QUALITY BAKERS AUSTRALIA LIMITED (NSW) ENTERPRISE AWARD 2002

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 1979 of 2005 )

 

 

AWARD

 

Arrangement

 

PART A

 

SECTION 1 - PREAMBLE

 

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

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 Agreement

31.       Leave Reserved

32.       Anti-Discrimination

 

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 Pty Limited (NSW) Enterprise Award 2005.

 

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 Pty Limited in 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 Limited (NSW) Enterprise Award 2002 published 8 November 2002 (336 I.G. 1116).

 

(ii)        This Award shall apply to all apprentices to trades declared for the purposes of the Industrial and Commercial Training Act 1989 by the Industrial and Commercial Training (Declared Trades and Declared Callings) Orders, 1989 and to all other classes of employees of Quality Bakers Australia Pty Limited within the jurisdiction of the following Industrial Committees:

 

Baking Industry (State) Conciliation Committee

Engineers, &c. (State) Conciliation Committee, the Boilermakers, &c. (State) Conciliation Committee and the Sheet Metal Workers, &c. (State) Conciliation Committee

Electricians, &c. (State) Conciliation Committee

Clerical and Administrative Employees (State) Conciliation Committee

 

provided that employees whose terms and conditions of employment are governed by any of the following Awards:

 

Metal & Engineering Industry (New South Wales) State Award

Electricians (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 22 - Sickness & Accident Insurance

Clause 25 - Redundancy

 

(iii)       This Award shall take effect from the beginning of the first full pay period commencing on or after 27 April 2005 and shall remain in force until 31 January 2007 (the nominal term).

 

(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 Industrial and Commercial Training Act 1989 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)        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 100 per cent of the ordinary hourly rate thereafter.

 

(b)        All overtime worked on a Sunday shall be paid at the ordinary hourly rate plus 100 per cent of the ordinary hourly rate.

 

(c)        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)        Principles of rostering on Public Holidays

 

(i)         The company and the Union acknowledge that the business must be able to be fully operational, 365 days per year, including all public holidays.  This is necessary to meet our customer's specific requirements.  The parties also acknowledge that Goodman Fielder Baking (NSW) must be able to satisfy its customers in order to keep those customers, and therefore to stay in business.

 

(ii)        The parties support the principle that rostering on public holidays must be fair to all employees.  Public Holidays will be worked as per an employee's normal roster unless otherwise agreed with their manager.  The company will notify no later than 10 days out for rostering requirements.

 

(b)        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.

 

(c)        The Picnic Day of the Union (which shall be held on the first Tuesday in November each year, or such other say as agreed between the company and employees) shall also be observed as a holiday.

 

(d)        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.  The exception will be in the case of the Picnic Day of the Union, where the holiday will be the actual Tuesday and apply to those employees working the Tuesday for the production and delivery of bread into the market on Wednesday.

 

(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)       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.

 

(iv)       The minimum number of hours for which an employee is required to be paid when working on a public holiday shall be five (5).

 

(v)        The same sick leave arrangements as for the day prior to and after a public holiday shall apply to the actual public holiday.

 

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 6, 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.

 

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.

 

(v)        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)         A weekly employee (including part-time employees) shall be entitled to a maximum of 2 days without loss of pay on each occasion and on production of satisfactory evidence of the death in Australia of the employee's husband, wife, father, mother, brother, sister, child, step-child, parents-in-law, grandparents or grandparents-in-law.  For the purpose of this sub-clause the words "wife" and "husband" shall include de facto wife or husband and the words "father" and "mother" shall include foster father or mother and stepfather or mother.

 

(ii)        Provided further a weekly employee shall be entitled to a maximum of 2 days' leave without loss of pay on each occasion, and on the production of satisfactory evidence, of the death outside of Australia of the employee's husband, wife, father, or mother and where such employee travels outside Australia to attend the funeral.

 

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.

 

(iv)       "relative" means - a person related by blood, marriage or affinity;

 

(v)        "affinity" means - a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(vi)       "household" means - a family group living in the same domestic dwelling.

 

(vii)      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 1994, 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.

 

(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)       An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under paragraph D (i) of this subclause where such time has not been taken within four weeks of accrual.  Not withstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under D (i) above as an overtime payment or as time off work at the ordinary rate of pay.

 

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.

 

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)        4% effective from the beginning of the first full pay period to commence on or after 1 February 2005.

 

(b)        4% effective from the beginning of the first full pay period to commence on or after 1 February 2006.

 

(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.

 

(i)         An amount equal to two and one half per cent (2.5%) of the employee’s ordinary time award weekly wage (inclusive of all ordinary time penalties) effective as at 1 February 2002.

 

(j)         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 1 February 2003.

 

(k)        An amount equal to two and one half per cent (2.5%) of the employee’s ordinary time award weekly wage (inclusive of all ordinary time penalties) effective as at 1 February 2004.

 

(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.

 

(h)        An employee who is qualified as a Trade Certified Baker (defined as an employee whose qualifications are consistent with the definition of a qualified tradesperson, as per the NSW Apprenticeship and Traineeship Act 2001) will be paid an allowance of $10 per week.

 

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.

 

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. 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 parties to this Award acknowledge that, from time to time, the company supplements its labour force by engaging the employees of labour hire firms.

 

2.          The company’s preference is for its employees to carry out as much of the available work at its sites as is practicable and cost efficient.

 

3.          It is agreed between the parties to this Award that the engagement of employees of a labour hire firm by the company is primarily required to fill short term vacancies that arise at the company's sites from time to time and when these vacancies cannot be filled by the company's existing labour force.

 

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 500 hours. At the completion of 500 hours those same employees shall be employed by Quality Bakers Australia as casual employees for a period to be not longer than three months from 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 500 hours; 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 500 hours, 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 500 hours 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 500 hours, 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.

 

32.  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 the 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 the 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."

 

PART B

 

APPENDIX 1

 

WAGE RATES

 

Table 1 Rates Of Pay

 

 

APPENDIX 2

 

OTHER RATES AND ALLOWANCES

 

Table 1

 

 

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. 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.

 

 

 

F. MARKS  J.

 

 

 

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Printed by the authority of the Industrial Registrar.