one week's notice to the employer, at any time during the week, or by the
forfeiture of one week's wages in lieu thereof.
(c) The period of
notice may be waived with the mutual agreement of both parties.
(d) When employment
is terminated, wages and any other payments due shall be paid at the completion
of the last week of employment.
(e) Except when
absent on approved paid leave, an employee not attending for duty shall lose
pay for the actual time of such non-attendance.
5. Hours of Work
(i) The ordinary
hours of work for employees other than part-time employees shall not be less
than an average of thirty eight (38) per week, nor exceed an average of forty
(40) per week. Rostered ordinary hours
of work shall not exceed fifty (50) in any seven day period.
(ii) The ordinary
hours of work for part-time employees shall be as provided in Clause 4(b).
(iii) The ordinary
hours of work prescribed herein may be worked on any day Sunday to Saturday.
(iv) Subject to
Clause 5A below, the ordinary hours of work shall be worked on not more than
five consecutive days per week provided that by agreement between the employer
and the majority of employees affected, the ordinary hours of work may be
worked over non-consecutive days of the week.
(v) Subject to
Clause 5A below, the ordinary daily hours of work shall be:
(a) for full-time
employees, not less than six (6) hours nor more than 10 hours per day;
(b) for part-time
employees, not less than four (4) hours nor more than 10 hours per day,
provided that employees engaged to perform Merchandising/Demonstrating duties
may be employed for one (1) or more hours per day provided that the span of
ordinary hours does not exceed twelve (12) in any one day.
(c) for casual
employees, not less than two (2) hours nor more than 10 hours per day, provided
that employees engaged to perform Merchandising/Demonstrating duties may be
employed for one (1) or more hours per day.
(vi) Circumstances
may arise where different work rosters will apply to various groups or sections
of employees in the factory or establishment concerned.
(vii) Other than in
circumstances provided for in Clause 4(i)(b)(iii), the ordinary hours of work
prescribed herein shall be worked continuously except for meal breaks. Provided further that an unpaid meal break
given and taken in accordance with the provisions of Clause 6, Meals, of this
Award shall not cause any single shift of work to be treated as two separate
shifts for any purposes of this Award
(viii) Crib Breaks
for Delivery Drivers
Where an employee is engaged as a Delivery Driver,
hours of work shall be rostered to provide for a paid crib break of not less
than twenty minutes, which shall be counted as time worked.
5A. Procedure for the
Introduction of Shifts Over 10 Hours Or Over More Than 5 Successive Shifts
Flexibility in the designated patterns of work will optimise
work effectiveness, offer the Company greater opportunities to respond to
market and customer requirements and provide employees with greater scope for
balancing work and family commitments. The parties to this Award are committed
to the following procedure for the introduction of shifts in excess of ten
hours and up to twelve hours, and/or of rosters incorporating more than five
successive working days.
(i) The Company
will provide information on the causes of and nature of the proposed changes
including Occupational Health and Safety considerations and all aspects of the
proposed change will be fully discussed with all affected employees.
(ii) No roster
will be introduced under the provisions of this clause unless each employee
required to work under the proposed new roster agrees to its introduction. Furthermore, no roster will be introduced
under the provisions of this clause where doing so would make it economically
and/or organisationally non-viable for those employees in the affected section
who wish to do so to continue working under their current roster/s.
(iii) The change
will be reviewed at the end of an agreed period. This review will include
Occupational Health & Safety considerations.
(iv) Each roster
shall provide an average of at least two rest days for each seven days covered
by the full roster cycle, with each rest period normally being a minimum of two
consecutive days.
(v) A twenty
minute paid crib break is to be taken between the eighth and tenth hours of any
twelve hour shift at time mutually agreed between the employees and the
company.
(vi) Any dispute
arising from these arrangements shall be processed through the Settlement of
Grievances and Disputes procedure outlined in Clause 21 of this Award.
(vii) Following the
review of new arrangements, new employees may be engaged under the above work
roster arrangements provided that the roster details are provided prior to the
acceptance of the position.
(viii) The Union
shall be provided with full details when such rosters are implemented.
5B. Flexible Leave
Bank System
The intention of the Flexible Leave Bank System is to
provide permanent employees with paid time off to attend to personal or other
matters, and to provide greater choice to employees for the taking or cashing
in of accumulated hours worked. The
principles of the Flexible Leave Bank System are as follows:
(i) As at the
commencement of the Quality Bakers Australia Limited 1997 Enterprise Award, all
permanent employees shall decide whether or not they wish to participate in the
Flexible Leave Bank System. Employees shall be given the opportunity to make a
similar election at the end of 12 months, or in any circumstance where an
employee has their weekly ordinary hours increased from 38 to 40 hours or
reduced from 40 to 38.
(ii) Notwithstanding
(i) above, all existing entitlements to Rostered Days Off will be converted to
this system at the date of ratification of this Award and at the hourly rates
payable under this Award.
(iii) Credits for
the Flexible Leave Bank will accrue by deducting 5% from each employee's
ordinary time Award wages (inclusive of all ordinary time penalties and all
purpose allowances but exclusive of overtime payments) and by crediting the
amount deducted to the employee's Flexible Leave Bank.
(iv) An employee
and his/her supervisor may mutually agree to the taking of Flexible Leave at
any time, for any purpose, and over any desired period.
(v) Where mutual
agreement cannot be reached then, subject to sub-clause (vii) below, leave of
one or more complete days, up to the amount accumulated in an employee's
Flexible Leave Bank, shall be granted to the employee upon 14 days written
notice being given to the employer. A
period of 14 days written notice shall also be required for the cashing in of
credits held in an employee's Flexible Leave Bank.
(vi) Credits taken
in the form of leave will be deducted from the employee's leave bank at the
appropriate hourly rate including all ordinary time penalties and all purpose
allowances, so that an employee taking leave under the provisions of this
clause shall receive the same ordinary time payment as he/she would have received
had the leave not been taken.
(vii) Management may
specify minimum staffing requirements for each work section so that there is
minor disruption to the operational processes, provided that the minimum shall
not be more than 85% of full time equivalent employees engaged in that
section. If such a minimum is specified
then an employee may be refused access to Flexible Leave where granting that
leave would cause the staffing level in the employee's section to fall below
the specified minimum, even though 14 days written notice has been given. Employees who are refused leave under this
provision shall be given priority when the staffing level in their section
recovers. The parties accept that
additional levels of casual employees may be initially required to supplement
and support existing employee resources.
(viii) During the
first pay week in June each year, all credits in excess of $2,000.00 will be
paid out to full time employees, and all credits in excess of $1,000.00 will be
paid out to part time employees.
(ix) The minimum
amount of credits that may be cashed at any one time is $200.00 by full time
employees, and $100.00 by part time employees.
(x) No leave
loading is paid on leave taken under the Flexible Leave Bank
(xi) The Flexible
Leave Bank will be administered by the Pay Department. All accrued credits will
be recorded in the employee's Flexible Leave Bank via the current time sheet
arrangement. Wages slips will display an employee’s available credits each
week.
(xii) Where an
employee ceases employment with the Company any credits owing to that employee
shall be paid out upon termination.
(xiii) Grievances or
disputes regarding the Flexible Leave Bank arrangements will be resolved
through the Settlement of Grievances and Disputes process detailed in Clause 21
of this Award.
(xiv) Credits will
continue to be deducted during periods of paid leave in accordance with (iii)
above (except for periods of Workers Compensation Leave).
6. Meals
(i) Each employee
must take and each employer must give on each day at least half an hour for a
meal after the expiration of 3 hours and commencing within 5 hours of starting
work.
(ii) An employee
not commencing a meal break within 5 hours of starting work shall be paid
double time until a meal break is taken with a minimum of one half hour's pay
at such rate.
(iii) Meal breaks
shall not count as time worked.
(iv) An employee
required to work overtime for 2 hours or more without being notified at least one
day before, shall be paid a meal allowance as set out in Item 9 of Table of
appendix 2 of Part B of this Award.
(v) The meal
breaks prescribed in this Clause shall be given and taken so as not to
interfere with the continuity of work and at times mutually agreed between the
employer and the employee
Notation: Note: Delivery Drivers shall be entitled to a
twenty minute paid crib break (See also Clause 5(viii).
7. Shiftwork
(i) Except at the
regular changeover of shifts and with respect to "split shift"
arrangements, an employee shall not be required to work more than one shift in
each 24 hours.
(ii) Roster: Shift
rosters shall specify the commencing and finishing times of ordinary hours of
work of the respective shifts. The time of commencing and finishing shifts once
having been determined may be varied by agreement between the employer and the
majority of employees affected to suit the circumstances and needs of the plant
or establishment or in the absence of agreement by fourteen days' notice of
alteration given by the employer to the employee.
(iii) Minimum time
off between shifts: 10 hours
If the next shift is scheduled to commence before ten
hours has expired, the employee shall be entitled to be absent from work on
that shift until he/she has had ten hours off duty without any deduction being
made in ordinary pay or shift penalty payable for such absence.
(iv) Roster
Variations: Shift rosters shall specify
the commencing and finishing times of ordinary hours of work of the respective
shifts. The time of commencing and finishing shifts, once having been
determined, may be varied by agreement between the employer and the majority of
employees affected to suit the circumstances and needs of the plant or
establishment or, in the absence of agreement, by fourteen days' notice of
alteration given by the employer to the employee.
(v) Rotation of
shifts: Shifts may be rotated. Different methods of rotation may apply in
respect of particular groups or sections of employees in a plant or establishment.
Where shifts rotate, the rotation may be weekly, fortnightly, four-weekly or at
such other interval as-may be agreed from time to time between the employer and
the majority of the employees affected.
(vi) A weekly
employee working as part of a shift roster (not an employee whose ordinary role
it is to relieve) who is required by management to change shifts, for the
purpose of replacing another employee who is on leave, shall not suffer any
reduction in ordinary earnings whilst on that shift, provided that such leave
does not exceed 5 weeks in duration.
(vii) Shift
Allowance for ordinary hours of work (% of ordinary hourly rate of employees
classification for each hour worked)
(a) Between
midnight Sunday and midnight the following Friday
(Between 6.00pm one day and 4.00am the following day)
20%
(b) Between
midnight Friday and midnight Saturday 30%
(c) Between
midnight Saturday and midnight Sunday 70%
(d) Public Holiday
Payment of 150% in addition to the normal hourly rate
(inclusive of any applicable shift allowance) or a total of 250%, whichever is
the greater, provided that Casual employees shall receive a maximum of 250%.
(viii) From 1
February 2003, the span of hours referred to in (vii)(a) above will change from
"Between 6.00pm one day and 4.00am the following day" to
"Between 6.00pm one day and 6.00am the following day".
(ix) From 1
February 2004, the shift allowances referred to in (vii) above shall change to
the following:
(a) Between 6.00pm
one day and 6.00am the following day 20%
(b) Between
midnight Friday and midnight Saturday 50%
(c) Between
midnight Saturday and midnight Sunday
100%
(d) Public Holiday
Payment of 150% in addition to the normal hourly rate
(inclusive of any applicable shift allowance) or a total of 250%, whichever is
the greater, provided that Casual employees shall receive a maximum of 250%.
8. Overtime
(i)
(a) Overtime
Arrangements to apply until 30 June 2002. All time worked by an employee in excess
of or outside the employee's ordinary hours of work shall be overtime and shall
be paid for at the ordinary hourly rate plus 40 per cent of the ordinary hourly
rate for the first two hours on any day, and at the ordinary hourly rate plus
90 per cent of the ordinary hourly rate thereafter.
(b) Overtime
Arrangements to apply until 30 June 2002.
All overtime worked on a Sunday shall be paid at the ordinary hourly
rate plus 90 per cent of the ordinary hourly rate.
(c) Overtime
Arrangements to apply from 1 July 2002. All time worked by an employee in
excess of or outside the employee's ordinary hours of work shall be overtime
and shall be paid for at the ordinary hourly rate plus 50 per cent of the
ordinary hourly rate for the first two hours on any day, and at the ordinary
hourly rate plus 90 per cent of the ordinary hourly rate thereafter.
(d) Overtime
Arrangements to apply from 1 July 2002. All overtime worked on a Sunday shall
be paid at the ordinary hourly rate plus 100 per cent of the ordinary hourly
rate.
(e) All overtime
worked on a holiday, as provided for in clause 10, Holidays, shall be paid at
twice the ordinary hourly rate plus 50 per cent of the ordinary hourly rate.
(ii) Other than
for employees engaged to perform Merchandising/Demonstrating duties, where an
employee works overtime on any day and such overtime does not immediately
precede or follow ordinary hours of work, an employee shall be paid for a
minimum of four hours overtime at the appropriate rate. Where an employee who is engaged to perform
Merchandising/Demonstrating duties works overtime which is less than five (5)
hours in duration and which does not immediately precede or follow ordinary
hours of work then that employee shall be paid in addition to the payment under
(i) above, the appropriate overtime shift allowance specified in Item 12 of
Table 1 of Appendix 2 of Part B for each shift actually worked.
(iii) Rest Periods
After Overtime:
(a) When overtime
is necessary it shall, wherever reasonably practicable, be so arranged that the
employee has at least 10 consecutive hours off duty between the work of
successive days.
(b) An employee
who works so much overtime between the termination of their ordinary work on
one day and the commencement of their ordinary work on the next that they have
not had at least 10 consecutive hours off duty between those times shall,
subject to this sub-clause, be released after completion of such overtime until
the employee has had 10 consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
(c) Failing an
instruction from the employer that an employee should not resume or continue
work without having had such 10 consecutive hours off duty the employee shall
be paid at the ordinary hourly rate plus 70 percent until they are released
from duty for such period and shall then be entitled to be absent until the
employee has had 10 consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
For the purpose of this clause from 30 October 2000 the rate to be
applied will be the ordinary hourly rate plus 90 percent.
9. Payment of Wages
(i) With the
exception of production supervisors, employees shall be paid weekly or in
accordance with such other arrangements as may be agreed between the employer
and the employees affected. Such pay
period shall not be altered without fourteen (14) days notice.
(ii) Where an
employer alters the pay week the employer shall in respect of that week, pay to
each employee then employed, by way of an advance, any moneys earned from the
end of the new pay week until the end of the "old" pay week. In
respect of each week thereafter until such advance has been repaid the employer
may retain twenty dollars ($20) from payments due to the employee. In the event of the termination of
employment before repayment of such advance a further deduction of any balance
required for that purpose may be made from moneys due to the employee. Such
deductions, together with any additional deductions made for that purpose with
the written authority of the employee shall be deductions authorised by this
Award.
10. Holidays
(i)
(a) The days on
which the following holidays are observed shall be award holidays, viz., New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's
Birthday, Anzac Day, Eight Hour Day, Christmas Day, Boxing Day, together with
any other days proclaimed or gazetted as a public holiday for the State. The
picnic day of the Union (which shall be held on the first Tuesday in November
each year, or such other day as agreed between the employer and the employee)
shall also be observed as a holiday, provided that in Queanbeyan, the picnic
day shall be observed as the same day as Labour Day in the Australian Capital
Territory.
(b) For the
purpose of this sub-clause an employee shall be treated as working on one of
the days specified in paragraph (a) if that employee works on a shift which is
worked in order to produce bread for sale on one of such days even though the
shift is not worked on one of such days.
(ii) A weekly
employee normally rostered to work on the above holidays shall be entitled to
the holiday without loss of ordinary time pay or shift penalty, provided that
the employee worked on the working day immediately preceding the holiday day
and/or immediately succeeding the holiday.
Where two holidays fall on consecutive days an employee who worked on
either the working day preceding or the working day succeeding either such day
but not on both shall be paid for the holiday nearer to the said day on which
the employee worked; provided that an employee who produces evidence
satisfactory to the employer that the absence from work on any such a day
before or after a holiday was due to a good and sufficient cause shall not lose
payment for the relevant holiday.
(iii) Where the
company requires production to continue at any site during one of the above
holidays then the following procedures shall apply:
(a) The Company
shall notify employees at the site of the staffing needs (including skills
numbers, and functions required) twenty-eight (28) days prior to the holiday;
(b) The notice
will invite volunteers from casuals, part-time and full-time employees;
(c) Ten (10) days
prior to the holiday of the Company will advise employees whether there is a
short fall for the holiday in question, and details thereof;
(d) The Company
will maintain a list of employees who have worked such holidays and such
employees will be given preference in relation to not being required to work on
the following holiday.
(iv) A weekly
employee rostered off on a holiday, except Easter Saturday, shall be entitled
to one additional day as a holiday which shall be taken as agreed between the
employee and the employer or failing agreement to be added to the employee's
entitlement to annual holidays.
(v) The minimum
number of hours for which an employee is required to be paid when working on a
public holiday shall be five (5).
11. Annual Holidays
(i) See the Annual Holidays Act, 1944.
(ii) Employees who
are engaged in a continuous shiftwork operation and who, as part of that
operation, regularly rotate through the seven days and regularly work Sundays
and Public Holidays shall be entitled to an additional week of annual leave.
(iii) The shift
penalty payments prescribed in sub-clause (vi) of clause 7, Shiftwork, of this
Award shall be regarded as part of the ordinary pay of employees entitled to
such payments for the purposes of the Annual
Holidays Act, 1944.
(iv) An employee
who was engaged as a dough-maker on 3 January 1990, and who has been receiving
additional annual holiday per year shall continue to receive that annual
holiday whilst ever engaged in that capacity.
12. Annual Holiday
Loading
(i) In this
clause the Annual Holidays Act, 1944
is referred to as "the Act".
(ii) Before an
employee is given and takes annual holiday, or, where by agreement between the
employer and employee the annual holiday is given and taken in more than one
separate period, then before each of such separate periods, the employee shall
be paid a loading determined in accordance with this clause.
NOTE: The obligation to pay in advance does not apply where
an employee takes an annual holiday wholly or partly in advance - see sub-
clause (iv).
(iii) The loading
is payable in addition to the pay for the period of annual holiday given and
taken due to the employee under the Act and this award.
(iv) The loading is
17.5% of the employee's ordinary rate of pay for the period of the annual
holiday. For the purposes of this subclause, the "ordinary rate of
pay" shall be based upon the rates applicable from time to time in Table 1
of Appendix 1 of Part B of this Award.
(v) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if not on annual holidays; provided that, if the
amount to which the employee would have been entitled by way of shift work
allowances and weekend penalty rates for the ordinary time (not including time
on a public or special holiday), which the employee would have worked during
the period, exceeds the loading calculated in accordance with this Clause, then
that amount shall be paid to the employee in lieu of the loading prescribed by
this Clause.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such employee continues until the day when
the employee would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with sub-clause (iv) of this Clause applying the
award rates of wages-payable on that day.
(vii) Where, in
accordance with the Act, the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(a) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such annual holiday shall be paid the loading calculated in accordance with
sub-clause (iv) of this Clause.
(b) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable under
the Act such proportion of the loading that would have been payable under this
Clause if the employee had become entitled to an annual holiday prior to the
close down as the employee's qualifying period of employment in completed weeks
bears to 52.
(viii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given and
has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
sub-clause (iv) for the period not taken.
(b) Except as
provided by paragraph (a) of this sub-clause, no loading is payable on the
termination of an employee's employment.
13. Long Service
Leave
(i) See Long Service Leave Act, 1955.
(ii) The shift
penalty payments prescribed by sub-clause (vi) of clause 7, Shiftwork, of this
Award shall be regarded as part of the ordinary rate of pay of employees
entitled to such payments for the purposes of the Long Service Leave Act, 1955.
14. Sick Leave
(i) After not
less than three months continuous service, paid sick leave will be made
available (subject to the provisions of this Award) at the rate of 3.167 hours
per month for each completed month of the first year of employment. Thereafter,
the entitlement to sick leave per year of employment shall be 61 hours.
(ii) Employees on
weekly hiring who, after not less than 3 months' service, are absent from work
on account of personal illness or injury by accident shall be entitled to sick
leave, without deduction of pay, subject to the following conditions and
limitations:
(a) Employees
shall not be entitled to paid sick leave of absence for any period in respect
of which they are entitled to workers compensation.
(b) Employees
shall before the ordinary starting time of the first day of the employees’
absence, unless it is not reasonably practicable to do so, inform the employer
of inability to attend for duty, and as far as practicable, state the nature of
the injury or illness and the estimated duration of the absence.
(c) An employee
shall prove to the satisfaction of the employer that the employee was unable, on
account of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed; provided that for the first three single days for
which sick leave is claimed in a year of employment, a medical certificate
shall not be required.
(d) A part-time
employee shall, subject to the provisions of this clause be entitled to a
proportionate amount of sick leave. The amount of sick leave to which a
part-time employee is entitled in any year shall bear the same proportion to
sick leave prescribed during that year of employment for a full-time employee
as the part-time employee's average number of ordinary hours worked during the
previous six months of employment, or if there is not a 6 month period of
employment then the average number of ordinary hours worked during the actual
period of employment, bears to the number of ordinary hours worked by full-time
employees.
(e) An employee
shall be entitled to sick leave without reduction of penalty rates.
(iii)
(a) The employee's
entitlement under this clause shall accumulate from year to year so long as the
employee's employment continues with the employer, whether under this or any
other Award, so that any sick leave entitlement which has not been allowed in
any year may be claimed by the employee and shall be allowed by the employer
subject to the conditions prescribed by this Clause in a subsequent year of
such continued employment.
(b) For each day's
absence from work, the employee's accrued sick leave entitlement shall be reduced
by the number of ordinary daily hours for which the employee was rostered for
that day in accordance with clause 5, Hours of Work, of this Award.
(c) Where a
business, undertaking or establishment or any part thereof is transmitted from
one employer to another employer and an employee who at the time of the
transmission was employed by the transmitter in that business, undertaking,
establishment or part thereof becomes an employee in the employ of the
transmittee any sick leave which has accumulated and not been taken during the
employment with the transmitter may be claimed by the employee and shall be
allowed by the transmittee subject to the conditions prescribed by this clause
during the employee's employment with the transmittee. Sick leave accumulated
by an employee pursuant to this paragraph shall be deemed to be sick leave
accumulated during the employee's employment with the transmittee. An employee
who was employed by the transmitter at the time of the transmission and
thereafter. is employed by the transmittee shall be entitled to sick leave
during the first 3 months employment with the transmittee notwithstanding
sub-clause (i) of this Clause.
(d) Where an
employee is transferred from the service of an employer being a corporation to
the service of another employer, being a corporation related to the first
employer at the time of the transfer, sick leave accumulated and not taken in
the employ of the first employer shall after the transfer be deemed to be sick
leave accumulated in the employ of the second employer and the employee shall
be entitled to sick leave during the first 3 months of employment with the
second employer.
(iv) For the
purpose of this clause continuous service shall be deemed not to have been
broken by:
(a) any absence from
work on leave granted by the employer; or
(b) any absence
from work by reason of personal illness, injury, or other reasonable cause
(proof whereof shall in each case, be upon the employee); provided that any
time so lost shall not be taken into account in computing the qualifying period
of 3 months.
(v) Service with
the employer before the date of coming into force of this Award shall be
counted as service for the purpose of qualifying for sick leave.
(vi) Employees and
the Employer shall act in good faith and in cooperation of this clause.
15. Jury Service
(i) A weekly
employee shall be allowed leave of absence during any period when required to
attend for jury service.
(ii) During such
leave of absence, an employee shall be paid the difference between the jury
service fees received and the employee's normal rate of pay.
(iii) An employee
shall be required to produce to the employer proof of jury service fees
received and proof of requirement to attend and attendance on jury service and
shall give the employer notice of such requirement as soon as practicable after
receiving notification to attend for jury service.
16. Bereavement Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
in subclause (iii) below.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Family Leave in Clause 17, provided that for the
purpose of bereavement leave, the employee need not have been responsible for
the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(A, B, C, D, E and F) in the said clause 17.
In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
17. Family Leave
A. Use Of Sick
Leave
(i) An employee
with responsibilities in relation to a class of person set out in (iii)(b)
below who needs their care and support shall be entitled to use, in accordance
with this subclause, any sick leave entitlements which accrues after the date
of ratification of this Award for absences to provide care and support for such
persons when they are ill.
(ii) The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care and support of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de factor
spouse of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household.
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) "household"
means a family group living in the same domestic dwelling.
(iv) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee with to give prior notice of absence, the
employee at the first opportunity on the day of absence.
B. Unpaid Leave
For Family Purposes
(i) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person set out in A
(iii)(b) above who is ill.
C. Annual Leave
(i) To give
effect to this clause, but subject to the Annual
Holidays Act 1944, an employee may elect, with the consent of the employer,
to take annual leave not exceeding five days in any calendar year at a time or
times agreed by the parties.
(ii) Access to
annual leave, as prescribed in paragraph A(iii)(b) above, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(iii) An employee
and employer may agree to defer payment of annual leave loading in respect of
single day absences until at least five consecutive annual leave days are
taken.
D. Time Off In
Lieu Of Payment For Overtime
(i) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(ii) Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is an hour for each hour worked.
(iii) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(iv) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
E. Make-Up Time
(i) An employee
may elect, with the consent of their employer, to work "make-up
time", under which the employee takes time off ordinary hours, and works
those hours at a later time, during the spread of ordinary hours provided in
the award, at the ordinary rate of pay.
(ii) An employee
on shift work may elect, with the consent of the employer, to work
"make-up time" (under which the employee takes time off ordinary
hours and works those hours at a later time) at the shift work rate which would
have been applicable to the hours taken off.
F. Other Clauses
Of This Award
(i) The family
leave entitlements contained in this clause shall be read wholly in conjunction
with the following clauses:
Clause 8 - Overtime
Clause 11 - Annual Holidays
Clause 14 - Sick Leave
18. Rates of Pay
(i) All employees
shall receive increases to their Award rates of pay as set out below. These increases contemplate the changes that
the company intends to implement to its operations during the life of this
Award and the contributions that employees shall make to the implementation of
those changes.
(a) 2.5% effective
from the beginning of the first full pay period to commence on or after 1
February 2002.
(b) 3% effective
from the beginning of the first full pay period to commence on or after 1
February 2003.
(c) 2.5% effective
from the beginning of the first full pay period to commence on or after 1
February 2004.
(ii) The minimum weekly
rates of pay for full-time employees under this Award shall be as set out in
Table 1 of Appendix 1 of Part B of this Award.
(iii) Part-time
employees.
Part-time employees shall be paid at the hourly rate of
one thirty- eighth of the appropriate wage rate of this Award.
(iv) Casual
employees.
The hourly rate of pay for casual employees shall be
calculated by dividing the appropriate weekly rate of pay by 38 plus 15 per
cent.
(v)
Rates of pay for
Apprentices:
|
Percentage of Bread
Industry
|
|
Employee Level 3
|
1st Year
|
54%
|
2nd Year
|
62%
|
3rd Year
|
71%
|
4th Year
|
85%
|
19. Pre Existing
Rates of Pay
(i) Notwithstanding
any other provision of this Award no employee to whom this Award applies shall,
while remaining in the employ of the employer by whom or which that employee
was employed in the pay week preceding 3 January, 1990 be paid an amount per
week by that employer which is less than the employee was paid by that employer
under an award provision for the employee's ordinary weekly hours of work plus
shift penalty (if any) for that pay week.
(ii) Provided that
the amount per week specified in (i) above shall be increased as follows:
(a) Eight dollars
($8.00) effective as of 22 May 1995;
(b) An amount
equal to five per cent (5%) of the employee's ordinary time award weekly wage
(inclusive of all ordinary time penalties) effective as at 1 December 1995;
(c) An amount
equal to one per cent (1%) of the employee's ordinary time award weekly wage (inclusive
of all ordinary time penalties) effective as at 1 February 1997;
(d) An amount
equal to one per cent (1%) of the employee's ordinary time award weekly wage
(inclusive of all ordinary time penalties) effective as at 1 July 1997;
(e) An amount equal
to five and one half per cent (5.5%) of the employee's ordinary time award
weekly wage (inclusive of all ordinary time penalties) as at the date of
ratification of the Quality Bakers Australia Limited 1997 Enterprise Award;
(f) An amount
equal to five per cent (5%) of the employee's ordinary time award weekly wage
(inclusive of all ordinary time penalties) effective as at 1 December 1998.
(g) An amount
equal to three per cent (3%) of the employee’s ordinary time award weekly wage
(inclusive of all ordinary time penalties) effective as at 12 January 2000.
(h) An amount
equal to three per cent (3%) of the employee’s ordinary time award weekly wage
(inclusive of all ordinary time penalties) effective as at 30 June 2001.
(iii) Any increases
in Clause 20(d) shall not be absorbed into any make-up pay for
Merchandisers/Demonstrators arising out of the industry
Award made in June 1992.
20. Other Rates and
Allowances
The following allowances shall be paid:
(a) A Leading
operator, other than a Bread Industry Employee Level 1, who is responsible for
a group of more than four people, the achievement of their work task and on the
job training, shall receive, in addition to the rate payable for his/her
classification, an allowance as set out in Item 3 of Table 1 of Appendix 2 of
Part B.
(b) A leading
operator, other than a Bread Industry Employee Level 1, who is responsible for
a group of less than four people, the achievement of their work task and on the
job training, shall receive in addition to the rate payable for his/her
classification, an allowance as set out in Item 4 of Table 1 of Appendix 2 of
Part B.
(c) An employee
who is required to drive a vehicle as part of the conditions of employment
shall be paid an allowance for all purposes of this Award as set out in Item 5
of Table 1 of Appendix 2 of Part B.
(d)
(i) An employee
performing Merchandising/Demonstrating duties who works at a place away from
the bakery and is required by the employer to use the employee's vehicle shall
be paid a vehicle allowance consisting of a flat amount as set out in Item 6A
of Table 1 of Appendix 2 of Part B of this Award and a variable amount for
distance travelled up to 70 kms per shift worked averaged over the pay week as
set out in Item 6B of Table 1 of Appendix 2 of Part B. This allowance will be
adjusted at the end of each 12 months following the date of ratification of
this Award, by the percentage movement during the twelve month period in the
NRMA's total average costs on a 2.2 litre vehicle, new to five years covering
15, 000 kms per annum.
(ii) Where the
Company changes the route of employees performing Merchandising/Demonstrating
duties in a way that increases the distance required to be travelled, relative to
the distance that the employees travel at the time of the making of this Award
or, for new employees, at the commencement of their employment, then the 70km
limit specified in (i) above shall be removed.
Where, however, the employees change their residential address in a way
that increases the distance required to be travelled, relative to the distance
that the employees travel at the time of the making of this Award or, for new
employees, at the commencement of their employment, then the Company shall not
be required to compensate the employees for any additional distance they are
required to travel as a result of the change.
(e) An employee
who has been trained to render first-aid and who is the current holder of
appropriate first-aid qualifications such as a certificate from the St. John
Ambulance or similar body shall be paid an allowance as set out in Item 7 of
Table 1 of Appendix 2 of Part B if appointed by the employer to perform
first-aid duty.
(f) Where an
employee is appointed to be in charge of firing a boiler and is appropriately
certificated by the Department of Industrial Relations, Employment, Training
and Further Education, the employee shall be paid an allowance as set out in
Item 8 of Table 1 of Appendix 2 of Part B.
(g) Any driver who
is required to stay away from home because they have reached the legal maximum
log book driving limit shall be paid an allowance per occasion as set out in
Item 13 of Table 1 of Appendix 2 of Part B.
21. Settlement of
Disputes and Grievances
(i) Procedures
relating to grievances of individual employees:
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedies sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with gradual
steps for further discussions and resolutions at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussions at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) Whilst a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(g) Should the
matter not be concluded or resolved it may be referred to the Industrial
Relations Commission.
(ii) Procedures
relating to disputes etcetera between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with gradual steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) Whilst a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(e) Prior to a
matter being referred to the Industrial Relations Commission of New South Wales
under Clause 21 (ii) of the award, either the employer or the Union dissatisfied
with the position adopted by the other party shall send a draft Section 130 of
the Industrial Relations Act 1996
dispute notification to the other party by facsimile. It is the responsibility of the party sending the draft dispute
notification to verify receipt of the facsimile with the Manager of the Bakery
or the appropriate Executive Officer of the Union.
(f) The parties,
including the Manager of the Bakery and the appropriate Executive Officer of
the Union, shall meet within twenty four (24) hours of the receipt of the draft
dispute notification and attempt, through discussion, to resolve the matter in
dispute.
(g) Should the
matter not be concluded or resolved it may be referred to the Industrial
Relations Commission.
21A. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES
-
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in this Act affects … any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.”
22. Delegates
Recognition
(i) Upon written
notification by the Union, delegate(s) appointed by employees at each site
shall be allowed reasonable time during working hours to interview the Company
or its representative on matters affecting employees whom they represent. Provided that the delegates(s)’ duties do
not unduly interfere with their duties and responsibilities to the Company and
the delegate has notified their manager prior to undertaking such duties.
(ii) Union
delegates shall be granted access to reasonable facilities in carrying out
their duties. This includes but is not limited to the use of a telephone and
facsimile machine.
(iii) Union
delegates will abide by the dispute resolution procedure set out in this
agreement.
23. Sickness and
Accident Insurance
(i) Employees
will be given a choice of funds between the fund nominated by the unions party
to this Award (provided they are union members) and an alternative fund
nominated by the Company.
(ii) The Company
and the LHMU shall jointly review the insurance cover, on a quarterly basis,
and resolve any issues that may arise at that time.
(iii) Both the
Company and the LHMU reserve the right to cease the insurance cover, for any
reason, twelve (12) months after the implementation of the insurance cover or at
every subsequent twelve (12) monthly interval. If this occurs, all employees
shall receive an increase to their ordinary time award wage rate of one and one
half percent (1.5%) at the time of the cessation of the insurance cover.
24. Occupational Superannuation
The subject of superannuation is dealt with extensively by
legislation including the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996
(NSW). This legislation, as varied from
time to time, governs the superannuation rights and obligations of the parties.
Notwithstanding the above mentioned, the following minimum
provisions shall apply:
(i) The employer
shall pay on behalf of each full-time adult employee with six months continuous
service 3% of the employee’s ordinary rate of pay per week in a superannuation
fund meeting the requirements set down by the Commissioner for Occupational
Superannuation.
(ii) The employer
shall pay on behalf of each part-time adult employee with six months continuous
service working more than twenty hours per week 3% of the employee's ordinary
rate of pay into a fund meeting the requirements set down by the Commissioner
for Occupational Superannuation.
(iii) Where an
employee is absent, on leave without pay, whether or not such leave is
approved, no contribution from the employer shall be due in respect of that
employee, in respect of the period of unpaid absence.
(iv) The obligation
of the employer to contribute to the fund in respect of an employee shall cease
on the last day of such employee's employment with the employer.
(v) An employer
who at the date of the variation of this award is already contributing to a superannuation
fund meeting the requirements set down by the Commissioner for Occupational
Superannuation, in accordance with the principles established in the State Wage
Case of December, 1987 shall be exempt from this clause.
(vi) Where an
employer has failed, pursuant to sub-clause (i) & (ii) of this clause to
make application to participate in the fund, the employer shall make
application to participate in the fund and upon acceptance by the Trustees
shall make an initial contribution to the fund, in respect of each employee, as
if the employer had made application to participate in the fund and been
accepted by the Trustees prior to 28 February 1992, after which the employer
shall then continue to make payments as prescribed by this award. Other than for
back-payment contributions, the employee shall not be entitled to:
(a) interest on
contributions; and/or
(b) death and
disability cover,
until such time as the employer becomes a member of the
fund; that is, the date of acceptance by the trustees.
(vii) Contributions
made by the Employer in accordance with this clause, shall be made as follows:
(a) the employer
shall offer each employee a choice between the Australian Retirement Fund (ARF)
and the Goodman Fielder Superannuation Fund.
(b) the employee
shall nominate the fund into which contributions shall be made.
25. Shortage of Money
Or Bread
(i) An employee
shall be supplied with a copy of the loading slip for each load taken during
the day.
(ii) Except in the
case of dishonesty, an employee shall not be required to make good any shortage
of money or bread appearing on the face of the employees book or statement of
delivery unless notified of such shortage of money or bread within 48 hours
after the day on which the entry in the book or statement has been made and
that employee has been given an opportunity of checking same. Saturdays,
Sundays, and holidays are not to be reckoned in the said 48 hours.
(iii) Where the
employee is notified of the shortage within the period prescribed by sub-clause
(ii) of this clause, the employer may, each week, until the whole shortage is
satisfied, deduct an amount on account thereof from the wages due to the
employee: provided that the employee is paid a gross sum not less than
two-thirds of the pay prescribed for an employee by Clause 18, Rates of Pay, of
this award; provided further that in the case of dishonesty or in the case of
termination of services, the full amount of the wages due may be retained by
the employer.
Deductions in respect of shortages notified in
accordance with the provisions of this clause shall commence within 3 months of
such notification and then continue each week until the shortage is repaid,
otherwise the right to deduct shall be forfeited.
(iv) Employees
shall be notified each week of the overs and shortages. Any overs are to be
credited to the employee and shall be available to meet subsequent shortages;
provided that any credit at the end of any accounting quarter may be forfeited
except that shortages and overs in the last two weeks of any quarter may be
offset against overs or shortages in the first two weeks of the next quarter.
(v) For the
purpose of this clause where more than one employee is regularly employed
delivering on any bread run from one vehicle or conveyance, each shall be
supplied by the employer with a book in which the employee shall enter up,
daily, the amount of bread that the employee delivers to each customer served
by the employee and any cash received. This sub-clause shall not apply to an
employee learning the run.
(vi) Unless an
employee is furnished with a list of bread and bread rolls delivered to
customers and cash received on the employee's run by some other person the
employee shall not be responsible for the booking thereof.
(vii) Provided that,
if at any stage, a Full Bench of the NSW Industrial Relations Commission
decides that any part of this Clause is contrary to the Act, the parties, by
agreement, shall amend the Clause to give affect to the decision.
26. Redundancy
A Application
(i) This clause
shall apply in respect of full time and part time employees employed under the
Classifications of this Award but shall not apply to employees engaged as
Territory Sales Managers, or Managers in Distribution, Production or Breadroom.
(ii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specific task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
B Introduction
Of Change
(i) Employer's
Duty to Notify -
(a) Where the
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employers workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this award makes provision for alteration
of any of the matters referred to herein, an alteration shall be deemed not to
have significant effect.
(ii) Employers
Duty to Discuss Change -
(a) The Employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause B(i) above
"Employers Duty To Notify" of this clause, the effects the changes
are likely to have on employees, and shall give prompt consideration to matters
raised by the employees and/or the union in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in B(i) of this clause.
(c) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees
provided that the employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
C Redundancy
(i) Discussions
Before Terminations -
(a) Where the
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subclause B (i), and
that decision may lead to the termination of employment, the employer shall
hold discussions with the employees directly affected and with the union to
which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of (a) above and shall cover,
inter alia, any reason for the proposed terminations, measures to avoid or
minimise the terminations and measures to mitigate any adverse effects of any
termination of the employees concerned.
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
D Termination Of
Employment
(i) Notice For
Changes In Production, Program, Organisation Or Structure -
The notice to be applied to terminations by the
employer for reasons arising from "production", "program",
"organisation" or "structure" in accordance with subclause
B(i) of this clause shall be 4 weeks, or 4 weeks pay in lieu of such notice.
Provided that this period of notice shall be increased by one week if the
employee is over 45 years of age and has completed two years continuous service
with the employer.
(ii) Notice for
Technological Change -
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause B(i) of this clause:
(a) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any other Act amending or replacing either of these
Acts.
(iii) Time Off
During The Notice Period -
(a) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during the week of notice,
to a maximum of five weeks, for the purposes of seeking other employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
Leaving During the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(v) Statement of
Employment -
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Commonwealth Employment Service -
Where a decision has been made to terminate employees,
the employer shall notify the Commonwealth Employment Service thereof as soon
as possible giving relevant information including the number and categories of
the employees likely to be affected and the period over which the terminations
are intended to be carried out.
(vii) Department of
Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by the
Department of Social Security.
(viii) Transfer to
Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in subparagraph subclause B(i) of this clause, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's employment had been terminated,
and the employer may at the employer's option make payment in lieu thereof of
an amount equal to the difference between the former ordinary time rate of pay
and the new ordinary time rate for the number of weeks of notice still owing.
E Severance Pay
(i) Where an
employee is to be terminated pursuant to subparagraph D of this clause, subject
to further order of the Industrial Relations Commission, the employer shall pay
a minimum of three (3) weeks severance pay in respect of each completed year of
continuous service with no maximum limit. Further, employees shall receive
pro-rata entitlements for part years.
However, if the scale below provides a greater benefit
for the employee in such circumstances, then this scale shall be observed:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of Age
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45 Years of Age
& Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Weeks
Pay" means the all purpose rate of pay for the employee concerned at the
date of termination, and shall include, in addition to the ordinary rate of
pay, over award payments, shift penalties and allowances paid in accordance
with this Award.
(ii) Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, the employer may pay a lesser
amount (or no amount) of severance pay than that contained in E(i) above if the
employer obtains acceptable alternative employment for an employee.
F Other
Entitlements
In addition to the notice prescribed in subclause D
above and the severance payments prescribed in E above, employees who are made redundant
shall receive pro-rata Long Service Leave for the entire period of their
continuous service.
G Selection
Criteria For Redundancy
The employer shall select, in consultation with the
Union, employees for redundancy based upon the operational requirements of the
Enterprise including, but not limited to, criteria such as attendance,
performance, length of service, skills, etc.
H Procedures
Relating To Grievance
Grievances relating to individual employees will be
dealt with in accordance with clause 21 "Settlement of Disputes and
Grievances" of this Award.
27. Uniforms
(i) Supply of
clothing: There shall be provided and
maintained in good order and condition, for the use of every person engaged
in-the bakehouse in a manufacturing process, a sufficient supply of clothing
consisting of:
(a) an overall, or
a bib apron or short trousers;
(b) suitable head
covering.
(ii) Provided that
short trousers shall not be provided for the use of any person unless he/she
agrees to wear short trousers. All overalls, bib aprons and short trousers
provided pursuant to this clause shall be of light coloured washable material
and all head covering so provided shall be of light coloured washable or
disposable material. Each such person shall be provided with clean clothing at
least twice weekly.
(iii) An employer
shall provide protective clothing to employees so as to ensure the health,
safety and welfare of such employees in accordance with the requirements of the
Occupational Health and Safety Act
2000. Except in cases of medical
exemptions, employees shall wear and\or use all supplied safety clothing and
equipment, including footwear, as directed by the employer.
(iv) The employer
shall provide an employee handling cash with a money bag, if it is required by
the employee.
(v) Employers
shall provide a waterproof cape or coat to employees when they are required to
work outdoors during wet weather.
(vi) Employees are
responsible for the care and safekeeping of all issues and shall return each article
to the employer on request or on termination of their employment; in default,
the employer may deduct from wages due an amount equal to its replacement value
less reasonable depreciation, having regard to the condition of the item.
28. Occupational
Health and Safety
(i) An
Occupational Health and Safety Committee will be established, and will develop
health and safety policies for the Company operations in accordance with the Occupational Health and Safety Act 2000 (NSW).
(ii) The parties
to this agreement are committed to achieving healthier and safer jobs through
workplace changes aimed at improved efficiency and productivity. This will be
accomplished by establishing a comprehensive approach to managing occupational
health and safety issues which aims to:
(a) Control
hazards at source;
(b) Reduce the
incidence and costs of occupational injury and illness;
(c) Review work
and management practices affecting the inter relationship between efficiency,
productivity, and health and safety;
(d) Provide a
rehabilitation system for workers affected by occupational injury or illness.
29. Consultative
Committees
(i) A
consultative committee consisting of an equal number of company representatives
and LHMU delegates, will be established to assist the company and the LHMU
achieve the objectives of the agreement.
(ii) The committee
will develop its own charter in relation to conduct of meetings, preparation of
agendas, distribution of minutes; timing of meetings; communication to the
workforce and any other issues which might require resolution
(iii) As part of an
on-going process for improvement in productivity and efficiency, consultation
shall continue to take place at the workplace level, through the primary
mechanism of consultative committee, to provide more flexible working
arrangements, improvements in the quality of working life, enhancement of
skills, training and job satisfaction, and positive assistance in the change
process and to encourage consultative mechanisms across the workplace for all
employees. The terms of any arrangement will be as agreed between the company
and the LHMU.
(iv) Notwithstanding
the above, the committee will meet a minimum of 2 times per year.
30. Labour Hire
Agreement
The following shall govern conditions under which the
company will engage a labour hire firm:
1. The company’s
preference is to carry out as much of the site’s operations as possible with
Quality Bakers Australia employees
2. Notwithstanding
the above, there may be occasions which require the use of a labour hire firm.
Generally, the need for a labour hire firm would occur either because
(i) a permanent
vacancy has arisen, or
(ii) a
non-permanent vacancy has arisen of a short term.
3. Where a
permanent vacancy arises, the company may utilise a labour hire firm to recruit
new employees. These employees shall remain employees of the labour hire firm
for no longer than one month. At the
completion of that month those same employees shall be employed by Quality
Bakers Australia as casual employees for a period to be not longer than three
months for such time that they commenced employment at Quality Bakers
Australia. At the completion period the said employee shall be made a permanent
employee.
4. Where a
non-permanent, short-term vacancy arises then Quality Bakers Australia may
engage the use of a labour hire firm only where it is agreed that:
(i) existing
employees of Quality Bakers Australia, either full-time or casual, are unable
to perform the work to be done and;
(ii) that all
other avenues available have been exhausted by the company to cover the
additional work; and
(iii) that the
Quality Bakers Australia employees who have voluntarily elected to go on the
overtime list, have been asked to cover the vacancy
(iv) the company
will inform the LHMU delegate/s of the causes giving rise to the engagement of
a labour hire firm.
(v) The employment
of a labour hire firm will not continue for more than one month; After this the
employee will become a QBA casual employee.
5. Where a
long-term, non-permanent vacancy arises the Quality Bakers Australia will;
(i) offer the
position to an existing Quality Bakers Australia casual or;
(ii) where no
existing casual seeks the position the company may offer the position firstly
to an existing labour hire employee or to a newly recruited labour hire firm
employee. The said labour hire employee will only remain at Quality Bakers
Australia as a labour hire firm employee for no longer than one month, or for a
period mutually agreed between the relevant Department Manager and the Site
LHMU Delegate. Labour Hire employees shall only be engaged for periods in
excess of one month, where such employee is relieving for absences caused by
long service leave, extended annual leave or undefined periods of workers
compensation or sick leave. In the event that the above categories do not meet
particular circumstances, parties may mutually agree on other arrangements.
Following the completion of that month, or agreed period, the employee will
become an employee of Quality Bakers Australia as a Fixed Term Employee
pursuant to Clause 4(e) of this Agreement.
6. Where a
company engages a labour hire firm the company’s contract with the labour hire firm
will include the following provisions:
(i) Casuals will
be invited to be financial members of the LHMU as a pre-requisite to employment
at Quality Bakers Australia.
(ii) Casuals will
be paid according to the terms and conditions of this Agreement.
7. In accordance
with the above, it is also accepted that where a vacancy arise either permanent
or short-term on shift work, the first opportunity to fulfil this vacancy will
be given to existing permanent day shift employees of Quality Bakers Australia.
8 In the spirit
of this clause, the company and LHMU site representative will establish a
review mechanism to monitor and examine the effectiveness of the above clause
so as to ensure that the effectiveness or efficiency of the company operations
does not adversely effect its operation.
31. Leave Reserved
Leave is reserved within the term of the agreement of apply
to make variation in respect of Clause 30 Labour Hire Agreement where the
application of the said clause give ground and reason to do so.
PART B
Appendix 1
Wage Rates
Table 1 - Rates Of Pay
|
Total Rate Per 38
|
Hourly Rate as at
|
Total Rate Per 38
|
Hourly Rate as at
|
Classification
|
hour week as at
|
|
hour week as at
|
|
|
1 February 2002
|
1 February 2002
|
1 February 2003
|
1 February 2003
|
|
$
|
$
|
$
|
$
|
Level 1
|
665.39
|
17.51
|
685.35
|
18.04
|
Level 2
|
609.24
|
16.03
|
627.52
|
16.51
|
Level 3
|
581.23
|
15.30
|
598.67
|
15.75
|
Level 4
|
539.44
|
14.20
|
555.62
|
14.62
|
Level 5
|
511.55
|
13.46
|
526.90
|
13.87
|
Level 6
|
482.06
|
12.69
|
496.52
|
13.07
|
|
Total Rate Per 38
hour week as at 1 February 2004
|
Hourly Rate as at 1
February 2004
|
|
$
|
$
|
Level 1
|
702.48
|
18.49
|
Level 2
|
643.21
|
16.93
|
Level 3
|
613.64
|
16.15
|
Level 4
|
569.51
|
14.99
|
Level 5
|
540.07
|
14.21
|
Level 6
|
508.93
|
13.39
|
Appendix 2
Other Rates And Allowances Table 1
Item
|
Clause
|
Brief Description
|
1 February
|
1 February
|
1 February
|
No
|
No
|
|
2002
|
2003
|
2004
|
1
|
4(i)(g)(ii)
|
Apprentice who gains pass at the Stage
|
|
|
|
|
|
1 Examination of Trade
|
$5.33
|
$5.49
|
$5.63
|
|
|
Correspondence
|
|
|
|
2
|
4(i)(g)(iii)
|
Apprentice who completes his/her
|
|
|
|
|
|
full course in bread manufacturing
|
$14.86
|
$15.31
|
$15.69
|
|
|
trade correspondence course
|
|
|
|
3
|
20(a)
|
Leading operator in charge of
|
$27.27
|
$28.09
|
$28.79
|
|
|
more than 4 people
|
|
|
|
4
|
20(b)
|
Leading operator in charge of
|
$13.63
|
$14.04
|
$14.39
|
|
|
less than 4 people
|
|
|
|
5
|
20(c)
|
Employees required to drive a vehicle
|
|
|
|
|
|
shall be paid an allowance in
|
|
|
|
|
|
accordance with the Licence required
|
$3.27
|
$3.37
|
$3.45
|
|
|
as follows:
|
|
|
|
|
|
Class C
|
|
|
|
|
|
Light Rigid (LR)
|
$26.24
|
$27.03
|
$27.71
|
|
|
Medium Rigid (MR)
|
$34.13
|
$35.15
|
$36.03
|
|
|
Heavy Rigid (HR)
|
$43.29
|
$44.59
|
$45.70
|
|
|
Heavy Combination
|
$62.56
|
$64.44
|
$66.05
|
6A
|
20(d)
|
Merchandiser/Demonstrator
|
|
|
|
|
|
Flat amount
|
$11.15
|
$11.48
|
$11.77
|
6B
|
|
Variable amount
|
21.8 c p/km
|
|
|
|
|
See Clause 20 (d) for future variations
|
|
|
|
7
|
20(e)
|
First-Aid Allowance -
|
$12.20
|
$12.57
|
$12.88
|
|
|
current holder of first-aid qualification
|
|
|
|
8
|
20(f)
|
Employee in charge of firing a
|
$11.69
|
$12.04
|
$12.34
|
|
|
boiler and certified by IRC
|
|
|
|
9
|
6(iv)
|
Meal Allowance - more than 2
|
$8.82
|
$9.08
|
$9.31
|
|
|
hours overtime without being noticed
|
|
|
|
10
|
4(i)(b)
|
Relief Merchandiser
|
$15.27
|
$15.73
|
$16.12
|
|
(vii)(d)
|
|
|
|
|
11
|
4(i)(b)
|
Short Shift Allowance
|
|
|
|
|
(iii)(d)
|
|
|
|
|
|
|
Shift Length of:
|
|
|
|
|
|
1 hour but less than 2 hours
|
$3.24
|
$3.34
|
$3.42
|
|
|
2 hours but less than 3 hours
|
$2.43
|
$2.50
|
$2.56
|
|
|
3 hours but less than 4 hours
|
$1.60
|
$1.65
|
$1.69
|
|
|
4 hours but less than 5 hours
|
$0.83
|
$0.85
|
$0.87
|
12
|
8(ii)
|
Short Overtime Shift Allowance
|
|
|
|
|
|
Shift Length of:
|
|
|
|
|
|
1 hour but less than 2 hours
|
$5.18
|
$5.34
|
$5.47
|
|
|
2 hours but less than 3 hours
|
$4.11
|
$4.23
|
$4.34
|
|
|
3 hours but less than 4 hours
|
$2.73
|
$2.81
|
$2.88
|
|
|
4 hours but less than 5 hours
|
$1.37
|
$1.41
|
$1.45
|
13
|
20(g)
|
Driver - staying away from
|
$24.60
|
$25.34
|
$25.97
|
|
|
home allowance
|
|
|
|
|
|
|
|
|
|
|
|
APPENDIX 3
BAKERY CLASSIFICATIONS
The parties are committed to establishing a timetable during
the life of this Award to develop and implement competency standards as the
basis for a new classification structure.
The following classification structure shall apply until any new
classification structure is implemented.
Bread Industry Employee - Level 6
A Bread Industry Employee Level 6 undertakes for a
period of up to three months induction training which may include instruction
on the enterprise, conditions of employment, introduction to supervisors and
fellow workers, training and career path opportunities, plant layout, work and
documentation procedures, occupational health and safety, food industry
hygiene, equal employment opportunity and quality control/assurance.
General Description
An employee at this level performs routine and
repetitive duties essentially of a manual nature and to the level of his/her
training:
1. Performs
general labouring and cleaning duties; including tidying of work area, stacking
crates, removing rubbish etc.
2. Exercises
minimal judgement;
3. Works under
direct supervision.
4. Maintains
sanitation/hygiene of work area;
5. Demonstrates
good housekeeping procedures;
6. Undertakes
structured training so as to enable him/her to progress to higher levels.
Bread Industry Employee - Level 5
A Bread Industry Employee Level 5 has completed
structured training so as to enable the employee to perform work within the
scope of this level.
(i) General
Description
An employee at this level performs work above and
beyond the skills of a Level 6 employee and to the level of his/her training:
1. Works under
routine supervision or instruction, either individually or in a team
environment;
2. Understands
and undertakes basic quality control/assurance procedures including the ability
to recognise basic quality deviations/faults;
3. Reads
instructions, records activities and utilises basic statistical control
procedures.
Indicative of the tasks which an employee at this level
may perform are the following:
Repetition work on automatic, semi-automatic or single
purpose machines or equipment;
use of selected hand tools;
keeping of simple records;
use of hand trolleys and pallet trucks;
assistance in the provision of on the job training;
routine repetitive tasks;
maintenance sanitation/hygiene of work area; and
awareness of hygiene and importance of microbiological
containment.
(ii) Production
Strand
A Level 5 Production employee must be capable of the
following:
Performing general product handling, labouring and
cleaning duties;
performing the tin change operations;
monitoring line operation at a work station for quality
and consistency.
(iii) Breadroom
Strand
A Level 5 Breadroom employee must be capable of the
following:
Operating a crate washer safely;
maintaining sanitation of area;
loading baskets;
operating bagging machine;
identifying correct bags;
operating cliplocks;
knowing correct product codes;
monitoring quality - (both bread and packaging);
following orders and production runs.
(iv) Sales Strand
A Level 5 Sales employee must be capable of the
following:
Accuracy with figures;
possessing and demonstrating good territory and product
knowledge;
punctuality, diligence and reliability;
performing delivery of bulk loads;
demonstrating good customer relations;
providing customer feedback;
communicating with consumers, supervisors and customer
staff;
recording and maintaining basic records and making
simple written reports.
Bread Industry Employee - Level 4
A Bread Industry Employee Level 4 has a general
knowledge of the employer's operations as it relates to production, breadroom
or sales processes Such an employee shall be trained and capable of operating
flexibly on more than one work station.
(i) General
Description
A Level 4 Employee performs work above and beyond the
skills of an employee at Level 5 and to the level of his/her training:
1. Is responsible
for the quality of his/her own work subject to routine supervision;
2. Works under
routine supervision either individually or in a team environment;
3. Exercises
discretion within his/her level of skills and training;
4. Is trained to
operate machinery and equipment required in the performance of his/her work.
Indicative of the tasks which an employee at this level
may perform arc the following:
Receiving, despatching, distributing, sorting,
checking, packing (other than repetitive packing in a standard container or
containers in which such goods arc ordinarily sold), delivering, documenting
and recording of goods, materials and components;
basic inventory control in the context of a production
process;
basic keyboard skills;
boiler attendant;
operation of mobile equipment including forklifts,
overhead cranes and winch operation;
ability to assess product quality and maintain basic
statistical records; and
assist in the provision of on the job training.
(ii) Production
Strand
A Level 4 Production employee must be capable of the
following:
Understanding the dividing operation and operating machinery;
operating affiliated machinery (dusters, founders, 1st
proof);
understanding the moulding process and be able to set
and adjust.
(iii) Breadroom
Strand
A Level 4 Breadroom employee must be capable of the
following:
Understanding the slicing process and operating
machinery;
operating affiliated equipment (cliplocks, baggers);
effectively operating as an order filler (lines
person).
(iv) Sales
(Distribution) Strand
A Level 4 Sales (Distribution) employee must be capable
of the following:
Maintaining good customer relations;
achieving run sales targets;
communicating with workers and supervisors;
settling accounts;
identifying sales opportunities;
providing good customer service;
general enthusiasm, energy, punctuality and personal hygiene;
having good territorial and product knowledge;
increasing store sales;
providing customer feedback;
possessing good people skills.
Bread Industry Employee - Level 3
A Bread Industry Employee Level 3 is an employee who
holds an appropriate trades certificate, or an employee of equivalent standing,
who has a sound knowledge of the employer's operations as it relates to
production, breadroom or sales processes.
Such an employee shall be trained and capable of
operating flexibly on more than one work station under limited supervision.
(i) General
Description
Indicative tasks performed at this level are:
1. Machine
setting, loading and operation, on more than one machine;
2. basic quality
checks on work of others;
3 lubrication of
machinery and equipment;
4. assistance in
provision of on job training; and
5 recognition
and identification of quality faults, or machine operation faults, rejection of
sub-standard product.
(ii) Production
Strand
A Level 3 Production Employee must be capable of the
following:
Recognising and weighing ingredients;
monitoring dough quality and adjusting accordingly;
operating subsidiary equipment (e.g. broth tanks,
seeder, conveyors, dough dividers etc.);
operating computerised machinery;
understanding the final proof process and operating
machinery;
understanding the baking process and operating
machinery.
(iii) Breadroom
Strand
A Level 3 Breadroom Employee must be capable of the
following:
Responsibility for the make-up and assembly of orders;
checking of loads;
despatching deliveries;
receiving and checking returns.
(iv) Sales Strand
A Level 3 Sales Employee must be capable of the
following in addition to the skills of a Level 4 Sales Employee:
Assisting with on-the-job training of new employees;
possessing good territorial knowledge of sales area or
group sales runs;
relieving salesmen and vendors on short notice.
Bread Industry Employee - Level 2
A Bread Industry Employee Level 2 is required to
exercise skills and knowledge above and beyond an employee at Level 3 and to
the level of his/her training:
Understand and apply quality control techniques;
exercise good interpersonal communication skills;
exercise keyboard skills;
exercise discretion within the scope of this grade;
perform work under limited supervision either
individually or in a learn environment;
perform work which, while primarily involving the
skills of the employee's training, is incidental or peripheral to the primary
task and facilitate the completion of the whole task. Such incidental or
peripheral work would not require additional formal technical training;
be able to inspect products and/or materials for
conformity with established operational standards;
be able to evaluate, analyse and recommend changes to
work station problems and procedures.
Within the production strand a Level 2 employee has a
high understanding of baking technology and practice, including recipe
interpretation and mixing processes, and is capable of operating flexibly
throughout the production area, including dough-making.
Bread Industry Employee - Level 1
A Bread Industry Employee Level 1, who may hold a Trade
Certificate, may be responsible for task allocation, work scheduling within a
plan, training staff, work performance assessment of staff and recommendations
for engagement, termination or promotion of staff.
(i) General
Description
Such an employee exercises skills, knowledge and discretion
above and beyond a Level 2 employee, and to the level of his/her training:
Is able to set up, operate and adjust all machinery and
equipment relevant to his/her work area;
provides guidance and assistance as part of a work
team;
exercises discretion within the scope of this level;
works under general supervision either individually or
in a team environment;
understands and implements quality control techniques.
(ii) Production
Strand
Employees of this level must be of trade or equivalent
qualifications;
being responsible for an operational section, the
employees of this level must be completely competent with all machinery,
equipment and systems relating to this operational section (i.e. equal standard
to each operator).
(iii) Breadroom Strand
Being responsible for an operational section, the
employees of this level must be completely competent with all machinery,
equipment and systems relating to this operational section.
(iv) Sales Strand
Understand the sales operations, especially the
achievement of sales targets through control of orders, product maintenance and
good customer and vendor rapport;
develop new business opportunities;
understand promotional operations;
able to maintain account payments through debt
collection;
responsible for an operation sales section.
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.