KELLOGG (AUST) PTY LTD BOTANY (NUW) CONSENT AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Kellogg (Aust) Pty Ltd.

 

(No. IRC 7538 of 2001)

 

 

AWARD

 

 

1. Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Introduction - A Partnership in a Quality Future

3.         Title

4.         Parties to Award

5.         Operation

6.         Purpose and Application

7.         Declaration

8.         No Extra Claims

9.         Employment Security Policy

10.       Entrance Probation Period

11.       Terms of Engagement

12.       Period of Notice

13.       Casuals

14.       Standing Down of Employees

15.       Production Teams

16.       Workforce Flexibility

17.       Pay for Productivity

18.       Hours

19.       Shift Work Definitions

20.       Shift Allowance

21.       Shift Transfer Procedure

22.       Salary and Payment of Salary

23.       Meal Breaks

24.       Meal Allowance

25.       Absence from Duty

26.       Coverage of Absences

27.       Absence from the Worksite

28.       Absence/Lateness/Leaving Early

29.       Attendance at Communication/Training Programs

30.       Safe Closedown of Processes

31.       Annual Leave/Public Holidays

32.       Annual Leave and Long Service Leave Rostering

33.       Sick Leave

34.       Employee Counselling and Corrective Guidance Procedure

35.       Grievance/Disputes Procedure

35A.    Anti-Discrimination

36.       Summary Dismissal

37.       Certificate of Service

38.       Consultative Committee and On Site Union Activity

39.       Voluntary Redundancy Policy

40.       Long Service leave

41.       Parental Leave

42.       Family/Carers Leave

43.       Bereavement Leave

44.       Jury Service

45.       Uniforms and Protective Clothing

46.       Workers Compensation Procedures

47.       Introduction of Change

48.       Changes to Crewing Levels

49.       Right of Entry

50.       Kellogg Twenty-Five Year Club

51.       Plant Shutdowns

 

Annexure Index

 

Annexure A - Use of Casuals for Cleaning of Machinery/Equipment

Annexure B - Guidelines for Conduct at the Kellogg (Aust.) Pty. Ltd. Botany Site

Annexure C - Kellogg (Aust.) Pty. Ltd. Training Program

Annexure D - Consent Award 2001 - Transitional Arrangements

Annexure E - Break Stations

Annexure F - Company Policies

Annexure G -Guarantee of Employee Entitlements

 

2.  Introduction - A Partnership in a Quality Future

 

The parties to the Award, through active co-operation, will work to maintain the Company’s leadership position in the marketplace by ensuring the Company’s continued growth, by developing each individual employee to their potential.

 

Manufacturing employees at Botany are covered by a single Union. This relationship has many advantages including the opportunity for both parties to design a document, which builds a partnership for the future.  As we move, jointly, to prepare this new guide for the future, we agree to adopt a new set of values:

 

Open communication, trust and co-operation amongst and between the workforce and management.

 

A personal integrity in our daily actions.

 

A respect for fellow employees.

 

Individuals, teams and management responsible for actions and results.

 

A major and consistent focus on the highest quality of manufactured goods.

 

Consistent and continuous employee development, through Company provided training.

 

Aim to become a low cost producer.

 

Freedom of choice for the individual.

 

Promotion of a team based organisation.

 

Participative attitudes, encouraging ideas, suggestions and innovation.

 

Understanding the imperative for change and its implications.

 

By adopting these values we ensure a viable operation with a high rate of investment return, thus enabling the plant’s growth and optimisation of productivity into the future, the improvement of working conditions, securing the future of all stakeholders and providing a quality life by sharing in the benefits of the Company’s growth.

 

3.  Title

 

This Award shall be known as the Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 2001.

 

4.  Parties to Award

 

The parties to the Award are:

 

KELLOGG (AUST) PTY LTD 

Swinbourne Street, Botany, NSW, 2019 ("the Company") and

 

THE NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH,

3-5 Bridge Street, Granville, NSW, 2142 ("the Union")

 

5.  Operation

 

(a)        The Award shall apply to the Company, the Union and its members employed by the Company at Swinbourne Street, Botany in the manufacture of ready-to-eat cereals.

 

(b)        The Award shall bind both Company representatives and delegates of the Union representing the Union during the re-negotiation of the Award, together with any delegates subsequently elected to represent the Union during the term of the Award.

 

(c)        The Award rescinds and replaces:

 

the Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 1999 published 15 December 2000 (321 I.G. 106) as varied.

 

(d)        It is agreed that for the duration of the Award, the rates of pay, classifications and conditions of employment expressed within, are in substitution for all rates of pay, classifications and conditions of employment expressed in the:

 

I.          Storemen and Packers - General (State) Award,

 

II.         Starch and Condiment Makers &c (State) Award.

 

(e)        During the term of the Award, any change in the Awards nominated at subclause (d) (i) or (ii) above that make them more favourable than this Award will be addressed as part of the Award renegotiation for the next term.

 

(f)         For the life of this Award, State Wage Case Decisions will be flowed on in accordance with the principles of such Decisions.

 

(g)        Any term or condition on which the Award is silent will be referred to the Consultative Committee in the first instance, and, if necessary pursued under the Grievance/Disputes Procedure.

(h)        The Award shall continue in force for a period of twenty-four (24) months on and from 21 November 2001, and, after this period, until it is rescinded by the Industrial Relations Commission of New South Wales.

 

6.  Purpose and Application

 

(a)        The purpose of the Award is to:

 

I.          provide a guide for the conduct of the everyday relationship between the Company and its employees,

 

II.         provide guaranteed rates of pay and working conditions for employees and assured levels of production for the Company,

 

III.        provide an environment where employees can develop and grow,

 

IV.        provide a means of settling grievances and disputes without loss to production, in line with the Grievance/Disputes procedure, thereby promoting a climate of industrial peace.

 

(b)        This Award applies only to employees employed by Kellogg (Aust) Pty Ltd in the manufacture of cereal products in the processing, packaging and materials handling departments.

 

(c)        The parties will work to resolve disputes with the minimum delay possible and in the spirit of cooperation as set out in this Award.

 

7.  Declaration

 

The parties declare that this Award has been negotiated so as to be in the interests of both parties and as such, the Award has not been entered into under duress.

 

8.  No Extra Claims

 

It is a term of the Award, that during the currency of the Award, no party will raise any extra claim relating to variations in salary rates or other terms or conditions contained in the Award. However, the Company advises that wage increases can and will be approved, provided the following principles are adhered to:

 

(a)        They are productivity based.

 

(b)        They are mutually agreed.

 

(c)        They are ratified by the Industrial Relations Commission of New South Wales.

 

All parties commit themselves to an Award renewal programme, which shall commence three (3) months prior to the expiry date of the existing Award.

 

9.  Employment Security Policy

 

(a)        The Company policy is to preserve employment. The parties recognise that over the course of time the mix of the jobs and skills required will change. In the event that an employee’s job is displaced by new technology or work methods, the employee will be offered an alternative position together with the requisite training.

 

(b)        In the event that suitable alternative employment cannot be provided to employees who qualify for redundancy payments, the agreed redundancy provisions will apply.

 

(c)        It is accepted that during the term of this Award resignations and retirements will take place. A decision on whether to fill any resulting vacancies will be reviewed by the joint Consultative Committee, based on the business situation existing at that time, however, notwithstanding any other provisions of this Award, the Company commits that, during the term of this Award, the total number of permanent positions available for employees covered by this Award, as agreed with the Consultative Committee and recorded in a document titled "Consent Award 2001- Crew Levels", will be maintained. A copy of this document is held by both the Company and the National Union of Workers.

 

 

10.  Entrance Probation Period

 

During the first twelve (12) weeks of employment, either party may discontinue the employment by the giving of one (1) week’s notice, however each employee shall accrue all entitlements from the date of employment. The Company shall be entitled to pay such notice period in lieu of working.

 

An employee, during the first twelve (12) weeks of his/her employment, will be paid at the Induction salary rate.

 

The Company will not, at any time, use this provision as a method to hire temporary employees.

 

11.  Terms of Engagement

 

Except during the first twelve weeks probation period, employees shall be engaged on a permanent basis.

 

12.  Period of Notice

 

Both the Company and employees (other than a probationary employee) who wish to terminate their employment with the Company shall give notice in accordance with the following scale:

 

Employee’s period of continuous service with the Employer	Period of notice
Less than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

 

Payment for such notice shall be based on the full monetary entitlements normally due to the employee, and where payment-in-lieu is made, the payment must equal the total of all amounts that would have accrued, if the employee’s employment had continued until the end of the notice period.

 

In the case of proven misconduct leading to termination of services, (other than in cases of summary dismissal), the Company will terminate such employee by use of the Employee Counselling and Corrective Guidance Procedure. Except in this case, resignation, voluntary redundancy and retirement shall be the agreed methods of severance.

 

If an employee chooses to leave employment prior to the completion of the notice period, it shall only be by mutual agreement with the Company.

 

During the notice period, resignation may only be withdrawn with the mutual agreement of the Company.

 

13.  Casuals

 

(a)        While it is not the intention of the Company to replace permanent, full-time employees with casuals, the Company shall have the right to utilise casuals to supplement crews in functions identified at subclause (g), and in cases where sufficient permanent operators are unavailable due to either planned or unplanned absences, or to satisfy short term business requirements, in the performance of other work covered by this Award.

 

(b)        In order to properly cover such an eventuality, the Company shall arrange to train a pool of casuals in each area of operation. The training of casuals will be conducted by Kellogg staff members and/or other casuals with the appropriate skills. In the event that the training is conducted by a facilitator, essential facilitator duties may be performed by an appropriately accredited level 5 operator, providing that the level 5 operator remains as part of their system crew.

The training will be conducted on the job and the trainee will be supplementary to the agreed manning levels until the individual is deemed competent. Employees covered by this Award will not be required to train casuals.

 

(c)        The Facilitator will be responsible for organising the work of such casuals although the casual will work as part of the team to which he/she is assigned. The Company recognises the skills of its ex-employees and, as such, preference will be given to suitable ex-employees who register their availability to work for the agency providing casual labour.

 

(d)        Whilst performing tasks identified at subclause (h), shall be paid at Induction level hourly rates*. Whilst performing other work covered by this Award, casuals employed will be paid at Level Two (2) hourly rates*, however, when an ex-employee of Kellogg (Aust.) Pty. Ltd. is performing tasks other than those identified at subclause (h) on a casual basis, such ex-employee shall be paid at the hourly rate applicable to the salary level to which he/she was entitled on his/her last day of employment with Kellogg (Aust.) Pty. Ltd*.

 

*The above rates shall only apply where casuals are engaged on a weekly-hire basis by the Company-nominated outside agency. Where this is not the case, casuals shall be paid at the rate of $21.00 per hour for day shift and $23.50 for night shift, Monday to Friday. Casuals will be paid $23.50 per hour on Saturday and $31.50 per hour on Sunday.

 

(e)        Casuals shall be engaged by the hour on a day-to-day basis. A minimum payment on any day of eight (8) hours will apply, except in cases where a late arrival of a permanent employee occurs. In such circumstances, the casual’s engagement may be discontinued, with no minimum payment to apply. 

 

(f)         Casuals will be provided by an outside agency.

 

(g)        Casual work experience may continue to be available during Christmas school holidays, for sons and daughters of employees, strictly subject to business demands. These casuals may be selected by and employed through an outside agency, and paid at Induction level hourly rates.

 

(h)        Casuals may be utilised to perform the following functions prior to the offering of overtime to permanent employees:

 

I.          Pallecon filling/assembly/tipping,

 

II.         Feeds,

 

III.        Sultana addition,

 

IV.        Material receival, fork lift driving, hand stacking,

 

V.         Bulk packaging,

 

VI.        Bag tipping, filling,

 

VII.      Repack, rework, recycle,

 

VIII.     Batch assembly and tipping,

 

IX.       Cleaning machinery / equipment (as provided for at Annexure A), 

 

X.         Inserts,

 

XI.       Quality Control Belt Inspections,

XII.      Hand packing.

 

(i)         Other than in circumstances provided for at subclauses 38 (k) and (l) of this Award, only after all permanent employees, including those available through the voluntary overtime roster, have been accounted for, will casuals be used to operate Jones Packing Lines, Processing systems, Alvey unitisers or the Silos and Bulk Handling Facility.

 

14.  Standing Down of Employees

 

Although a rare eventuality, external factors such as acts of God, supply or distribution disruptions which are beyond the control of any party to the Award, may result in a protracted stoppage of production.

 

In these circumstances, the Company will, as a matter of policy, maintain earnings for at least two weeks from the resulting stoppage in production, but thereafter may have to directly stand-down employees.

 

If stand-down requirements are identified, the Company will apply to the Industrial Relations Commission of New South Wales for formal stand-down provisions.

 

15.  Production Teams

 

The parties agree to continue working together, building on already agreed work methods and involving shop floor employees within their roster, to further the introduction, design and implementation of teams throughout the production facility. Progress will be continually reviewed by the Consultative Committee to the agreement of all parties. 

 

16.  Workforce Flexibility

 

Work covered by this Award may be performed by any employee covered by the Award who has the required skill and competence.

 

The guidelines covering the flexibility of operation shall be the safety of employees and other persons legitimately on site, the qualifications and the level of skill and competence of the employee involved.

 

An employee who is required by the Company to do work carrying a lower rate than his/her ordinary salary level shall suffer no reduction in pay in consequence thereof.

 

17.  Pay for Productivity

 

The Pay for Productivity Scheme represents the best endeavours of both the parties to reduce manufacturing costs and share in the corresponding savings by achieving agreed goals outlined in the "Pay for Productivity Scheme - Consent Award 2001" document, which is held by the Company and the National Union of Workers.

 

The Pay for Productivity Scheme has evolved with the aim of developing initiatives that should benefit both the Company and it’s employees covered by this Award.

 

The parties agree to monitor the processes and outcomes of the Pay for Productivity Scheme towards these benefits. The parties further agree that the Pay for Productivity Scheme will be reviewed on an ongoing basis. The continuation of the Pay for Productivity Scheme in any subsequent Award can only be with the mutual agreement of both parties. The outcomes of the Pay for Productivity matrix agreed by the parties will be a contributing factor to any future pay increases of employees covered by the Award.

 

18.  Hours

 

(a)        Shift hours will consist of two shifts of twelve (12) hours duration, one day shift and one night shift.

 

(b)        Actual hours worked shall average 42 hours per week.

 

(c)        Day shift shall commence at 7:00am. Night Shift shall commence at 7:00pm. These times may be altered by mutual agreement between the Company and the Union.

 

(d)        To ensure that operational matters existing at the shift-changeover times are communicated effectively to the oncoming shift, work teams shall decide on a shift changeover procedure, in consultation with the Manufacturing Development Manager.

 

(e)        The shift rosters to be worked are as follows:

 

Day Shift

 

WEEK	MON	TUES	WED	THUR	FRI	SAT	SUN
1	On	-	-	On	On	-	-
2	-	On	On	-	-	On	On

 

Night Shift

 

WEEK	MON	TUES	WED	THUR	FRI	SAT	SUN
1	On	On	On	On	-	-	-
2	-	On	On	On	On	-	-
3	-	-	On	On	On	On	-
4	-	-	-	On	On	On	On
5	-	-	-	-	On	On	On
6	On	-	-	-	-	On	On
7	On	On	-	-	-	-	On
8	On	On	On	-	-	-	-

 

19.  Shift Work Definitions

 

"Day Shift" means a shift of twelve (12) hours duration, commencing at 7:00am and concluding at 7:00pm.

 

"Night Shift" means a shift of twelve (12) hours duration, commencing at 7:00pm and concluding at 7:00am.

 

"Shift hours" means twelve (12) hour shifts worked on an average of 42 hours weekly, paid as 38 hours of ordinary time plus four (4) hours at double time and one half (2½). Employees will receive a minimum twelve (12) hour break between shifts.

 

"Crew" means: Crew A and B are the two day shift crews, C and D are the two night shift crews.

 

20.  Shift Allowance

 

The annual salaries for employees covered by this Award shall attract the following shift allowances:

 

Day Shift	6.0 %
Night Shift	29.5 %

 

21.  Shift Transfer Procedure

 

For shift transfers the following basis shall apply:

 

(a)        All vacancies will be internally advertised.

 

(b)        All applications must be in writing to the shift Facilitator or MDM, with a copy to be retained by the applicant.

 

(c)        Selection will be based on the following criteria:

 

I.          First preference will be given to employees within the system in which the vacancy occurs.

 

II.         Where two or more employees who satisfy (I) above apply, the employee with the greatest length of continuous service will be chosen.

 

III.        If there is no candidate from the system, second preference will then be given to an employee from another system.

 

IV.        Of these candidates, length of continuous Kellogg service will determine who gets transferred.

 

V.         Should there be no suitable applicants from within, the job may be advertised externally.

 

(d)        All unsuccessful candidates shall be duly notified and shall have the right to re-apply for future vacancies.

 

(e)        If an employee elects to transfer to a job in another system, then he/she will continue to be paid at the same rate of pay, but will be obligated to undertake all the required training, in line with the Training Policy.

 

(f)         The Company requires that before a person can be transferred there must be a trained replacement for the transferee. This means that although the employee will fill the vacancy, there may be a delay in the transfer process if training of his/her replacement is needed. Transfer will occur within a maximum period of six weeks after a replacement is recruited and has commenced work.

 

(g)        In cases where as a result of a redundancy, resignation, retirement, dismissal, death or total and permanent disablement there is an imbalance on a shift or a crew and no one volunteers to fill the vacancy, the junior employee on the roster and crew with excess employees (based on length of continuous Kellogg service) will be required to fill the vacancy. This employee will continue to be paid at the same rate of pay, but will be obligated to undertake the required training in line with the Training Policy and will be two (2) weeks pay in compensation for the inconvenience.

 

(h)        When an employee is required to temporarily change from one rostered shift to another he/she shall be given at least five (5) calendar days notice of such change, or shall be paid at overtime rates for all time worked by him/her after such change until the expiration of five (5) calendar days notice.

 

(i)         If an employee needs to change shift due to personal problems or hardship for a limited time, he/she may do so, provided the following criteria is complied with:

 

I.          He/she finds someone with the same classification (within their own roster) to swap with.

 

II.         The change is for a maximum of three (3) months.

 

III.        The person may only change shifts once in any twelve (12) month period.

 

IV.        It must be with the consent of the Facilitators and MDM’s of both rosters.

 

22.  Salary and Payment of Salary

 

(a)

 

I.          Salaries shall be paid at fortnightly intervals.

 

II.         The annual salary shall include an amount of two thousand nine hundred and two dollars and seventy three cents ($2,902.73), representing the former roll-in factor under the Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 1996.

 

III.        The annual salary shall be increased by 4.6% as from the commencement of the first full pay period following the approval of the Award by the Industrial Relations Commission of New South Wales. From the commencement of the first full pay period twelve (12) months after the approval of the Award by the Industrial Relations Commission of New South Wales, the annual salary shall be increased by a further 4.6%.

 

(b)        Salaries shall be paid by Electronic Funds Transfer (EFT).

 

(c)        Upon termination of employment, salary due to an employee shall be paid by the following working day.

 

(d)        The Company may deduct from salary due to an employee such amounts as are authorised in writing by the employee.

 

(e)        A record of annual salaries, including overtime rates, is held by the Company and the National Union of Workers.

 

(f)         The Company will make representation to the appropriate bank if, for any reason, the EFT payment into the employee’s account is delayed.

 

23.  Meal Breaks

 

Meal breaks shall consist of three (3) breaks of thirty (30) minutes each and shall occur over two (2) hour periods extending over the second and third hour, the fifth and sixth hour, and the ninth and tenth hour and shall be arranged by the Team, and shall include time for movement between the canteen and work assignment always ensuring that coverage is provided. It is accepted by the parties to this Award that during official meal breaks only, which are to be taken in the Company canteen, employees are entitled to avail themselves of "power naps".

 

24.  Meal Allowance

 

An untaxed meal allowance of $66.71 per fortnight will be paid to each employee. This allowance shall be indexed to price changes in the Company canteen. The Company will provide notification of price changes to the Consultative Committee prior to the changes becoming effective.

 

25.  Absence from Duty

 

When intending to be absent from duty, the employee will telephone the following numbers at least one (1) hour prior to commencement of his/her shift,

 

Processing	(02) 9384-7690
Packing/Materials	(02) 9384-7691

 

and provide the following information:

 

(a)        Name.

 

(b)        Bundy number.

 

(c)        Roster.

 

(d)        Reason for absence.

 

(e)        Expected date of return.

 

Upon returning to work at the commencement of a new calendar year, the Company will issue each employee with a calendar detailing the absence reporting procedure.

 

Failure to notify the Company of any intended absence at least fifty-five (55) minutes prior to the commencement of the shift will result in the application of the Employee Counselling and Corrective Guidance Procedure, unless a satisfactory explanation is provided.

 

In the case of an un-notified absence the Company will endeavour to contact the employee and, in this regard, will seek assistance from the Union delegate.

 

If the employee remains absent for three (3) consecutive days, without advising the reasons to the Company, and attempts by the Company to contact the employee have been unsuccessful, then the employee will be deemed to have abandoned his/her employment and the employment may be terminated.

 

26.  Coverage of Absences

 

The Facilitator will arrange to cover any short-term absence in their areas.

 

Coverage of such short-term absences shall be arranged by:

 

I.          Utilising surplus employees.

 

II.         Reassignment of qualified employees on shift.

 

III.        Use of casuals in functions identified at Clause 13(h) of this Award.

 

IV.        Utilising employees from the voluntary overtime roster. *

 

V.         Use of casuals in the performance of other work covered by this Award.

 

*Voluntary Overtime Roster

 

I.          Before commencing a period during which the employee is rostered off work, he/she will have the opportunity to register their availability for overtime for such period.

 

II.         Should the employee be required to work overtime, he/she will be contacted by the Facilitator. If contact is not made, the overtime opportunity will be offered to the next employee listed on the roster. It is accepted that employees should report for work as soon as possible, but certainly within two (2) hours after contact has been made.

 

III.        Employees who refuse to come in on two (2) occasions will not be eligible for overtime opportunities for a one (1) month period.

 

IV.        At the time of contacting the employee, the Facilitator will inform the employee of the duration of the overtime being offered (minimum eight (8) hours), and the employee will be required to work for that period of time.

 

V.         Employees working overtime will have the option of either,

 

(a)        being paid for all overtime worked at the overtime rate, or, 

 

(b)        having the number of hours of overtime worked "banked" at the time, and taken as leave during plant shutdown periods.

 

VI.        Individual employees will be limited to two (2) overtime shifts per fortnight. Employees cannot work more than five (5) shifts in a row.

 

27.  Absence from the Worksite

 

If it is necessary for an employee to depart from the worksite for any reason during a working shift, then he / she must, prior to departure:

 

(a)        Contact his/her Facilitator in conjunction with his/her team.

 

(b)        Bundy off time clock.

(c)        Change out of uniform.

 

(d)        Notify Security when leaving the site as well as his/her Facilitator in conjunction with his/her team.

 

When the employee returns to the worksite he/she must:

 

(a)        Notify Security upon return to site.

 

(b)        Change into uniform.

 

(c)        Bundy on.

 

(d)        Contact his/her Facilitator/Team to advise of return.

 

While it is understood that in an emergency it may be necessary for parts of this procedure to be suspended, every effort will be made to contact the Facilitator/Team, and in any event, the absence must be reported to Security, who in turn shall notify the Facilitator.

 

If an employee does not follow the above procedure, the Employee Counselling and Corrective Guidance Procedure shall apply.

 

28.  Absence/Lateness/Leaving Early

 

Introduction

 

The Company expects employees, and employees commit themselves, to report for duty as scheduled, so as to operate the Plant in the most efficient manner, provide work continuation and ensure that the workload is fairly distributed amongst all employees.

 

(a)        For the purpose of this clause, absenteeism is defined as any unpaid time, which has not been approved previously by the Company.

 

(b)       

 

I.          An employee shall be responsible for notifying his/her Facilitator of any inability to attend for duty at least one (1) hour prior to the scheduled commencement of his/her shift, or otherwise in accordance with clause 26 of this Award.

 

II.         An employee shall also be responsible for notifying his/her Facilitator of any anticipated lateness for duty, wherever practicable, prior to the scheduled commencement of the shift.

 

(c)        In the event of an anticipated inability to attend for duty, employees shall have the flexibility to provide coverage for each other by swapping shifts with another employee from another Roster, provided that the substitute employee has the same skills, and, provided further, that no employee shall be permitted to work more than five (5) shifts in a row. Such shifts swaps must be approved in conjunction with the relevant Facilitator/MDM.

 

(d)        In the event of anticipated lateness, employees shall have the flexibility to provide coverage for a maximum of one (1) hour, by swapping with another employee from another roster. Where coverage is provided under these circumstances, the twelve (12) hour break between shifts will not apply.

 

Such arrangements shall be approved by the appropriate Facilitator.  No overtime will accrue for the employee staying the additional period.

 

(e)        Employees in (c) or (d) who do not report for duty at the amended day or time, and substitute employees who undertake the relief duty, and do not attend for the full shift (as in (c), or until relieved (as in (d), shall be subject to the Employee Counselling and Corrective Guidance Procedure.

 

(f)         Except in unforeseen circumstances, approval will not be granted for employees to leave work earlier than their normal finishing time, unless approved by the team members in conjunction with the Facilitator and coverage is provided by such team members.

 

(g)        In the event of absences, where an employee is absent and has exhausted his/her sick leave entitlement, such employee will progress one step of the Employee Counselling and Corrective Guidance Procedure for each shift on which they are absent. In cases of employees being subject to this clause for being absent without pay, having exhausted their entitlements to sick leave, step three (3) will be the final counselling step, with step four (4) being dismissal. In cases of unauthorised leave without pay, no probationary period for counselling steps shall apply between anniversary dates.  No employee shall be terminated as a  result of this clause where they use their sick leave via the carers leave entitlement in accordance with this Award, or experience a serious and long term illness (as defined by Clause 33.C.(a) of the Award) resulting in their disablement  for periods in excess of sick leave accruals.

 

(h)        An employee who, over a period of six (6) successive months, either arrives more than thirty (30) minutes late, or leaves early on three (3) occasions shall be subject to the Employee Counselling and Corrective Guidance Procedure. Such lateness will be covered by the remaining team members.

 

(i)         Pay will be deducted for unauthorised lateness or early departure in fifteen (15) minute (i.e, ¼ hour) increments.

 

29.  Attendance at Communication/Training Programs

 

The parties agree that employees may be required to attend communication/training programs from time to time which will occur off-shift.

 

Subject to the following, attendance at the annual communication meeting will be compulsory, whilst attendance at off-shift training programs will be compulsory for up to forty (40) hours per twelve (12) months for all employees. Attendance at off shift training programs in excess of forty (40) hours per twelve (12) months will be voluntary. The Company will not schedule off-shift training on Saturdays and Sundays. Payment for attendance will be made at the overtime rate.

 

Where Training or communication commitments require an employee to attend sessions off their normal rostered working shift the company commits to:

 

(a)        Provide the employee with seven (7) days notice either personally in writing or via notice boards.

 

(b)        Structure Training/communication sessions to be of no more than eight (8) hours and no less than four (4) hours duration each day.

 

30.  Safe Close Down of Processes

 

The Union agrees that, where, a stoppage of work takes place, it will ensure that all necessary steps shall be taken to safely close down all processes without loss or damage to food or production equipment.

 

Pay will be suspended for all employees from the time the Union notifies the Company of a stoppage of work, however, employees who assist in the safe close down of processes will be paid for all hours worked at their regular rates.

 

31.  Annual Leave/Public Holidays

 

(a)        Annual leave shall consist of seventeen (17) shifts.

 

(b)        Payment for annual leave shall be calculated in accordance with the annual salary level for the employee concerned, and shall include shift allowance. In addition, an Annual Leave loading payment shall be paid at the rate of forty dollars ($40.00) per shift.

 

(c)        An employee covered by this Award shall be entitled, without loss of pay, to all days listed below, to be taken on the day upon which the holiday actually occurs.

 

Holiday	Date	Holiday	Date
New Year’s Day	1 January	Anzac Day	25 April
Australia Day	26 January	Queen’s Birthday
Good Friday		Labour Day
Easter Saturday		Christmas Day	25 December
Easter Sunday		Boxing Day	26 December

 

(d)        The Company shall have the right to determine whether or not to operate on any of these days, and if deciding to operate the extent of operation. For employees, working these days will be on a voluntary basis whether rostered on or off. Seven days prior to the day the Company will post its intent to either operate the plant or to shut down for the period. If the plant is to operate, a work schedule and sign-up list for volunteers will be posted. First priority will be given to the crew that would be rostered on for the Public Holiday and then to the other crews based on qualifications, skills and competencies required.   All the time worked on the abovementioned days will be paid at Overtime rates.

 

(e)        For the purposes of calculating overtime payments for employees volunteering to work night shift on a Public Holiday, the "Public Holiday Shift" shall be the shift which commences at 7.00pm on the day of the Public Holiday, e.g., for Australia Day, the Public Holiday shift for night shift employees will be the shift which commences on the evening of 26 January.

 

(f)         The night shift which commences at 7.00pm on the day preceding the Public Holidays nominated at sub-clause (d) above, will be a compulsory shift of twelve hours duration. For those employees working on this shift, the hours worked between midnight and 7.00am will be paid at the overtime rate.

 

(g)        In cases where the Company decides to run production through the night shift "Public Holiday Shift" nominated at subclause (f) above, and an employee elects not to work the "Public Holiday Shift", after having worked the night shift immediately prior, the seven (7) hours between midnight and 7.00am will be paid at the normal salary, inclusive of shift allowance.

 

32.  Annual Leave and Long Service Leave Rostering

 

Work teams shall be responsible for the management of Annual and Long Service Leave within their area, in consultation with the Facilitator and, where necessary, the Manufacturing Development Manager.  The total number of employees on Annual Leave and Long Service Leave shall generally be restricted to 10% of each crew, by Department/Roster, at any one time, unless approved in advance by the Manufacturing Development Manager.

 

Applications for Annual Leave and Long Service Leave in excess of the 10% allowable limit may be approved on the basis that the employee taking the leave is able to be replaced for the period of leave by utilising casual labour. In such cases, notwithstanding the provisions of Clause 14 of this Award, casual labour may be utilised prior to the offering of overtime to permanent employees.

 

Employees must give the Company two (2) weeks notice of their Annual Leave and Long Service Leave plans, and, other than in plant shutdown periods, Long Service Leave must be taken in periods of not less than one month.

 

The Company recognises that unforseen circumstances may arise where unplanned Annual Leave may be required during the year. In such circumstances, application is to be made to the Manufacturing Development Manager for approval.

 

Disputes arising shall be determined by the Director of Operations and the appropriate Union Delegate.

 

 

 

33.  Sick Leave

 

A.        Annual Entitlement

 

An employee who is absent from his / her work on account of personal illness, shall be entitled to leave of absence, without deduction of ordinary pay inclusive of shift allowance, of up to ten (10) shifts per annum subject to the following conditions and limitations. The employee is required to notify the intended absence one (1) hour prior to the commencement of shift.

 

B.         Entitlement Conditions

 

(a)        An employee will inform the Company as early as possible before the start of his/her regular shift, of his/her inability to attend for duty and as far as practicable the estimated duration of the absence.  Where an employee fails to notify the Company prior to the commencement of shift, without satisfactory explanation, he/she will lose claim to sick leave for the whole of such absence.

 

(b)        He/she shall prove to the satisfaction of the Company that he/she was unable on account of such illness or injury, to attend for duty on the day or days for which sick leave is claimed. The Company will require a medical certificate from a qualified Medical Practitioner for more than one (1) consecutive shift absent, but at its discretion may accept a Statutory Declaration.

 

(c)        Sick leave shall accumulate from year to year in accordance with the provisions of section 26 (1) (b) of the New South Wales Industrial Relations Act 1996.

 

C.         Extended Sick Leave Provisions and Conditions

 

The Company is committed to the promotion of both the health and welfare of all its employees through education, training and the provision of modern health care facilities.

 

It is recognised however, that in some cases employees may experience serious and long-term illnesses resulting in their disablement for periods in excess of the reasonable sick leave accruals.

 

The conditions for Company approval of an extended sick leave application are as follows:

 

(a)        The illness or disability to which the benefit will apply shall be one resulting in incapacity for a period of at least four weeks.  The benefit shall not apply to any injury or disability which may be subject to a workers’ compensation claim, nor shall it apply in respect of any disability resulting in any claim for worker’s compensation irrespective of whether or not liability for the claim has been accepted or otherwise.

 

(b)        In accordance with the Extended Sick Leave Benefit and subject to the approval of the Human Resources Director or Human Resources Manager, an employee will be entitled to the maintenance of his/her actual salary, exclusive of shift allowance, during illness up to a maximum period of thirteen (13) weeks in respect of any one period of illness or disablement.  The operation of this subclause shall be subject to ongoing monitoring by the Company during the absence from duty.  Any extension beyond thirteen (13) weeks shall be at the absolute discretion of the Human Resources Director.

 

(c)        Application for assistance under this Policy may be made by an employee after a continuous absence of at least twenty-one (21) calendar days.

 

(d)        Provided that the incapacity or disability extends beyond four weeks:

 

I.          the benefit will become effective immediately after using Twelve (12) shifts of accrued sick leave or

 

II.         in the case of insufficient leave accruals, an applicant shall be required to wait for up to twelve (12) shifts without sick pay to qualify for the benefit.

 

(e)        All applications shall be accompanied by supporting medical evidence.

 

(f)         It is a condition of the Policy that if any beneficiary under this Policy receives any lump sum settlement in the form of damages from any Third Party or which may result from other civil action in respect of the injury or incapacity for which a Benefit has been paid under the Policy the beneficiary shall reimburse the Company the value of the benefit so received.

 

34.  Employee Counselling and Corrective Guidance Procedure

 

The role of counselling and discipline in the workplace should be corrective in nature.  Discipline is aimed at obtaining compliance with the Company’s "Guidelines for Conduct " (see Annexure B).

 

The following procedure, which shall be used for all cases other than those warranting summary dismissal, is designed to encourage and improve good work practices, performance and individual conduct.  The procedures also prescribe steps for guidance, and, in appropriate cases, taking disciplinary action.

 

The Objectives

 

(a)        To encourage and improve good work practices, performances and individual conduct.

 

(b)        To ensure that all matters relating to employee and management conduct are investigated properly, considered reasonably and are dealt with promptly and fairly.

 

(c)        To ensure that every consideration has been given to correcting unsatisfactory performance or conduct.

 

(d)        To ensure that, other than in cases of serious misconduct, severe disciplinary action is taken only as a last resort, following appropriate counselling and after formal warnings have been given.

 

Responsibilities

 

(a)        This procedure is to be observed by Facilitators and Managers at all levels. It is management’s responsibility to make available and known to all employees as appropriate, the standard terms and conditions of their employment, and all rules and regulations relating to their work.  Employees for their part are required to familiarise themselves with these documents and to comply with the prescribed Company rules and statutory regulations.

 

(b)        Infringement of rules will be dealt with on an individual basis, and where appropriate, mitigating circumstances will be taken into account.

 

The Procedure

 

The employee shall be offered the opportunity to have the Delegate present at all steps of this procedure, and the Organiser, if desired by the employee, at the issuing of final warnings and dismissals.

 

Step 1: Counselling (probationary period three (3) months)

 

This shall consist of a verbal warning recorded as a record of interview on the employee’s file and counselling of the employee, so that the employee understands the need for improvement in his/her behaviour or performance. The interview shall be attended by the Employee, Facilitator, and, if requested the Delegate.

 

 

 

 

 

Step 2: Reprimand (probationary period four (4) months)

 

On a second disciplinary occurrence, occurring prior to the expiry of the probationary period set out in Step 1 above, a written warning will be issued to the employee with a copy being placed upon the employee’s file.

 

The counselling shall impress upon the employee, the seriousness with which the Company views the offending behaviour and the interview shall be attended by the Employee, the Facilitator, the Manufacturing Development Manager and, if requested, the Delegate.

 

Step 3: Severe reprimand (probationary period six (6) months)

 

On a third disciplinary occurrence a further written warning shall be issued, a copy of which shall be placed on the employee’s file. Again, the counselling shall impress upon the employee the seriousness with which the Company views the offending behaviour.

 

This interview shall be attended by the Employee, the Facilitator, the Manufacturing Development Manager, or nominated representative and, if requested, the Delegate.

 

Step 4: Final Warning (up to three week suspension without pay and a twelve (12) month probationary period)

 

Should the offending behaviour/performance continue beyond Step 1, 2 and 3, the employee shall be given a written final warning with a copy to the employee’s file. The final warning shall indicate clearly to the employee that any  further transgression will result in dismissal. This interview shall be attended by the Employee, the Facilitator, the Manufacturing Development Manager, or nominated representative, the Human Resources Manager or his/her delegated representative and, if requested, the Delegate. The Delegate shall be given the opportunity to contact the Union Organiser and secure his/her attendance, should this be requested by the Employee.

 

Step 5: Dismissal

 

If Steps 1 - 4 are unsuccessful in bringing about the behavioural change or performance improvement required the Company may dismiss the employee.

 

Should dismissal be necessary, the action shall involve the Manufacturing Development Manager, the Delegate, the Human Resources Manager or his/her delegated representative, the Director of Operations and, if requested, the Union Organiser.

 

I.          The employee shall be stood down on pay, while the matter giving rise to the decision to dismiss is reviewed between the Facilitator, Manufacturing Development Manager and Human Resources Manager or his/her delegated representative. During the process the decision to dismiss will be thoroughly reviewed to ensure that all steps have been correctly followed.

 

II.         The employee shall be called in, on pay, and invited, within a private office and in company with the Delegate, and, if requested, the Union Organiser, to explain the behaviour complained of and asked to explain why dismissal should not proceed.

 

III.        If, following this procedure, a response satisfactory to the Facilitator, Manufacturing Development Manager and Human Resources Manager or their delegated representative, is not given, and the decision to dismiss the employee is confirmed, then the necessary steps will be taken by the Human Resources Manager or their delegated representative, to conclude necessary actions to effect payments, certificates, etc, for the employee concerned, as required by this Award.

 

General

 

Where a serious default in behaviour/performance occurs, but is deemed by the Company not to warrant summary dismissal, the Company may commence action under the clause, at the step which it (the Company) considers appropriate to the seriousness of the offending behaviour/performance. Warnings shall be issued in formal surroundings and shall follow full examination of the alleged misconduct.  The employee shall have full opportunity to respond to any allegations made prior to any warnings being issued under this clause. Each written warning shall outline the nature of the unsatisfactory behaviour or performance.

 

Warnings shall be issued under the procedure for offences as identified within the "Guidelines for Conduct" (see Annexure B).

 

The Employee Counselling and Corrective Guidance Procedure does not apply in cases warranting summary dismissal.

 

35.  Grievance/Disputes Procedure

 

The parties to the Award shall seek to eliminate disputes and grievances, which result in conflict as quickly as possible and to each party’s satisfaction.

 

The aim of the procedure is to resolve issues in consultation and negotiation and at the closest possible point to where they occur. All parties are committed to maximising the internal settlement of disputes on the basis of the facts of the matter.

 

Any dispute involving Safety will be immediately referred to the Director of Manufacturing and Occupational Health and Safety Manager for resolution. Work on other jobs will continue pending settlement of the issue. If the matter remains unresolved and continues in dispute advice will be sought from the Union Safety Officer and the WorkCover Authority.

 

The advice from the WorkCover Authority will be binding on both the Company and Union.

 

During a dispute the status quo, (i.e., the situation which existed immediately prior to the matter giving rise to the dispute) shall remain.  Work will proceed without stoppage, or the imposition of any ban, limitation or restriction while the matters in dispute are being dealt with in accordance with the following steps:

 

Step 1

 

Discussions shall occur between the employee(s), Delegate, the appropriate Facilitator and when available, the Manufacturing Development Manager to attempt to settle the matter at this level.

 

Step 2

 

If unresolved, discussions shall occur between the employee(s), Delegate, the appropriate Facilitator, the Manufacturing Development Manager and the Operations Manager or Operations Director.

 

Step 3

 

If unresolved, the issue shall be referred to the Consultative Committee and Management Group for resolution. This step will require the involvement of the relevant union official. Should the relevant union official be unavailable within 48 hours (excluding weekends) of his/her attendance being requested, either party may proceed to step 4 of this procedure.

 

Step 4

 

If the matter is not resolved to the satisfaction of either party, and, the discussion and negotiation steps are exhausted the parties may refer the matter to the Industrial Relations Commission of New South Wales for conciliation or interpretation and, if necessary, arbitration.

 

35A.  Anti-Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

Notes -

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

 

36.  Summary Dismissal

 

(a)        If an employee is guilty of conduct or behaviour which warrants summary dismissal the Company shall not be required to either give notice or to make a payment in lieu thereof.

 

(b)        Without limiting the Company’s rights, examples of such conduct or behaviour may be the commission of a criminal act against the Company, its employees, contractors or clients, refusal of duty, serious and wilful breaches of the Company’s safety policy and/or the provisions of the Occupational Health and Safety legislation, deliberately sleeping on duty, except as provided for in clause 23 of this Award, fighting or sparring, the taking of alcohol or a prohibited substance while on duty, or, being under the influence of alcohol or a prohibited substance while on duty, vandalism, theft or engaging in other employment, without prior approval, whilst rostered on for duty.

 

(c)        If an employee becomes subject to the provisions of this clause, he/she shall be suspended on pay immediately to allow examination of the matter.

 

The Facilitator or Manufacturing Development Manager shall immediately notify the Human Resources Manager or his/her delegated representative, who will conduct an inquiry, with the Delegate and, if necessary, the Organiser.

 

The suspended employee shall be given an opportunity to respond to any allegations made, after due consideration by him/her, however, if no mitigating circumstances are shown to exist, the employee’s employment will be terminated.

 

37.  Certificate of Service

 

An employee, on termination of employment, will be given a certificate of service by the Company stating the period of service and the nature of employment.  A separate certificate shall be provided showing training accomplished during the period of employment.

 

38.  Consultative Committee and on Site Union Activity

 

(a)        The Company agrees to continue to recognise the Union Consultative Committee and the on-site Delegates as the primary unit in day to day Company/Employee relations.

 

(b)        The Union shall provide the Company with a list of accredited Delegates and Co-Delegates duly elected.  Such persons shall be allowed a reasonable amount of time during work hours, provided that the delegate’s job is covered by the team, to interview members and management on matters affecting employees represented by the Union.

 

(c)        The Consultative Committee will elect a Chairman from within its ranks.

 

(d)        The Company will provide and maintain lockable notice-boards for the display of Union notices signed or countersigned by accredited Union representatives.

 

(e)        A meeting room of acceptable standards will be provided to allow the Consultative Committee to meet, or Delegates to interview an official of the Union on legitimate Union business.

 

(f)         Paid time-off will be allowed in respect of Delegates attending Company approved accredited Union training Programs.  Such leave will only be allowed by mutual agreement with the Company.

 

(g)        A general meeting of all employees who are members of the National Union of Workers may be held at a mutually agreed time, and those employees who attend the meeting will be paid at the ordinary rate, exclusive of shift allowance, for the duration of the meeting.

 

(h)        For the purposes of this Award, the Consultative Committee shall consist of six (6) Delegates comprising the following: one (1) from each crew, plus one (1) Delegate from the Processing department and one (1) Delegate from the Packaging department.

 

(i)         Consultative Committee meetings shall be held every four weeks unless an urgent issue arises.

 

(j)         When a Delegate is scheduled to attend a meeting of the Consultative Committee in a period when the Delegate is not rostered to attend duty, the Delegate shall receive payment at the overtime rate while in attendance at such Consultative Committee meeting.

 

(k)        Where proceedings, involving the Company and the National Union of Workers, relating to disputes at the Botany site or alleged unfair dismissals, are scheduled before the Industrial Relations Commission of New South Wales, payment will be made for one Delegate for attendance during such proceedings. A delegate who is normally rostered to work during the scheduled proceeding will be paid at the ordinary rate, inclusive of shift allowance, for attendance during such proceedings and a delegate who is not normally rostered to work during the scheduled proceeding will be paid at the ordinary rate, exclusive of shift allowance, for attendance during such proceedings.

 

The Delegate who is to be paid for his/her attendance in such circumstances shall be determined by the Union prior to the proceedings. In such circumstances, the Company shall have the right to cover the attending Delegate’s position through the utilisation of casual labour in the performance of any work covered by this Award, prior to the offering of overtime to permanent employees.

 

The minimum payment for Delegates attending Industrial Relations Commission proceedings will be two hours. In the case of a night shift Delegate who attends such proceedings, and is rostered to attend              for work on the evening of the day of the proceedings, the following provisions shall apply:

 

I.          in Cases Where the Duration of the Proceedings is Two (2) Hours Or Less, the Delegate Shall be Required to Report for Work at 9.00pm, Without Loss of Pay, Inclusive of Shift Allowance.

 

II.         In cases where the duration of the proceedings extends beyond two hours, the Delegate shall have the following options:

 

(a)        be paid for the duration of the proceedings and take paid time off work for a number of hours equivalent to the duration of the proceedings, or,

 

(b)       take a twelve (12) hour break commencing at the completion of the proceedings, without loss of pay, inclusive of shift allowance. When this option is exercised, the time spent in attendance at the proceedings will be unpaid. Should the Delegate choose not to attend work following the twelve (12) hour break, the time between the completion of the twelve (12) hour break and the usual shift finishing time will be unpaid.

 

(l)         In circumstances where appropriate coverage for the attending Delegate cannot be secured through the utilisation of casual labour, the Delegate attending shall ensure that appropriate shift coverage is available, so that manning levels can be maintained. Employees providing coverage in these circumstances will be paid at the overtime rate for all time worked.

 

(m)       In order that membership of the National Union of Workers might be positively promoted, accredited Delegates, as nominated by the National Union of Workers, shall be given the opportunity to address new permanent employees during the induction period. The Delegate(s) will provide all new permanent employees with application forms to join the Union.

 

39.  Voluntary Redundancy Policy

 

A.        Introduction

 

These provisions shall apply in respect of full-time and part-time persons employed in the classifications specified in Annexure C.

 

This clause shall only apply to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause of this clause.

 

Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

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 specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

The Company realises that the business environment will continue to change. This change may lead to job displacements. At all times the Company will work with the Consultative Committee to ensure that employment opportunities match the business needs.

 

Consistent with the Employment Security Policy, it is the intention of the Company to afford all employees affected by the introduction of new technology or changed work methods, the requisite training in order to undertake alternative employment within the Plant.

Where special circumstances exist which warrant the implementation of voluntary redundancy, then, provided agreement is reached between the individual employee and the Company, voluntary redundancy may be implemented.

 

B.         Termination of Employment

 

(i)         Notice of Changes in Production, Programme, Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structural changes.

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee the amount of notice as specified in clause 12.

 

(b)       In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

 

(c)        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.

 

(ii)        Notice for Technological Change - This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from "technology".

 

(a)        In order to terminate the employment of an employee, the employer shall give to the employee three 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 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 each 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 as those to which the employee would have been entitled 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 the employment of 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 likely 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 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.

 

C.         Savings - Nothing in these provisions shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

 

D.         Crewing Reductions

 

If there are any agreed redundancies available, a notice will be posted on the notice board and interested employees can apply to the Human Resources Manager or his/her delegated representative. The redundancies will be offered based on the following criteria:-

 

(i)         Redundancies will be offered on a crew by crew basis, to ensure manning levels are maintained.

 

(ii)        The employee within the roster affected, regularly operating the equipment where the crew reduction is to take place, with the greatest length of continuous service, will be offered the redundancy opportunity first.

 

(iii)       If there are no employees in the roster and crew affected who are interested in taking a redundancy opportunity, then that redundancy opportunity may be transferred to another area of the plant.

 

E.         Transfer of Employment

 

Employees, whose existing jobs have become redundant and are transferred to another job, or roster, will be found work at the same annual salary. If necessary, retraining will be provided to all employees affected and will be mandatory.

 

Before an employee can leave the Company upon being made redundant the Manufacturing Development Manager shall be satisfied that an adequate skills base exists amongst the remaining employees, so that the operation of the plant can be continued effectively.

 

The Company accepts that, in providing employment opportunities to people affected by work changes, surplus people may be employed over and above the manning levels for the crew. It is understood that, in these circumstances, should an employee leave from such crew, the surplus employee will not be replaced.

 

F.         Non-Payment of Redundancy Pay

 

Redundancy payments shall not apply in the following circumstances:

 

(a)        An employee who voluntarily resigns or retires.

(b)        An employee who is dismissed because of misconduct, whether in accordance with the provisions of clause 37, or the provisions of the Employee Counselling and Corrective Guidance Procedure.

 

G.         Redundancy Entitlements

 

Severance pay will consist of six (6) weeks pay plus four (4) weeks for each year of service. This shall be calculated at the annual salary, excluding the shift allowance.

 

Redundancy pay will be calculated on a pro-rata basis relating to the salary level held by the employee prior to redundancy, in addition to any statutory payments included in subclause H following.

 

H.         Award Entitlements

 

(a)        Long Service Leave will be paid to employees with a minimum of five (5) years service and in accordance with the NSW Long Service Leave Act 1955 and shall exclude shift allowance.

 

(b)            Accumulated annual leave will be paid out in accordance with this Award, and shall include shift allowance.

 

I.          Employee Death

 

Should an employee, having accepted a voluntary redundancy, die before the agreed date of termination, all benefits relating to an entitlement under this Award will be paid to his/her estate.

 

J.          No Re-employment

 

Individuals who accept redundancy will not be re-employed by the Company within the period of redundancy entitlement from subclause E.  Re-employment will be at the absolute discretion of the Company.

 

40.  Long Service Leave

 

Long Service Leave shall be in accordance with the provisions of the Long Service Leave Act, 1955 (NSW) as amended, except where otherwise agreed within this Award.

 

The taking of Long Service Leave shall be determined within each team in conjunction with the Facilitator.  Disputes arising shall be determined by the Manufacturing Development Manager and Union Delegate.

 

In addition to any benefits/conditions as laid down in the Act, permanent employees who leave the Company between their fifth and tenth year of service for reasons other than dismissal, shall be paid their accumulated entitlement.  Long Service Leave payments shall exclude shift allowance.

 

41.  Parental Leave

 

Chapter 2, Pt 4 of the Industrial Relations Act 1996 provides minimum maternity leave entitlements for New South Wales employees. Specific requirements relating to Kellogg (Aust) Pty Ltd are as set out in the Company Leave Policy effective 30 October 1999, section 5.3. The provision covers maternity leave, paternity leave and adoption leave.

 

In addition to the provisions set out above:

 

(a)        An employee eligible for maternity leave who has given appropriate advice and notification to the Company and has requested a period of leave (minimum six weeks and maximum of 52 weeks inclusive of annual or long service entitlement) will be paid at normal rate and appropriate shift allowance for a period of eight weeks covering two weeks before and six weeks after the estimated date of birth.

 

(b)        Fathers are entitled to paid parental leave for 4 x 12 hour consecutive shifts to be taken within two weeks of the birth of their child. Medical evidence attached to the Kellogg Leave form confirming the actual date of delivery of the child will be required to receive this payment.

 

(c)        If an employee does not qualify for maternity leave due to less than 12 months continuous service then they will be entitled to "special maternity leave". Any such leave shall be unpaid.  For each month of service they will be entitled to one month’s special maternity leave, up to a maximum of 11 months.  The minimum leave entitlement for "special maternity leave" is 3 months.

 

(d)        If during the course of pregnancy it is inadvisable for the employee to continue doing her present work the employee shall be transferred to a safe job if certain conditions are satisfied as follows:

 

a medical practitioner's opinion supports the transfer;

 

the employer deems such transfer to be practicable;

 

the rate and conditions attaching to the ''safe'' job are the same.

 

If the transfer to a safe job is not feasible then the employer is to grant the employee maternity leave (or any available paid sick leave, which is certified as necessary by a duly qualified medical practitioner).  The assessment of the risk is to be made in accordance with the Occupational Health and Safety Act 1983 provisions.

 

(e)        Complications arising out of pregnancy occasioning absence due to medical or surgical treatment will be treated as a sickness and be subject to the sick leave provisions of this Award.

 

42.  Family/Carer’s Leave

 

Family/Carers leave shall be provided by the Company.

 

As a result of a series of test cases before Federal and NSW Industrial Relations Commissions, commencing with the first federal decision in 1994.

 

(1)        Use of Sick Leave -

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) who needs the employee's care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 33, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse who, in relation to a person, 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

(c)        a child or an adult child (including an adopted child, a stepchild, 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 facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:

 

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

 

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

 

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

 

(d)        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 that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave -

 

(a)        An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods or part thereof in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

(4)        Make-up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

 

 

 

 

 

 

 

43.  Bereavement Leave

 

An employee other than a casual employee shall be entitled to up to two days bereavement leave as follows:

 

(a)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of 1(c)(ii) of clause 42, Family/Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(b)        Should a spouse, child or step-child die, the employee shall be entitled to leave of up to five (5) consecutive rostered days to be agreed between the MDM and the employee.

 

(c)        Should a parent, brother or sister, in-law, grandparent or grandchild die, an employee shall be entitled to leave of up to three (3) consecutive rostered days to be agreed between the MDM and the employee.

 

The Company recognises that there may be cases where overseas or international travel is involved which may require additional time off. The Company, (HR Manager or delegated representative) agrees to sympathetically review these situations on an individual basis. During such a period, an employee will be paid his/her ordinary earnings, which are inclusive of shift allowance once proof of death is provided.

 

(d)        An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(e)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3) and (4) of clause 42, Family/Carer's Leave. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

44.  Jury Service

 

A permanent employee who is required to attend for Jury Duty shall receive full pay for the total absence.

 

Any payment received by the employee as a consequence of such attendance shall be paid to the Company by the employee upon return from Jury Duty.

 

45.  Uniforms and Protective Clothing

 

A.        Uniforms

 

Uniforms must reflect the Company’s commitment to quality and safety and must be worn by employees, on the following basis:

 

(a)        An employee upon commencement of employment will be issued with uniforms through the garment rental service and two (2) jackets should he / she be required, as part of normal employment, to work in cold, wet or exposed conditions. Each employee will also be issued one towel annually.

 

(b)        Uniforms and jackets will be replaced on a needs basis by exchanging the old for the new.

 

(c)        Uniforms that are badly frayed or show signs of obvious mending or patching are to be replaced.

 

(d)        Each employee is responsible for the good care of the issued uniform and protective clothing. Failure to comply with this requirement will result in the application of the Employee Counselling and Corrective Guidance Procedure.

 

(e)        Uniforms are to be worn on Company premises in the performance of normal duties.

 

 

 

B.         Protective Clothing

 

(a)        In recognition of the GMP standards required of the Company in the production of food products and the occupational health and safety requirements all employees are required to wear protective clothing which will be supplied by the Company.

 

(b)        In all food protection areas, employees will wear hairnets, ear protection, safety footwear and any other such equipment deemed to be necessary by management from time to time. 

 

(c)        As a general rule employees are also required to wear gloves, respirators, safety footwear in all areas where it is considered necessary by management for such equipment to be worn.

 

(d)        Where required, suitable waterproof clothing/rubber boots shall be issued by the Company for the use of employees required to work in the open in wet weather conditions. Such waterproof clothing will be issued on an individual needs basis.

 

(e)        Safety footwear will be replaced on a needs basis by exchanging the old for the new.

 

C.         Return of Uniforms etc.

 

All items provided by the Company, i.e protective equipment, uniforms etc must be returned to the Company on termination and will not be re-issued to other employees.

 

46.  Workers Compensation Procedures

 

A.        Claiming Workers Compensation

 

(a)        A claim form must be completed and returned to an OH&S Representative (when available) or alternatively the Manufacturing Development Manager.

 

(b)        The Company will send the completed claim form to the Insurance Company within twenty-four (24) hours of receipt of such forms.

 

(c)        Within three (3) working days of receipt of the completed claim, the Insurance Company will give a status report on the claim to the Company.

 

B.         Interim Payment

 

In an attempt to prevent financial hardship, the employee will be entitled to receive an interim payment of the ordinary rate of pay on the following basis:

 

(i)         Claim form must be lodged within seventy-two (72) hours of reporting the accident/incident/ injury to the employer. The claim must be accompanied by a "WorkCover" medical certificate.

 

(ii)        Payment will not constitute admission of liability by the Company.

 

(iii)       The payment will be for a maximum of twenty-one (21) calendar days from the first day of lost time caused by the accident/incident.

 

(iv)       Should the Insurance Company reject the claim, the wages paid in the interim period will be refunded by the employee at a mutually satisfactory rate.

 

C.         Payment of Wages while on Selected Duties (accepted claims only)

 

The amount an employee is entitled to receive is limited to the amount of their Award rate of pay and cannot exceed the statutory rate under the NSW Workers’ Compensation Act 1987, which is as defined from time to time and currently stands at $1,259.20 per week.

 

47.  Introduction of Change

 

The Company will inform the Consultative Committee at the time of renewing the Award of planned changes to production or introduction of new technology during the life of such Award.

 

The information will cover projected introduction time, and likely effects on workforce/skill composition; elimination or diminution of job opportunities; the need for retraining or transfer of employees to other work and the restructuring of jobs.

 

This information will be used to update the Award, and provide an agreed course of action for handling the intended change at a time closer to its introduction.

 

The Company will give prompt consideration to matters raised by employees and the Union in relation to the changes.

 

Should the timing for the introduction of change notification fall outside the Award renewal process, the Company shall inform the Consultative Committee as early as practicable after the decision has been made and give a minimum of three (3) months notice of the intended change.  The Company will consult with the Consultative Committee about the implementation of the change and determination of manning levels, classifications and wage rates.

 

48.  Changes to Crewing Levels

 

Where changes to crewing levels are to take place the following procedure will be applied:

 

(a)        The proposed changes will be discussed with the Consultative Committee. Preferably, the issue will be resolved at this step.

 

(b)        If not, then the proposals will be discussed with the Consultative Committee and the appropriate Union Organiser.

 

(c)        If the issue is not resolved, in cases where alternative methods of accomplishing a function or technological changes are involved, then a decision will be made by an outside consultant. The outside consultant’s findings will be presented to the Consultative Committee and implemented subject to a three (3) month review.

 

(d)        If the issue is not resolved the parties will follow the Grievance/Disputes Procedure, Clause 35 of this Award.

 

(e)        Employees affected by crew changes will have the following options:

 

I.          accept voluntary redundancy

 

II.         transfer to another Roster if a vacancy exists

 

III.        remain on the same roster or transfer to a roster where the business requires them

 

49.  Right of Entry

 

I.          In accordance with the provisions of part 7 of the Industrial Relations Act 1996, the Company shall permit a duly authorised official of the Union to enter its establishment during working hours for the purpose of:

 

(a)        talking with or interviewing members of the union during meal breaks or other non-working time, or

 

(b)        investigating any suspected breach of the Act or Award which applies to employees.

 

(c)        for the purpose of investigating any such suspected breach, require the Company to produce for the officer’s inspection during the normal office hours and at the Company’s office, any documents kept by the Company of the employee and related to the suspected breach, and 

 

(d)        to make copies of the entries in any documents related to the suspected breach.

 

II.         Before exercising any power conferred in subclause (1) (paragraph (a) excepted), the official must give the Company at least forty-eight (48) hours notice.

 

50.  Kellogg Twenty-Five (25) Year Club

 

Current employees who are members of the Kellogg Twenty-five (25) Year Club will be permitted to be absent from duty, without loss of pay, in order to attend the Club’s Annual Meeting, for the following periods:

 

Day shift employees:

 

From 3.00pm on the day on which the meeting is held.

 

Night shift employees:

 

For the shift commencing on the evening on which the meeting is held.

 

51.  Plant Shutdowns

 

During plant shutdown periods, excluding the Christmas shutdown, employees will have the following options:

 

(a)        Take Annual Leave, however, employees with an annual leave entitlement of less than twenty (20) shifts at the time of the shutdown, will have the option to take authorised leave without pay over such shutdown period.

 

(b)        Take Long Service Leave.

 

(c)        Attend work if any work is available.

 

(d)        Attend training if required.

 

(e)        Employees with Australian Tradesman’s Rights will be offered the opportunity to perform maintenance related work.

 

Authorised leave without pay, and options (c) and (d) above, will not be available during the Christmas shutdown period under any circumstances.

 

Annexure A

 

Use of Casuals for Cleaning of Machinery/Equipment

 

Agreed conditions for the use of casuals in cleaning of machinery/equipment:

 

I.          The Company guarantees that the hygiene standards of the amenities, i.e. locker rooms and canteen, will not be adversely affected by the use of employees of the cleaning contractor to supplement existing Kellogg crews in the cleaning of machinery/equipment.

 

II.         Kellogg employees who are members of the National Union of Workers, shall not be required to train those employees of the cleaning contractor who are to be involved in the cleaning of machinery/equipment. 

 

III.        Kellogg employees who are members of the National Union of Workers, shall not be required to perform cleaning duties, in conjunction with employees of the cleaning contractor, on the same individual piece of machinery / equipment.

 

Annexure B

 

Guidelines for Conduct at the Kellogg (Aust) Pty Ltd Botany Site

 

Kellogg, like any organisation, has certain rules and guidelines. These are important, and all employees are required to know and follow them. The following rules and guidelines provide some basic guidance as to what is considered acceptable conduct. They reflect our expectations and responsibilities associated with being a Kellogg employee and assure our effectiveness as a team.

 

In order to maintain our positions as Kellogg employees, each of us is expected to meet our responsibilities and to respect and comply with the rules of the organisation.

 

When an employee violates a rule or does not perform as reasonably required, the facts and circumstances of the individual case are considered. According to the seriousness of the problem, a warning, final warning or dismissal will follow. In order to make impartial judgements towards alleged offences, the Company rules have been divided into three groups with a recommended course of action if a rule is broken. The following rules cover a broad range of employee actions, but are not all inclusive. There will be occasions where an employee engages in a breach of normal good conduct standards which are not specifically mentioned in this document, but for which discipline is warranted. These instances will be dealt with on a case-by-case basis. All rules are subject to periodic revision.

 

Group 1

 

The problems in Group 1 are of a less serious nature, and infringements which fall under this category will result in the employee concerned progressing one step of the Employee Counselling and Corrective Guidance Procedure contained in this Agreement for each infringement. Violations in the good housekeeping and manufacturing practices sub-group will be treated as the same offence for counselling purposes.

 

Violation of good housekeeping and manufacturing practices as explained in the Kellogg Good Manufacturing Practices Policy.

 

Examples include:

 

Failing to wear regulation hair covering and hearing protection in restricted areas.

 

Wearing jewellery in product protection areas.

 

Chewing gum or eating food or drinks in product protection areas.

 

Carrying materials in a manner which might permit them falling into food.

 

Smoking on site.

 

Altering uniforms, wearing uniforms in an improper manner or wearing uniforms outside the plant unless required by duties (exception is Kellogg issued jackets).

 

General Performance Issues

 

These offences will be treated as individual violations.

 

 

 

Examples include:

 

Overstaying lunch or break periods.

 

Reporting late to job assignments.

 

Leaving job assignments without being properly relieved.

 

Being out of work area without permission.

 

Not maintaining work area in an operational condition.

 

Violation of safety policies and practices.

 

Failing to observe car park regulations.

 

Removing or defacing signs or bulletin board notices and posting of offensive material.

 

Improper possession of Company, other employees or contractors property.

 

Group 2

 

These are serious problems which could warrant a final warning for the first violation and will be administered through the Employee Counselling and Corrective Guidance Procedure.

 

Using threatening language, threatening or intimidating other employees, contractors or clients.

 

Redeeming prizes from promotional programs run to promote Kellogg products.

 

Defaming another employee’s character by spreading false and/or malicious information.

 

Serious neglect of work that causes extensive product loss or equipment damage.

 

Unsafe acts that could result in serious harm to yourself, other employees, equipment or plant facilities.

 

Group 3

 

Some problems are so serious that the first violation would probably call for termination. The employee will be suspended on full pay and notified later when the hearing is to be held. At the completion of the hearing it may be decided that a period of suspension without pay and/or a written warning with a two year probation period placed in the employee’s file is a more appropriate penalty than termination:

 

Stealing of Company property, another employee’s or contractor’s property.

 

Using, being noticeably under the influence of*, possessing or selling any intoxicant or illegal drug while on duty or on Company premises.

 

To ensure we maintain a safe working environment, employees who are taking prescribed medication must report to the Health Centre, to seek advice on suitability of duties.

 

Deliberately sleeping while on duty.

 

Carrying or possessing weapons on Company property.

 

Maliciously attacking fellow employees or contractors.

 

Clocking on/off for another employee.

 

Deliberately abusing or destroying Company property, another employee’s property or contractors property.

 

Deliberately contaminating food or sabotage.

 

Falsifying employment applications, medical records, work records, other records or reports.

 

Walking off the job or leaving the plant without following the procedure detailed in this Agreement.

 

Refusing to carry out work assignments or instructions of supervision.

 

Violating any state or federal laws or regulations, which are criminal acts against the Company, excluding legitimate industrial action as permitted by law.

 

Serious and wilful breaching of the Company’s safety policy and/or the provisions of the Occupational Health and Safety legislation.

 

Discriminating against fellow employees on the basis of sex, marital status, religion, colour, race, ethnic background or disability.

 

Smoking in areas where smoking presents a safety risk, e.g., Silos, near flammable materials.

 

Vandalising Company property.

 

Engaging in other employment, without prior approval, whilst rostered on for duty.

 

*On the first offence the employee will be sent home in a taxi cab at the Company’s expense. The employee will be interviewed by the Human Resources Manager or Delegated Representative and advised of the potential consequences of a second offence. A record of interview  will be retained in the employee’s file.

 

Annexure C

 

Kellogg (Aust) Pty Ltd. Training Program

 

Intent:

 

To remain competitive within the market place, Kellogg Australia has to remain a learning organisation.

 

Introduction:

 

All training programs will be delivered and evaluated to meet national accreditation standards relevant to the business needs, to ensure growth of the organisation, and a nationally recognised career path for employees, through competency based training programs.

 

Aim:

 

The aim of this policy is to detail how the Kellogg Production Certificate delivers employee competency based training programs.

 

Purpose:

 

The Kellogg Production Certificate submitted (including programs, courses, and competencies) has been accepted by the Department of Employment Education Training and Youth Affairs (D.E.E.T.Y.A). This means that employees moving through the four levels of competencies described in this program will be entitled to a certificate within the Australian Qualifications Framework (AQF) in Cereal Manufacture.

 

Definition of Competency:

 

A competency is the transferable attributes and knowledge for a particular task achieved through; education, formal training, and / or previous experience.

 

To be competent a person must demonstrate the application of knowledge, skill and attributes in producing an outcome, which can be demonstrated in differing and new situations, and can be measured.

 

Recognition of Prior Learning (RPL):

 

Employees will be recognised as having the relevant competencies if they are able to demonstrate their acquired competencies to on-the-job standards.

 

Supporting documentation relevant to the job, such as craftsmen certificates or references outlining past experience, current within the last 5 years, will assist the employee’s application for RPL. Recognition of Prior learning will be assessed to on-the-job standards by workplace assessors with the use of checklist evaluations outlining the necessary performance criteria for a particular job or process.

 

On and Off the Job Training:

 

Off the job (formal; which includes theoretical and practical applications in a classroom type environment) and on-the-job training (task specific; where the learning application is demonstrated on-the-job) will be conducted and assessed for employees where a training need exists to maintain or enhance an employee’s performance. All training will be competency based and assessed.

 

Workplace Assessors:

 

Qualified Workplace Assessors will conduct all assessments.

 

Kellogg Facilitators have completed the Workplace Assessor Program gaining a Statement of Competency - Workplace Assessor, which is recognised by VETAB and the industry training authorities, so as to:-

 

Identify the role of assessment and assessors in the development of trainees,

Plan competency assessments,

Perform competency assessments,

Record assessment results and review procedures in the workplace.

 

The Kellogg Production Certificate Model

 

Outline of the 4 Programs and overall Performance criteria delivered at each level .

 

4 Programs
	Operations	Product	Technical	People
Level  5	Operates	Identifies, problem	Applies Total	Value adds to
Lead  Multi -	three systems	solves, & tracks	Productive	the team
System Operator	to the	performance within the	Maintenance in	environment,
_____________	scheduled	quality assurance area	accordance with plans,	through decision
Australian	rates.	to ensure all quality,	schedules &	making,
Qualifications		OAE, GMP, & waste	operational	coaching &
Framework 4		goals are met.	maintenance	supporting team
			requirements.	job skills, to
				meet team
				accountabilities.

 

 

 

Level 4	Operates	Applies principles of	Conducts 1st line	Works within
Multi - System	three systems	product technology.	operational	self directed
Operator	to the	Maintains quality	maintenance. Coaches	team
_____________	scheduled	assurance and	& instructs others in	environment,
Australian	rates.	environment. Applies	maintenance activities.	communicating
Qualifications		problem-solving		job skills, work
Framework 4		techniques..		instructions to
				meet team
				accountabilities.
Level 3	Operates two	Applies principles of	Conducts 1st line	Works within
	systems to the	product technology.	operational	self directed
Duel- System	scheduled	Maintains quality	maintenance. Coaches	team
Operator	rates.	assurance and	& instructs others in	environment,
______________		environment. Applies	maintenance activities.	communicating
Australian		problem-solving		job skills, work
Qualifications		techniques.		instructions to
Framework 3				meet team
				accountabilities.
Level 2	Operates a	Controls Product	Conducts line(running)	Participates &
	single system	quality, waste.	adjustments& services	instructs within
Single System	to the	sanitation, GMP, &	to maintain efficiency	a team based
Operator	scheduled	environment using	& reduce Wear.	environment.
______________	rate.	accurate documentation
Australian		including measuring &
Qualifications		testing & use of SPC
Framework 2		Techniques
Level 1	Operates a	Maintains supply,	Controls operating	Works within
	single Process	safety, quality and	parameters. Conducts	team based
Single Process	to the	GMP standards to set	minor machine	environment.
Operator	scheduled	goals applying quality	replacement &
______________	rate.	at source.	equipment adjustments
Australian			& services as
Qualifications			instructed.
Framework 1
Entry Level	Operates a	Identifies range of	Conducts minor	Able to
______________	sub process	products. Maintains	machine services and	communicate
New Employee /	within a	safety, quality, GMP	checks, under direct	and
Trainee				understands
	single system	standards to set goals,	supervision	work
	to the	applying quality at		instructions
	scheduled	source.		clearly and
	rate.			effectively

 

 

 

 

 

 

 

 

Definitions of Systems and Core Processes

 

Systems >	Corn	Bran	Puffing	Mini	Combo	W& P	Packing	Materials	Raw
				Wheats				Handling	Mater-
									ials
Processes
Raw Material	X	X	X	X	X	X
Supply
(MDA)
Cookers	X	X		X	X
Dryers	X	X	X	X	X	X
Mills	X	X		X	X	X
Ovens	X	X	X	X	X	X
1st Floor			X
Coater
3rd Floor	X	X
Coater
4th Floor					X	X
Coater
Puffing			X
Tower
Extruders			X		X	X
Product	X	X	X	X	X	X	X	X	X
Supply (Tank
Room)
Packing Data							X
Acquisition
(PDA)
Scales							X
Baggers							X
Case Packers							X
Mat’								X
Handling Inf.
(ASD )
Materials								X
Operations
Oracle									X
Process
Module 11i
Bulk Farm									X
Inloading
BHF									X
Inloading
Silos									X
Inloading
Materials									X
Receiving &
Supply
Flavour									X
Process *

 

*   This applies to nightshift only

 

The above illustration identifies the core PROCESSES (Competencies) that complete a SYSTEM within Kellogg’s Manufacturing.

Training Programs and Accredited Competencies:

 

Will be revised periodically to ensure they are current and meet the needs of the business. Notification of Processes and Systems that become redundant will be posted.

 

Competency based Career Path Training:

 

Will be based on the needs of the Business Career path training above Level 3 will be by selection. Where two (2) employees are deemed to have the same qualifications, the employee with the greatest length of Kellogg service will be offered the opportunity first.

 

Compulsory Training:

 

An employee must complete and maintain competencies within their current level of accreditation.

 

All training up to level 3 is compulsory, refusal of training or revision will result in loss of salary to competency to level attained. It is envisaged that all operators will be trained up to level 3 competency and a training plan will be formulated and reviewed bi-monthly with the system team in conjunction with the Facilitator.

 

Level 4 and Level 5 operators are by selection and will be nominated based on business needs for each roster. Selection will be made in consultation with the roster Facilitators and the appropriate Manufacturing Development Manager and the Operations Manager.  The Performance criteria and supporting courses for these two levels are outlined in the Kellogg Training Module. Once selected, training within these levels are compulsory.

 

Systems/technology - upgrade training within an employee’s accredited system or process is also compulsory for an employee to maintain their current level of accreditation.

 

Employees wishing to undertake training must:

 

Maintain their current competency levels and performance on the job.

 

Have completed the necessary training required to be eligible to move to the next level.

 

Maintain satisfactory safety, quality, and GMP (Good Manufacturing Practices) performance standards.

 

Have the ability and willingness to work effectively with co-workers in a team environment.

 

Have the potential aptitude of acquiring higher-level competency elements to satisfy the next level of training.

 

The Facilitator and operational Team, in conjunction with the Manufacturing Development Manager will determine the skills mix required within the team.

 

Performance Review:

 

Employees will be required to maintain and demonstrate their competence as required within the work / team environment.

 

Flexibility and performance on the job will be the indicator to identify an employee who is maintaining their current level of competency, within their accredited processes and systems.

 

Flexibility within an employee’s accredited processes and systems, will be done on a team needs basis to ensure an employee’s maintenance of competencies.

 

Employees are obliged to undertake given tasks under the direction of a Facilitator where the employee has the skill and ability to perform the task.

 

Career Path Timetable - New Employees:

 

An employee commencing with the Company will be paid at Induction Rates of pay during the first twelve (12) weeks of their employment.

 

Having successfully completed all training provided and passed all competency based assessments conducted during this twelve (12) week period, the employees salary will be adjusted to Level 1. If the company fails to provide the training in all competencies required to satisfy salary level 1 during the first twelve (12) weeks the employees salary will be adjusted to level 1.

 

If during the next six (6) months of employment the employee successfully completes all training provided and passes all competency based assessments conducted, the employee’s salary will be adjusted to Level 2. If the company fails to provide the training in all competencies required to satisfy salary level 2 during the six (6) month period, the employees salary will be adjusted to level 2.

 

If during the next fifteen (15) months of employment the employee successfully completes all training provided and passes all competency based assessments conducted, the employee’s salary will be adjusted to Level 3. If the company fails to provide the training in all competencies required to satisfy salary level 3 during the fifteen (15) month period, the employees salary will be adjusted to level 3.

 

The above timetable guarantees that, provided an employee commencing with the company successfully completes all training provided and passes all competency based assessments conducted during their first twenty four (24) months of employment, they will have attained salary level 3.

 

Educational Assistance:

 

Employees seeking company support with regard to educational assistance at an external training/educational institution should refer to the company policy for educational assistance guidelines.

 

Training Disputes Procedure:

 

1.          An employee cannot contest the result given by a workplace assessor at the time of assessment.

 

2.          An employee completes the attached Training Disputes Form.

 

3.          The Manufacturing Development Manager, workplace assessor, employee and the delegate will review the dispute.

 

4.          If the dispute is not resolved at this level, the Operations Manager and Manufacturing Development Manager will review the matter.

 

5.          If the dispute is not resolved at this level it may be referred to the Consultative Committee.

 

6.          A copy of the completed dispute form is to be forwarded to the Human Resources Department for record keeping.

 

Re-sit Assessment Procedure:

 

The procedure outlined below will facilitate the needs of any individual who fails a Competency Based Assessment.

 

1.          An employee will be notified that he/she has failed the competency based assessment.

 

2.          The employee will have the opportunity to re-sit the assessment that he/she has failed at a time nominated by the workplace assessor.

 

3.          If the employee fails the competency based assessment a second time, then discussions between the employee, the Operations Manager and the Manufacturing Development Manager will take place and the next steps will then be determined. Whereby it is agreed between the parties to this Award that, in these circumstances, the employee’s salary will be frozen until such time as,

 

(i)         The employee successfully passes the assessment, or,

 

(ii)        Future salary increases cause the salary for the level below to be equal to or greater than the employee’s current salary.

 

 

Kellogg (Australia) Pty Ltd                                                                                           Training Dispute Form

 

Employee Name: ________________________________                           Bundy Number:_______________

Roster:_____________________     Shift:_______________________            Date:________

Reason for Disputation:

 

Record of interview (if held with employee):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Committee Recommendation:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Name in print:

 

                                                  _________________                                    ______________________________

                                                  Union Representative                                     Manufacturing Development Manager

 

                                                  ______________                                           ______

                                                  Employee                                                          Date

 

Employee Training, Progression, Performance Criteria and Courses

 

Training Model Progression:

 

The following training policy attachment serves as a guide to outline a new employee’s progression throughout the Kellogg Production Certificate Programs.

 

A new employee joining the company will begin his/her entry level training in the Tank Room, operating within the area of product supply, so as to learn about the range of products Kellogg Australia provides. The nominated period for entry level training is 12 weeks. During that period the new employee will acquire the key competencies of:

 

Product Knowledge.	Occupational Health & Safety.
Quality.	Process.
Resourcing and Organising.	GMP.
Images and Values.	Waste management.
Human Resources.	Technology use.
Equipment.	Materials Handling.
Security.

Once an employee has completed Entry Level training in the Product Supply (Tank Room) and has proceeded to the next level, progression through the processes will be (where possible) as illustrated as follows:.

 

Processing Processes

 

Corn / Bran	Puffing	Combination Line	Mini Wheats	W&P
Start Processes	Start Processes	Start Processes	Start Processes	Start Processes
¯	¯	¯	¯	¯
Raw Materials	Raw Materials	Raw Materials	Raw Materials	Raw Materials
Supply	Supply (Wenger)	Supply	Supply	Supply
Cookers	Extruder / Buhler	Cookers	Cookers	W&P
				Extrusion &
				Cold Former
¯	¯	¯	¯	¯
Dryers	Pellet Dryer	Extruders/ Buhlers	Shredding Mills	Sheeting
			Lapping/Paste	Mills Cutting
			Application	Mills
¯	¯	¯	¯	¯
Mills / Flaking	Puffing Tower	Pellet Dryers	Ovens	Ovens
Pelletising
Shredding
¯	¯	¯	¯	¯
Ovens	Dryer	Mills/Flaking	Dryers	Dryers
		Bumping
¯	¯	¯	¯	¯
3rd Floor Coater	1st Floor Coater	Jetzone/Toasting /	Complete System	4th Floor
		Puffing Ovens		Coater
¯	¯	¯		¯
Complete System	Complete System	4th Floor Coater		Complete System
		¯
		Complete System

 

Packing/Materials Processes

 

Packing	Material Handling	Raw Materials
Start Processes	Start Processes	Start Processes
¯	¯	¯
Packing Data Acquisition	Forklift/truck loading	Bulk Farm Inloading
¯	¯	¯
Jones Triangle	Finished Goods	B.H.F Inloading
¯	¯	¯
Jones Ishida	Materials Handling Operations	Silos Inloading
¯	¯	¯
Bulk / Pallecons	Materials Information Process	Materials Receiving and
	(ASD)	Supply
¯	¯	¯
Complete System	Complete System	Complete System

 

Progression:

 

As the new employee gains competency throughout the core processes he/she will also develop within the Operations/Product/Technical/People programs which delivers competencies to the required levels of complexity, as described in the Australian Standards Framework.

 

The following pages outline the overall performance criteria and supporting courses required at each level of the Kellogg Production Certificate. Supporting Courses may from time to time change due to upgrade of available training packages.

 

Note: Current Processing and Packing Line employees may be required, based on the needs of the business, to complete Product Supply (Tank Room) to gain accreditation for a full system.

 

Entry Level
Operations	Supporting Courses
Tank Room:	Tank 1 - basic operations
Carry out the following functions:	Tank 2 - direct feeds (CITEC &
Direct Feed System	FIXDMACS)
Tank Lifters	Tank 4 - DSU/sultana addition
Tank off stations	Dry feeds upgrade overview
DSU	Safety Training (Induction):
Sultana addition	Evacuation
Crumbs machine	Safety tags
Dry/Wet feeds	Fire extinguishers
Intermediate Bulk Containers (Pallecons)	Environment
Adhere to Kellogg safe work practices	Personal Protective Equipment
	Transporters
	Hazardous material handling
Product	Supporting Courses
Supply correct product to correct destination, to	Quality Assurance
given schedule.	GMP
Ensure against mixed food.	Sanitation
Monitor and maintain food supply.
Maintain food protection and sanitation for work
area.
Identify and report food quality problems
Identify sources of waste.
Minimise waste of product and work practices.
Technical	Supporting Courses
Inspect and report equipment faults.	Tank 1 - basic operations
Identify and reset equipment alarm faults.
Conduct machine cleaning of equipment.
Lubricate tank room equipment.
People	Supporting Courses
Communicates food supply problems between	Induction Training:
processing and packing.	Plant tour
Checks for understanding given job instructions.	Kellogg history/culture
Follows procedures.	Consent Award
Understands and adheres to company	GMP standards
policies.	Safety standards
	EEO and workplace policies
	Product range and services
	Communication
	Organisational structure

 

 

 

 

 

 

 

 

Level 1 - Single Process Operator
Operations	Supporting Courses
Adhere to Kellogg’s Safe Work Practices.	Bran & Wheat flake system.
	W&P system.
Operate to given schedules and parameters,	Combination line system.
including start up, shut down, pre start conditions and maintaining process flow of either:	Corn system.
	Flavour system.
Processing:	1st floor coater.
Cooking processes (including flavour, materials,	3rd floor coater.
& vitamin supply).	4th floor coater.
Dryers	Jetzone oven No 6.
Mills (e.g. flaking, forming, bumping, pelletising,	Mini Wheat system.
shredding).	Puffing system
Ovens, including vitamin supply (e.g. toasting,	Pellet system.
jetzones, puffing).	Pellet making system.
Coating Lines, including vitamin supply (1st Floor,	Vitamin awareness.
3rd Floor, 4th Floor)	Wenger operations
Puffing Tower
Extrudes/Buhlers
Packing:	Bulk packing line/transporters
Jones Family Packing Lines	Ishida scales
Bulk Packing Line	Jones family packing line 1
Intermediate Bulk Containers (Pallecons)	Jones family packing line 2
	Jones family packing line 3
	Mathews date coder
	Nordson hot melt
	Triangle scales overview
Materials Handling:	Forklift attachments - clamp- push/pull
Forklift/truck loading operations	Forklift permit.
Materials Handling Operations (including ASD)	Transporters.
	Alvey system director. Finished goods system.
	Materials handling operation
Raw Materials:	Forklift attachments -clamp-push/pull
	Forklift permit
Bulk farm inloading	Transporters
BHF inloading	Oracle Production Module (OPM 11i)
Silos inloading	Bulk Farm
Materials receiving and distribution	BHF
	Silos

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Product	Supporting Courses
Identifies and supplies correct materials necessary
for processing.	Infralyser and Computrac (Processing).
Adhere to set procedures and recipes.	Metal Detectors.
Conduct quality checks at nominated times.	Stocktake module (Raw Materials).
Maintain product quality:	Product Evaluation System (PES).
moisture level	Protect Our Product (POP).
density and weight	Environment.
appearance	Good Manufacturing Practices (GMP)
flavour	Hazard Analysis Critical Control Points
texture, and	(HACCP)
packaging.
Maintain product safety within a single process.
Identify and action non-conformance of product.
Complete and return documentation to correct
source at nominated times during process.
Minimise waste levels in work area to achieve set
goals.
Maintain sanitation level in work area to achieve set
goals.
Provide internal and external customer feedback with
regard to process.
Prevent contamination of product, equipment and
work/wash areas.
Technical	Supporting Courses
Identify and action equipment faults and alarms.	Mill roll knife change and set(Processing).
Correct poor equipment performance through minor	Minor maintenance tasks (Packing).
adjustments and settings to maintain quality and	Alvey minor maintenance (Materials Handling)
efficiency.	Hand and Power Tools
Conduct equipment lubrication and service on a	Supported by:
needs basis.	Technical Tasks 1 record sheets(Packing
Clear blockages and jams in equipment following	and Processing)
safe work practice.	Technical Tasks record sheets(Processing)
Maintain routine machine cleaning to ensure service
life and prevent poor equipment operation.
Safely replace consumable equipment parts:
Examples:
batteries
fasteners
date ink roll stamp.
People	Supporting Courses
Adhere to Kellogg Safe Work Practices.	Dealing with conflict
Report breaches of safety to relevant bodies.	Teamwork
Communicate effectively maintaining working	Safety
relationships with others, to maintain process flow,
efficiency, and quality.
Identify and communicate facts to resolve
operational/quality problems.
Able to communicate job instructions and
procedures.

 

 

 

 

 

 

 

Level 2 - Single System Operator
Operations	Supporting Courses
Operate to given schedules and parameters, including:	Bran system
Start up	W&P system
Shut down	Corn system
Pre start conditions	Materials handling system
Maintain process flow throughout the core	Packing line system
processes within a single system.	Puffing system
Adhere to Kellogg’s Safe Work Practices	Raw materials system
	Wheat system
	Safety
Product	Supporting Courses
Organise and resource correct materials necessary	Courses delivered at Level 1
for processing operations.	Product are applied across a system at Level 2.
Adheres to recipe.	Control Factor Analysis
Revises and instruct set procedures. Conducts	Hazard Analysis Critical Control
quality checks at nominated times during process.	Points (HACCP)
Maintains and monitors product quality (e.g
moisture level, density and weights, appearance,
flavour, texture, packaging). through out a system.
Maintains product safety within a single system.
Identify and action non-conformance of product.
Complete and return documentation to correct
source at nominated times during processes.
Minimise waste levels in work area to achieve set
goals.
Maintain sanitation levels in work area to achieve
set goals.
Adheres to GMP.
Provide internal and external customers feedback
with regard to processes.
Identify and chart machine/process problems
(cause/effect) for presentation at team communication
meetings.
Understand and apply Operational Asset
Effectiveness (OAE) principles.
Prevent contamination of product, equipment, and
work/wash areas.
Technical	Supporting Courses
Conduct pro-active 1st line maintenance of PM	Operational Maintenance 1 - supported by
inspections, machine services and cleaning, and	Technical Tasks 2 in packing, and Technical Tasks
adjustments.	Processing.
Complete and return PM inspection sheets.	Operational Maintenance 2 Packing - supported by
Maintain record of maintenance activities during	Technical Tasks 3.
each shift.
Adhere to and instruct on machine isolation
procedures.
Safely clean and replace machine operating parts to
maintain service life and product quality (e.g blower
Vacuum filters, spray nozzles, print heads, conveyor
idler rollers).
Clean/maintain conveyor belt tracking.
Identify and report bearing failures and faults.
Obtain and replace damaged or missing
fasteners.
Inspect, adjust and maintain power transmission
(e/g belt/chain drives, gear boxes, couplings and
clutches).
Action hydraulic / pneumatic operational faults
and maintain air service units.
Adjust gland packing, action and report fluid leaks.
Check, clean and position sensing devices such as
photo eyes, proximity switches, and limit switches,
to maintain correct operation.
People	Supporting Courses
Identify own area of responsibility.	Coaching in the workplace
Prioritise work and resources to achieve immediate	Teamwork
goals.
Communicate effectively to maintain working
relationship with others, to maintain process flow
efficiency and quality.
Identify and communicate facts to resolve
operational and quality problems.
Coach and communicate job instructions and
procedures.
Problem solve operational faults.
Participate and contribute effectively in team
meetings.
Review current procedures and work instructions.
Level 3 - Duel Systems Operator
Operations	Supporting Courses
Operate to given schedules and parameters,	Bran system
including:	W&P system
Start up	Corn system
Shut down	Materials handling system
Pre start conditions	Packing line system
Maintain process flow throughout the core	Puffing system
processes across 2 systems.	Raw materials system
Apply safe systems of work.	Wheat system
	Safety
	Hazard and Risk Analysis
Product	Supporting Courses
Apply problem solving techniques to present	Kellogg Product Technology
Machine/product operational data in correct	Control Factor Analysis
graphical format and draw conclusions to present at	Hazard Analysis Critical Control Points (HACCP)
team/communication meetings.
Apply principles of product technology
across 2 systems.
Maintain product safety across two systems.
Conduct and co-ordinate problem solving
techniques in teams to present machine/product
operational data correct graphical format and draw
conclusions to present at team/communication
meetings.
Resource and organise systems materials.
Co-ordinate quality assurance across 2 systems.
Control waste, GMP and sanitation activities across
2 systems to achieve goals.
Action environmental breaches.
Maintain Operational Asset Effectiveness
(OAE) principles.
Technical	Supporting Courses
Apply 1st line maintenance across 2 systems.	Operational Maintenance 1 - supported by
Coach others to conduct maintenance activities.	Technical Tasks 2 in packing, and Technical
	Tasks Processing.
Packing:	Packing Machine Maintenance
Maintain scale calibration.	(Supported by Technical Tasks 4).
Maintain sealing operations.
Maintain packing line timing functions.
Maintain packing line size changes.
Processing:
Maintain milling operation.
Maintain conveyor operations.
Maintain pump operations.
Maintain pneumatic/hydraulic operations.
Maintain PM Inspections.
Maintain vacuum/blower operations.
Maintain seals and gland adjustments.
Maintain power transmission inspections,
adjustments and replacements.
Maintain fluid supply lines.
Materials Handling:
Maintain accuglide pneumatic and live roller
operation.
Maintain E.Z set roller condition and tracking.
Maintain belt conveyor tracking and tension.
Maintain zip switch/zip sorter inspections and
cleaning.
Maintain spur conveyors belt tension and roller
condition.
Maintain unitizer operational functions and
adjustments.
Maintain Stretch Wrapper operational functions and
adjustments.
Maintain label applicator operational functions.
Maintain Turntable operational functions and
adjustments.
Maintain lubrication and inspection services to all
equipment.
People	Supporting Courses
Understand and maintain own responsibility	Teamwork.
within a work area.	Getting work done through others.
Prioritise work and resources to achieve immediate
goals.
Communicate effectively maintaining working
relationships with others, to maintain process flow,
efficiency, and quality.
Identifies and communicates facts to resolve
operational/quality problems.
Coach and communicate job instructions and
procedures.
Problem solve operational faults in teams.
Contribute effectively in team meetings.
Review current procedures and work instructions.
Work self directed.

 

Level 4 - Multi System Operator
Operations	Supporting Courses
Maintain and control operating parameters, process	Bran system
flow, and schedule across 3 systems.	W&P system
Operate to given schedules and parameters, including:	Corn system
Start up	Materials handling system
Shut down	Packing line system
Pre start conditions	Puffing system
Apply safe systems of work.	Raw materials system
	Wheat system
	Safety Committees
	Hazard and risk Analysis
Product	Supporting Courses
Apply principles of product technology across	Control Factor Analysis.
Systems.	Kellogg’s Product Technology
Maintains product safety across three systems.	Hazard Analysis Critical Control Points
Resource and organise systems materials.	(HACCP)
Conduct and Co-ordinate quality assurance and
adherence to recipe across 3 systems
Control waste, GMP and sanitation activities across 3
Systems to achieve goals.
Action and report environmental breaches.
Work to improve Operational Asset Effectiveness (OAE)
Technical	Supporting Courses
Apply 1st line maintenance across 3 systems.	Technical Task Book 3
Coach others to conduct maintenance activities.
Packing:
Maintain scale calibration.
Maintain sealing operations.
Maintain packing line timing functions.
Maintain packing line size changes.
Processing:
Maintain milling operation.
Maintain conveyor operations.
Maintain pump operations.
Maintain pneumatic/hydraulic operations.
Maintain PM Inspections.
Maintain vacuum/blower operations.
Maintain seals and gland adjustments.
Maintain power transmission inspections, adjustments
and replacements.
Maintain fluid supply lines.
Materials Handling:
Maintain accuglide pneumatic and live roller operation.
Maintain E.Z set roller condition and tracking.
Maintain belt conveyor tracking and tension.
Maintain zip switch/zip sorter inspections and cleaning.
Maintain spur conveyors belt tension and roller
condition.
Maintain unitizer operational functions and adjustments.
Maintain Stretch Wrapper operational functions and
adjustments.
Maintain label applicator operational functions.
Maintain Turntable operational functions and
adjustments.
Maintain lubrication and inspection services to all
equipment.
People	Supporting Courses
Understand and maintain own responsibility within a	Dealing with Conflict
work area.
Prioritise work and resources to achieve immediate goals.
Communicate effectively maintaining working
relationships with others, to maintain process flow, efficiency, and quality.
Identifies and communicates facts to resolve operational/quality problems.
Coach and communicate job instructions and procedures.
Problem solve operational faults in teams.
Contribute effectively in team meetings.
Review current procedures and work instructions.
Work self directed.
Level 5 - Lead System Operator
Operations		Supporting Courses
Maintain and control operating parameters, process		Bran system
flow, and schedule across 3 systems.		W&P system
Achieve scheduled goals. (Liaise with Scheduling		Corn system
Department).		Materials handling system
Relieve Operations Facilitator when required.		Packing line system
Apply and facilitate safe systems of work.		Puffing system
		Raw materials system
		Wheat system
		Safety Committees
		Hazard and risk Analysis
Product		Supporting Courses
Conduct and co-ordinate problem solving techniques		Control Factor Analysis.
in teams to present machine/product		Kellogg’s Product Technology
operational data and draw conclusions to present at		Hazard Analysis Critical Control Points
team communication meetings.		(HACCP)
Apply principles of product technology across systems.
Maintains product safety across three systems.
Resource and organise systems materials.
Co-ordinate quality assurance and adherence to recipe
across 3 systems.
Liaise with Quality Department.
Co-ordinate waste management improvement programs,
GMP and sanitation activities across 3 systems to
achieve goals.
Action and report environmental breaches.
Work to improve Operational Asset Effectiveness (OAE)

 

 

 

 

 

Technical	Supporting Courses
Co-ordinate and conduct total productive maintenance across	Processing, Packing and Materials
3 systems.	Handling maintenance courses applied at
Control maintenance activities log and entries for Mainpac	this level on the job.
system.
Manage documentation between Mainpac and operators.
Responsible for scheduling and organising maintenance
services in teams.
Liaise with Maintenance and Scheduling Departments.
Maintains statutory and legislative requirements for equipment
condition.
Packing Materials:
Responsible for scheduling and organising size change
activities and packing line/materials handling maintenance
services (e.g. Inspections, lubrication, machine cleaning and
minor adjustments).
Control preventative maintenance activities to ensure reliable
equipment operations.
Identify and schedule with maintenance major equipment
overhauls.
People	Supporting Courses
Work self directed with the ability to resource and organise	Workplace Assessors Course
teams.	Situational Leadership II.
Co-ordinate and communicate team activities.
Co-ordinate team based problem solving activities.
Conduct team meetings and reach a consensus based on facts.
Understands and co-ordinates team responsibilities.
Coach and evaluate process and maintenance activities.
Communicate production goals across a roster.

 

Annexure D

 

Consent Award 2001- Transitional Arrangements

 

As a result of declining production volume in the business changes agreed to that can be implemented immediately this Award is approved by the Industrial Relations Commission of New South Wales, will result in eight redundancy opportunities within the Processing Area being made available to employees.

 

Employees to be offered redundancies available upon approval of this Award by the Industrial Relations Commission of New South Wales, will be determined using the following criteria:

 

I.          Redundancies will be offered on a crew by crew basis, to ensure manning levels are maintained.

 

II.         Of applicants from within the area nominated, i.e. Processing, the employee with the greatest length of continuous service will be offered the redundancy opportunity first.

 

III.        Should the redundancies available not be accounted for by employees from within the area nominated, the remaining redundancies will be offered to employees working on the crew on which redundancy opportunities still exist, i.e. A crew, B crew, C crew, D crew.

 

IV.        Again, the employee with the greatest length of continuous service will be offered the redundancy opportunity first.

 

V.         Should the redundancies available still not be accounted for, the redundancy opportunity may be offered to another area of the plant. Those employees accepting offers of voluntary redundancy as a result of changes agreed to as part of this Consent Award, will not be released from duty until the Manufacturing Development Manager is satisfied that the skills required to effectively operate the plant exist amongst the remaining employees. It is envisaged that this transitional process will take up to six (6) months to complete.   Upon acceptance of the Consent Award, a notice will be posted calling for those employees interested in a voluntary redundancy package, to register their interest in writing with the Human Resources Manager.  Seven (7) days will be allowed for this process. 

 

Employees who express their interest in taking a redundancy will be provided with estimates of redundancy and retirement fund entitlements, in order that they have the appropriate information to make an informed decision. Fourteen (14) days will be allowed for these employees to inform the Employee Relations and Training Manager of their final decision. Vacancies resulting from the redundancies will be handled under the provisions of the Shift Transfer Procedure, contained in this Consent Award at clause 21.

 

Annexure E

 

Break Stations

 

Introduction

 

It is understood that employees working in the plant on a twelve (12) hour basis may need an opportunity for short periods away from production conditions. Team rooms have been provided for this purpose or for team meetings.

 

Operation and Use

 

The privilege of short breaks is based upon the employee’s job being covered, equipment running efficiently, producing quality product and his or her work area meeting Kellogg Sanitation Standards.

 

If these criteria are not met then the production line/system will need to be manned at all times.

 

In keeping with Kellogg GMP, there will be no non-work related reading material or foodstuffs (other than tea, canned soft drinks, coffee, milk and sugar) allowed in these areas.

It is normally expected that short breaks of this type may not exceed fifteen (15) minutes at one time and will be taken in the employee’s Break Station.

 

Non-Compliance

 

Failure to comply with these provisions will result in action being taken under the Employee Counselling and Corrective Guidance Procedure as set down in this Award.

 

Annexure F

 

Company Policies

 

All employees covered by this Award are, at all times, required to comply with the following policies of Kellogg (Aust.) Pty. Ltd. as amended:

 

Good Manufacturing Practices Policy

 

Educational Assistance Policy

 

Equal Employment Opportunity Policy

 

Harassment Policy

 

Health and Safety Policy

Workplace Injury Management Policy

 

Manual Handling Policy

 

Hazardous Substances Policy

 

Smoke Free Workplace

 

Eye Protection

 

Confined Space Entry

 

PES - Packaging Policy

 

Intermediate Bulk Container Reclaim

 

Global Quality Policy Manual

 

Kellogg Company Global Code of Ethics

 

Electronic Communication and Internet Policy

 

Grievance Handling Policy

 

Travel - Employee Use of Taxis Policy

 

Annexure G

 

Guarantee of Employee Entitlements

 

The parties acknowledge that Kellogg has an extremely long and profitable history both globally and within Australia. It is envisaged that this will continue into the long-term foreseeable future.

 

However, if for some unforeseen reason during the life of this Award should  Kellogg (Aust.) Pty Ltd cease to exist, the Company guarantees that all accrued employee entitlements to that point in time shall be protected.

 

 

 

 

T. M. KAVANAGH  J.

 

 

 

 

____________________

 

 

 

 

Printed by the authority of the Industrial Registrar.