DEVRO PTY LIMITED OPERATING EMPLOYEES AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Devro Pty
Limited.
(No. IRC 3553 of 2003)
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Before Commissioner
Cambridge
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7 August 2003
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AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Area,
Incidence and Duration
3. Anti-Discrimination
4. Consultative
Committee
5. Disputes
Procedure
6. Rates of
Pay and Classification Structure
7. Payment
of Wages
8. Terms of
Employment
9. New
Technology
10. Termination,
Change and Redundancy
11. Abandonment
of Employment
12. Allowances
13. Training
14. Mixed
Functions
15. Superannuation
16. Superannuation
Salary Sacrifice
17. Hours of
Work
18. Overtime
19. Annual
Leave
20. Bereavement
Leave
21. Personal/Carer's
Leave
22. Public
Holidays
23. Long
Service Leave
24. Parental
Leave
25. Sick Leave
26. Jury
Service
27. Accommodation
28. Manning
Levels
29. Job
Description Committee
30. Disciplinary
Procedure
31. Union
Recognition, Right of Entry and Membership
Annexure A - Salary Rates
Annexure B - Senior Operators
Annexure C - Drop Tests
Addendum A - Absenteeism Monitoring Committee
1. Title
1.1 This award
shall be known as the Devro Pty Limited Operating Employees Award 2003.
2. Area, Incidence and
Duration
2.1 This award
shall have operation at Devro Pty Limited's premises at 139 Sydney Road Kelso
NSW 2795 and at 46 Vale Road Bathurst NSW 2795 in respect of operating
employees who are, or are eligible to be, members of The Australasian Meat Industry
Employees' Union, New South Wales Branch.
2.2 The award
shall be binding upon:
(a) Devro Pty
Limited (hereinafter referred to as "the Company") in respect of its
premises at 139 Sydney Road Kelso NSW 2795 and at 46 Vale Road Bathurst NSW
2795 and all operating employees in the classifications contained herein; and
(b) The
Australasian Meat Industry Employees' Union, New South Wales Branch
(hereinafter referred to as "the Union").
2.3 This award
rescinds and replaces the Devro Pty Limited Operating Employees Award 2002
published 1 November 2002 (336 I.G. 997), made pursuant to the Industrial Relations Act 1996 (NSW), and
all other agreements, whether registered or not, made by the parties bound
hereby.
2.4 This award
will take effect from the beginning of the first full pay period on or after 27
June 2003. The wage rates prescribed in
Annexure A shall be payable from the first pay period on or after 3 February
2003, provided that there is no industrial action, bans or limitations imposed.
2.5 The award
shall remain in force until 3 February 2005.
If the parties to the award agree, the operation of the award may be
extended to 3 February 2006, provided this option is exercised before 30 June
2004.
2.6 If the option
to extend referred in subclause 2.5 of this clause is exercised and the parties
comply with the dispute procedure contained in clause 5 of the award for the
operation of the award, employees will be entitled to an additional bonus
payment, as set out in Appendix A.
2.7 The Company
reserves the right not to consent to the application if the application seeks
to vary any other part of this award.
3.
Anti-Discrimination
3.1 It is the
intention of the parties bound by this award to seek to achieve the objective
of in section 3(f) of the Industrial
Relations Act 1996 (NSW), to prevent and eliminate discrimination in the
workplace on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity age and responsibilities as a carer.
3.2 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 effect. 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.
3.3 Under the Anti-Discrimination Act 1977 (NSW), 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.
3.4 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 body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW); or
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
3.5 This clause
does not create legal rights or obligations in addition to those imposed upon
by the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in 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.”
4. Consultative
Committee
4.1 A Consultative
Committee which is formed of representatives of the workforce who are elected
by the workforce and Company representatives will administer the Productivity
Agreement, monitor the Key Performance Indicators and Measurement Criteria and
establish payment methods in respect of costs saved.
5. Disputes Procedure
5.1 At any stage
of a dispute an employee may elect to have an "accredited shop
steward" accompany such employees in any discussions undertaken under
Steps 1 and 2.
5.2 Should the
need for a "full-time" Union official be involved in Step 3 and
beyond, the Union shall be informed of the dispute.
Step 1
5.3 When an
employee has a complaint, he/she shall take the matter up with his/her
immediate Supervisor. The Supervisor
shall discuss the matter with the employee, obtain facts and a clear
understanding of the points to be considered.
5.4 The Supervisor
shall investigate the matter and consult the appropriate persons. He/she shall give an answer as soon as
possible and in any case within three working days unless an extension of time
is required (during the period Monday to Friday), in which case the employee
shall be so informed.
5.5 The Supervisor
shall ascertain whether his/her answer is satisfactory to the employee and, if
not, the Supervisor shall remind the employee that he/she is able to take up
the matter with the next higher level in the Company's Management structure.
5.6 The employee
should indicate his/her desire concerning the complaint when such action is required. The Supervisor shall remind the employee
that he/she is able to take up the matter with the next higher level in the
Company's Management structure.
5.7 The employee
should indicate his/her desire concerning the complaint when such action is required. The Supervisor shall arrange the forthcoming
interview and inform the employee of time, date and venue.
5.8 Should the
dispute not be resolved, Step 2 can be implemented.
Step 2
5.9 The employee
shall discuss the matter with the next level of supervision or other
representatives of Management, as appropriate to the department concerned, i.e.
Department Head. An answer shall be
given to the employee as soon as possible and in any case within one week from the
time the matter was referred to the particular Management representatives.
Step 3
5.10 The employee
who has the complaint shall refer the matter to his/her Union and the Union
shall make representations on such employee's behalf to Operations, Production
or Engineering Managers, or any combination thereof for decision and
finalisation.
Step 4
5.11 The Union shall
seek finalisation of the matter under dispute via Managing Director of his or
her nominated representative/s.
5.12 Should this
matter not be resolved to satisfaction under the provisions of this Step, Step
5 shall be implemented.
Step 5
5.13 The Union
and/or the Company shall refer the matter in dispute to the Industrial
Relations Commission of NSW.
5.14 Work will
continue normally whilst the matter is dealt with as provided in Steps 1
through to 5.
5.15 It shall be the
right of any employee to consult with the accredited Shop Steward or with the
appropriate Manager at any stage in this procedure.
5.16 This disputes
procedure relates to all disputes other than those concerning unsafe practices
and unsafe conditions, which shall be dealt with immediately within the scope
of the Company's pre-determined safety programme.
6. Rates of Pay and
Classification Structure
6.1 A weekly employee
will be paid the applicable ordinary rate of pay for the classification at
which he or she is employed as set out in Annexure A. Senior Operators will be appointed at the discretion of
management and the rate payable will be the highest skill level under the
Senior Operators' control plus seven and one half per cent.
6.2 Additional
increases in rates of pay to those contained in Annexure A will be payable in
consideration of measures developed though the Productivity Agreement and
Workplace Consultative Committee as established in clause 4, Consultative
Committee. The extent of any such
increases will be determined by the Company in consultation with the Workplace
Committee.
6.3 The rates of
pay contained in Annexure A are all-inclusive rates covering all rates and
allowances which, except as otherwise provided by the award, might be payable
to employees.
6.4 The
classification structure for Operators as set out in Annexure A is based upon
the position in which the operator is employed at any time.
6.5 Multi-skilled
Operators will be trained in and complete the cleaning of the Alfa Laval and
Break Tank Filters on a daily rotational basis.
7. Payment of Wages
7.1 Payment of
wages is to be made fortnightly in arrears by direct deposit to an account at
either a bank, Reliance Credit Union or St. George Bank, at each employee's
option.
8. Terms of
Employment
Full-time Employment
8.1 An employee
not specifically engaged as a part-time or casual employee shall be engaged as
a full-time employee.
Part-time Employment
8.2 A part-time
employee may be engaged pursuant to the provisions of Chapter 2 Part 5 of the Industrial Relations Act 1996 (NSW).
8.3 An employee
may be engaged to work on a part-time basis for a constant number of hours
which shall average less than the number of hours worked by a weekly employee.
8.4 A part-time
employee shall be paid the same ordinary hourly rate as a weekly employee and
shall be entitled to leave provisions on a pro rata basis.
Casual Employment
8.5 A casual employee,
in lieu of all leave entitlements under this award, but excepting those derived
from the Annual Holidays Act 1944
(NSW) and Long Service Leave Act 1955
(NSW), shall be paid a loading of 20 per cent in addition to the appropriate
rate of pay.
General Provisions
8.6 A full-time
and part-time employee shall be paid by the week and, except in the case of
misconduct, justifying summary dismissal, the employment may be terminated by
either party giving to the other the appropriate notice as prescribed by
subclauses 10.13 and 10.14 of clause 10, Termination, Change and Redundancy, or
payment or forfeiture of pay in lieu thereof.
8.7 This clause
shall not affect the right of the Company to dismiss an employee without notice
for refusal of duty, malingering, inefficiency, neglect of duty or misconduct,
and in such cases the wages shall be payable up to the time of dismissal only.
8.8 The Company
may direct an employee to carry out such duties as are within the limits of an
employee's skill, competence and training, and the employee will follow such
direction.
9. New Technology
9.1 Should the
Company desire to introduce new technology, the following provisions shall
apply:
(a) At least six months
before the introduction of any such change or, if it is not practicable to do
so, as early as it is practicable to give notice, the Company shall notify the
relevant Union in writing of the proposed change or introduction.
(b) There shall be
a trial period during which the new technology/machinery is to be assessed by
the parties as to its effect upon employment.
(c) The length of
the trial period or any extension of the trial period shall be as agreed
between the Company and the Union or, failing agreement, such period or further
period as may be ordered.
(d) During the
trial period a committee of an agreed size comprising a representative or
representatives of the Company and the Union shall monitor the operations of
the new technology or equipment.
Members of the Monitoring Committee shall have full access to any
records relating to the operation of the new technology or equipment, including
details or records maintained by the Company or the Union of its operation
during the trial period.
(e) At the
conclusion of the trial period the Union and the Company shall confer on any
alteration to the previous system required as a result of the introduction of
the new technology or equipment. In the
absence of agreement as to the appropriate alteration or alterations to be
made, the matter shall be notified pursuant to section 130 of the Industrial Relations Act 1996 (NSW), if
not already the subject of proceedings under the Industrial Relations Act 1996 (NSW).
(f) While the
foregoing procedures are being followed, work shall proceed normally and
without direct action being taken in relation to issues involved in the
proposed change or introduction.
(g) For the
purposes of this clause, "new technology" shall mean any new or
significantly different plant, equipment layout or system design in any
establishment covered by this award which has not already been valued for the
purposes of this award by a tribunal under the Industrial Relations Act 1996 (NSW) or any Act replacing it and in
respect of which the Company or their nominated representative seeks a value
for the purposes of this award.
10. Termination,
Change and Redundancy
Application
10.1 This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by this award.
10.2 The Company is
required to notify the Union in writing of the terminations and, if requested,
shall hold discussions with the Union about the said terminations.
The Company's Duty to Notify
10.3 Where the
Company has made a definite decision to introduce major changes in production,
programme, organisation, structure or technology that are likely to have
significant effects on employees, the Company shall notify the employees who
may be affected by the proposed changes and the Union to which they belong.
10.4 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Company's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
10.5 Provided that, where
this award makes provision for alteration of any of the matters referred to
herein, an alteration shall be deemed not to have significant effect.
The Company's Duty to Discuss Change
10.6 The Company
shall discuss with the employees affected and the Union to which they belong,
inter alia, the introduction of the changes referred to in subclauses 10.3,
10.4 and 10.5 of this clause, the effects the changes are likely to have on
employees and measures to avert or mitigate the adverse effects of such changes
on employees, and shall give prompt consideration to matters raised by the
employees and/or the Union in relation to the changes.
10.7 The discussions
shall commence as early as practicable after a definite decision has been made
by the Company to make the changes referred to in the said subclauses 10.3,
10.4 and 10.5.
10.8 For the
purposes of such discussions, the Company shall provide to the employees
concerned and the Union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees;
provided that the Company shall not be required to disclose confidential
information the disclosure of which would adversely affect the Company.
Redundancy
Discussions before Termination
10.9 Where the
Company has made a definite decision that the Company no longer wishes the job
the employee has been doing to be done by anyone, pursuant to subclauses 10.3,
10.4 and 10.5 of this clause, and that decision may lead to the termination of
employment, the Company shall hold discussions with the employees directly
affected and with the Union to which they belong.
10.10 The discussions
shall take place as soon as practicable after the Company has made a definite
decision which will invoke the provision of subclause 10.9 of this clause and
shall cover, inter alia, any reason for the proposed terminations, measures to
avoid or minimise the terminations and measures to mitigate any adverse effects
of any termination on the employees concerned.
10.11 For the purpose
of the discussions the Company shall, as soon as practicable, provide to the
employees concerned and the Union to which they belong all relevant information
about the proposed terminations, including the reasons for the proposed
terminations, the number and categories of employees likely to be affected, the
number of employees normally employed and the period over which the
terminations are likely to be carried out.
Provided that the Company shall not be required to disclose confidential
information the disclosure of which would adversely affect the Company.
Termination of Employment
Notice of Termination
10.12 This subclause
sets out the notice provisions to be applied to terminations by the Company.
10.13 In order to
terminate the employment of an employee, the Company shall give to the employee
the following notice:
|
Period of
Continuous Service
|
Period of Notice
|
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Less than 1 year
|
1 week
|
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1 year and less than 3 years
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2 weeks
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3 years and less than 5 years
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3 weeks
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5 years and over
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4 weeks
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10.14 In addition to
the notice above, employees over 45 years of age at the time of giving of the
notice, with not less than two years' continuous service, shall be entitled to
an additional week's notice.
10.15 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.
Notice for Technological Change
10.16 This subclause
sets out the notice provisions to be applied to terminations by the Company for
reasons arising from technology in accordance with subclauses 10.3, 10.4 and
10.5 of this clause.
10.17 In order to
terminate the employment of an employee, the Company shall give to the employee
three months' notice of termination.
10.18 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.
Time Off during the Notice Period
10.19 During the
period of notice of termination given by the Company, 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 purpose of seeking other
employment.
10.20 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 Company, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
Employee Leaving during the Notice Period
10.21 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 Company until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
Statement of Employment
10.22 The Company
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.
Notice to Centrelink
10.23 Where a decision
has been made to terminate employees, the Company shall notify Centrelink
thereof as soon as possible, giving relevant information, including the number
and categories of the employees likely to be affected and the period over which
the terminations are intended to be carried out.
Employment Separation Certificate
10.24 The Company
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 Centrelink (or such other organisation responsible for
unemployment benefits).
Transfer to Lower-paid Duties
10.25 Where an
employee is transferred to lower-paid duties for reasons set out in subclauses
10.3, 10.4 and 10.5 of this clause, the employee shall be entitled to the same
period of notice of transfer as that to which the employee would have been
entitled if the employee's employment had been terminated, and the Company may,
at the Company'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 rates for the number of weeks of notice still owing.
Severance Pay
10.26 Where the
employment of an employee is to be terminated pursuant to subclauses 10.9,
10.10 and 10.11 of this clause, subject to further order of the Industrial
Relations Commission of New South Wales, the Company shall pay the employee the
following severance pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the Company shall pay a payment of three weeks' pay
for each year, or part thereof, of service up to a maximum of 35 weeks' pay.
(b) Where an
employee is 45 years of age or over, the entitlement shall be increased by 25
per cent.
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
over-award payments, shift penalties and allowances.
Incapacity to Pay
10.27 Subject to an
application by the Company and further order of the Industrial Relations
Commission of New South Wales, the Company may pay a lesser amount (or no
amount) of severance pay than that contained in subclause 10.26 of this clause.
10.28 The Industrial
Relations Commission shall have regard to such financial and other resources of
the Company concerned as the Commission thinks relevant, and the probable
effect paying the amount of severance pay in the said subclause 10.26 will have
on the Company.
10.29 Alternative
Employment - Subject to an application by the Company and further order of the
Commission, the Company may pay a lesser amount (or no amount) of severance pay
that contained in the said subclause 10.26 if the Company obtains acceptable
alternative employment for an employee.
Savings Clause
10.30 Nothing in this
award 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
the Company bound by this award.
10.31 Nothing in this
award shall be construed so as to limit the obligation of the Company under
clause 9, New Technology.
11. Abandonment of
Employment
11.1 The absence of
an employee from work for a continuous period exceeding three working days
without the consent of the Company and without notification to the Company
shall be prima facie evidence that the employee has abandoned his/her
employment. Provided that:
(a) If, within a
period of 14 days from his/her last attendance at work or the date of his/her
last absence in respect of which notification has been given or consent has
been granted, an employee has not established to the satisfaction of the
Company that he/she was absent for reasonable cause, he/she shall be deemed to
have abandoned his/her employment.
(b) Termination of
employment by abandonment in accordance with this subclause shall operate as
from the date of the last attendance at work or the last day's absence in
respect of which consent was granted, or the date of the last absence in
respect of which notification was given to the Company, whichever is the later.
12. Allowances
Senior Operators
12.1 Where the
Company appoints a Senior Operator, such employee shall be paid the rate
payable to the highest skill level under the Senior Operators control plus
seven and one half per cent.
Occupational First Aid
12.2 The Company
will provide on each shift for one person trained to the level of Occupational
First Aid. A payment of $10.00 per week
will apply to each employee chosen by the Company to carry out the Occupational
First Aid role.
13. Training
13.1 An employee in
any area required by his/her Supervisor to act as a trainer of new employees
shall be paid an allowance of $5.00 per day or part thereof during which he/she
is engaged in such training.
13.2 The period of
training for an employee shall be at the discretion of the Supervisor.
13.3 This allowance
shall not apply to employees whose normal duties include training (e.g. Senior
Operators/Leading Hands).
14. Mixed Functions
14.1 An employee
engaged for more than two hours during one day or shift on duties carrying a
higher rate than his ordinary classification shall be paid the higher rate for
such day or shift. If he or she is
engaged for two hours or less during one day or shift, he shall be paid the
higher rate for the time so worked.
15. Superannuation
15.1 All employees
covered by this award will join the Devro Retirement Benefits Plan and will be
bound by the Trust Deed that applies to it.
16.
Superannuation - Salary Sacrifice
16.1 The Company and
an employee may enter into effective salary sacrifice arrangements if:
(a) the employee
requests a salary sacrifice arrangement;
(b) the
arrangement is settled before the employee earns any right to payment of the
amounts to be sacrificed; and
(c) the employee
signs an election to salary sacrifice prepared by the Company.
16.2 The employee
may make a request for a salary sacrifice arrangement in accordance with this
subclause once annually. This may be
varied subject to the approval of the Company.
16.3 In the salary
sacrifice arrangement, the employee may sacrifice any portion of their base
salary (as specified in Annexure A) (including the compulsory employer
contribution as specified in relevant legislation) for such salary.
16.4 Upon entering
into a salary sacrifice agreement, the employee’s salary in respect of all
purposes, including all entitlements under this award, (as specified in
Annexure A) shall be immediately reduced by the amount sacrificed to
superannuation as agreed in the writing between the employee and the Company.
16.5 The Company or
the employee may cancel a salary sacrifice arrangement made under this
subclause in the event that changes in relevant legislation or policy
materially alter the benefit of the employee or the cost to the Company of the
salary sacrifice arrangement.
16.6 The
implementation of any salary sacrifice arrangement is subject to the terms of
the Trust Deed of the Devro Retirement Benefits Plan and the agreement of the
Company.
17. Hours of Work
Day Work
17.1 The ordinary
hours of work for day workers shall not exceed 152 hours in each 28-day cycle
to be worked Monday to Friday inclusive.
Each day is to be worked as eight hours continuously except for meal
breaks. The spread of hours shall be
between 6:00 a.m. and 5:30 p.m.
17.2 Day workers
shall be entitled to an unpaid meal break of a specified duration which shall
not be less than 30 minutes or more than one hour. Day workers shall be entitled to one 20 minutes' break each
forenoon and one 20 minutes' break each afternoon worked to be paid as working
time. Time taken for these breaks shall
be mutually agreed between the Company and the employees.
Shift Work
17.3 The ordinary
hours of work for seven-day continuous shift workers shall not exceed 152 hours
in each 28-day cycle. Each shift is to
be worked as eight hours continuously.
One compulsory overtime shift per 28-day cycle is mandatory for all
continuous shift workers.
17.4 Three 20-minute
crib breaks shall be allowed during each shift, each of which shall be counted
as time worked.
17.5 A shift worker
whilst on afternoon or night shift shall be paid for such shift 20 per cent
more than his/her ordinary rate.
17.6 All shift work
performed on a Saturday will be paid at time and one half ordinary time rates to
a shift worker for ordinary hours worked.
All shift work performed on a Sunday will be paid at double ordinary
time rates. Such penalties are in
substitution for and not cumulative upon the shift premiums in subclause 17.5
of this clause.
17.7 All shift work
performed in excess of or outside the ordinary hours prescribed herein or
designated in the roster shall be paid at the rate of double time.
17.8 The first eight
hours of work performed on a public holiday shall be paid at the rate of double
ordinary time in addition to the ordinary day’s pay. All work in excess of eight hours shall be paid for at the rate
of treble time.
17.9 An employee's
place on the roster may be altered by giving not less than 48 hours' notice of
such change. If less than 48 hours'
notice is given, the employee shall be entitled to payment pursuant to
subclause 17.7 of this clause until the expiration of 48 hours for all time
worked outside his or her ordinary hours.
17.10 In this clause
and wherever used, the following words or phrases have the following meaning:
(a) Shift Worker -
an employee rostered to work according to a roster providing weekly shift
rotation which may include as ordinary working days Saturdays, Sundays and
public holidays.
(b) Afternoon
Shift - a shift finishing after 6:00 p.m. and at or before midnight.
(c) Night Shift -
a shift finishing subsequent to midnight and at or before 8:00 a.m.
18. Overtime
Day Work
18.1 All time worked
in excess of eight hours on any day, Monday to Friday inclusive, or outside the
hours prescribed for day workers in this award, shall be paid for at time and
one half for the first two hours and double time thereafter calculated on a
daily basis.
18.2 All time worked
on Sunday shall be paid for at the rate of double time.
18.3 For the
purposes of the Finishing Department only, all work in excess of eight hours on
a Saturday will be paid for at the rate of double time.
18.4 The first eight
hours of work performed by day workers on a public holiday shall be paid at the
rate of double time in addition to the ordinary day’s pay. All work in excess of eight hours shall be
paid for at the rate of treble time.
18.5 A day worker
required to work on a Sunday or public holiday shall be paid for a minimum of
four hours' work at the appropriate rate.
18.6 A shift worker
called in to work on a public holiday other than on his rostered shift shall be
paid for a minimum of four hours work at the appropriate rate.
Shift Work
18.7 All shift work
performed in excess of or outside other ordinary hours prescribed herein or
designated in the roster shall be paid at the rate of double time.
Provisions of Meals on Overtime and Crib Breaks
18.8 An
employee required to work overtime in excess of one and a half hours after
working ordinary hours shall either be supplied with a meal upon the production
of a food voucher or vouchers by the Supervisor, or paid $7.75 meal
allowance. This is the only occasion on
which a meal allowance is payable. The
meal allowance will be increased each year by the percentage increase in the
ABS CPI for the weighted average of eight capital cities in respect of the
subgroup "Meals out and take away foods" for the June quarter. This increase will be effective on and from
the first pay period in June each year.
18.9 An
employee working overtime shall be allowed a crib time of 20 minutes, without
deduction of pay, after each four hours of such time worked.
18.10 Unless the period of overtime is less than one and a half hours,
an employee, before starting overtime after working ordinary hours, shall be
allowed a meal break of 20 minutes which shall be paid for at time and one
half. The Company and the employee
concerned may agree to any variation of this provision to meet the
circumstances of the work in hand, provided that the Company shall not be
required to make any payment in respect of any time allowed in excess of 20
minutes.
18.11 Crib breaks will be assumed to have been taken unless the time
sheet shows otherwise.
18.12 Crib breaks are to be seen as part of the overtime period and as
such are repaid at the appropriate rate.
19. Annual Leave
19.1 All leave is
provided as per the Annual Holidays Act
1944 (NSW).
19.2 In addition to
the leave provided by subclause 19.1 of this clause, seven-day continuous shift
workers, that is, shift workers who are rostered to work regularly on
Saturdays, Sundays and public holidays, shall be allowed six days in additional
Annual Leave, provided that, if during the year of employment an employee has
served a portion of it as a seven-day continuous shift worker, the additional
leave shall be one day for every 36 ordinary shifts worked as a seven-day
continuous shift worker.
Single-day Leave
19.3 Production employees
will be permitted to take single-day absences as Annual Leave subject to the
following conditions. This will apply
equally to day workers and shift workers.
19.4 The minimum
amount of Annual Leave that will be approved is four hours.
19.5 Notice of a
request for a single-day absence must be given prior to the day requested on
the leave application form.
19.6 The Company
reserves the right to refuse approval for a single-day absence if less than one
day's notice is given or if problems are experienced in organising cover.
19.7 Single-day
absences will not be approved if they will result in the employee not having
enough leave days available for leave periods already planned (e.g. Annual
Leave, Christmas Leave, Shutdown Leave).
Notice of Intention to Take Annual Leave
19.8 Production
employees should tend as much notice as possible to the Company when signifying
their intention to take Annual Leave.
19.9 A minimum
period of two weeks in advance giving notice of intention to proceed on Annual
Leave will be the Company requirement.
19.10 Exceptional
circumstances will always be taken into account and may alter practices as
indicated in subclauses 19.8 and 19.9 of this clause.
Period Of Annual Leave
19.11 A minimum of 22
days' Annual Leave for shift workers and 17 days for day workers will be
required to be taken in any calendar year.
Therefore a maximum of three days can be carried forward in the next
calendar year.
19.12 Employees who do
not take the required Annual Leave during the calendar year, following
consultation, will be directed to do so.
A minimum of one month's notice will be given prior to the allocated
days off.
19.13 Where possible,
unless leave is taken under the conditions of the single-day process, minimum
periods of five working days for shift workers and three working days for day
workers should be taken.
19.14 Where possible,
Annual Leave periods should commence or finish with normal "off days"
as indicated by the particular employee's shift system.
19.15 Employees who have
an excessive Annual Leave balance for the previous year can, following
consultation and agreement, be directed to take leave. A minimum of one month's notice will be
given prior to the allocated days off.
This will only apply to those employees who have accrued excessive leave
during the life of this award.
Permitted Numbers
19.16 The following
employees will be permitted to be off on Annual Leave and/or Long Service Leave
at any one time:
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Primary Collagen Plant
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1 Operator
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Hide, Gels and Solutions
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Shift work - 1 Operator
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Day work - 1
Operator
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Continuous Lines
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A Shift - 3 Operators
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B Shift - 3 Operators
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C Shift - 3 Operators
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D Shift - 3 Operators
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Day work - 1 Operator
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Finishing
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1 Operator
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General Duties
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1 Operator
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Warehouse
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1 Operator
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Canteen
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1 Operator
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19.17 Exceptional
circumstances will always be taken into account and may alter practices as
indicated in subclause 19.16 of this clause.
Application for Annual Leave
19.18 Application
forms for Annual Leave must be completed by the individual employees and given
to his/her immediate Supervisor or Senior Operator.
19.19 Approvals for
Annual Leave will be processed strictly in accordance with receipt of
application forms.
19.20 When a leave
application is approved, the original of the application form will be passed to
the pay office. A copy of the approved
form, complete with any endorsements or conditions, may be returned to the
applicant if required.
Recording Of Annual Leave Approvals
19.21 On approval,
Annual Leave will be displayed and recorded on appropriate charts or diaries
located in the appropriate departments.
Exceptional Circumstances
19.22 Each case
claiming "exceptional circumstances" will be considered on merit.
20. Bereavement Leave
20.1 An employee,
other than a casual employee, shall be entitled to up to four days' Bereavement
Leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death in Australia of a person prescribed in subclause
21.3 of clause 21, Personal/Carer's Leave.
Provided that, with the consent of the Company, which consent shall not
be unreasonably withheld, an employee shall, in addition to this entitlement to
paid Bereavement Leave, be entitled to reasonable unpaid Bereavement Leave up
to ten working days in respect of the death within Australia or overseas of a
person to whom this clause applies.
20.2 The employee
must notify the Company as soon as practicable of the intention to take
Bereavement Land and will provide, to the satisfaction of the Company, proof of
death. Bereavement Leave shall be
available to the employee in respect to the death of a person prescribed for
the purposes of Personal/Carer’s Leave as set out in the said subclause 21.3
provided that, for the purpose of Bereavement Leave, the employee need not have
been responsible for the care of the person concerned.
20.3 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.
20.4 Bereavement
Leave may be taken in conjunction with other leave available under clauses 19,
Annual Leave, 21, Personal/Carer's Leave, and 25, Sick Leave. In determining such a request the Company
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
21. Personal/Carer's
Leave
Use of Sick Leave
21.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subclause 21.3 of this clause, 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 25, Sick
Leave, for absences to provide care and support, for such persons when they are
ill, provided that a maximum of eight days' Sick Leave per annum may be used
for this purpose. Such Leave may be
taken for part of a single day.
21.2 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.
21.3 The entitlement
to use Sick Leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) 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; or
(iii) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
(A) "relative"
means a person related by blood, marriage or affinity;
(B)
"affinity" means a relationship that one spouse because of marriage
has to blood relatives of the other; and
(C) "household"
means a family group living in the same domestic dwelling.
(c) An employee
shall, wherever practicable, give the Company 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 Company by telephone of such absence at the first opportunity
on the day of absence.
Unpaid Leave for Family Purpose
21.4 An employee may
elect, with the consent of the Company, to take unpaid leave for the purpose of
providing care and support to a member of a class of person set out in subclause
21.3 of this clause who is ill.
Annual Leave
21.5 An employee may
elect with the consent of the Company, subject to the Annual Holidays Act 1944 (NSW), 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.
21.6 Access to
Annual Leave, as prescribed in subclause 19.3 of clause 19, Annual Leave, shall
be exclusive of any shutdown period provided for elsewhere under this award.
21.7 An employee and
the Company 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.
22. Public Holidays
22.1 The following
shall be recognised as holidays and, except when they fall on a non-working
day, shall be allowed to all weekly employees other than seven-day shift
workers on full pay:
New Year's Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas
Day and Boxing Day, together with any other day or part-day gazetted and
observed throughout the State as a public holiday.
22.2 In addition to
the holidays prescribed in subclause 22.1 of this clause, one additional day
per annum shall be observed as a holiday in lieu of a Picnic Day on a day
agreed between the Company and the Unions.
In the case of a shift worker, such a day shall be added to Annual Leave
if the employee is on Annual Leave at the time the holiday occurs.
23. Long Service
Leave
See Long Service Leave
Act 1955 (NSW).
24. Parental Leave
Refer to Chapter 2 Part 4 Divisions 1 and 2 of the Industrial Relations Act 1996 (NSW).
25. Sick Leave
Entitlement
25.1 An employee who
is absent from his/her work on account of personal illness or injury shall be
entitled to Sick Leave without deduction of ordinary pay in accordance with
this clause.
25.2 Employees will
be entitled to up to eight weeks' Sick Leave per Sick Leave incident.
Conditions and Limitations
25.3 Paid Sick Leave
shall be subject to the following conditions and limitations.
(a) An employee
shall not be entitled to paid Sick Leave for any period in respect of which
he/she is entitled to workers' compensation.
(b) An employee
who claims to be allowed paid Sick Leave in accordance with this clause for an
absence of beyond two days in succession shall not be entitled to payment
unless he/she produces to the Paymaster a certificate of a duly qualified
medical practitioner that in his/her opinion the employee was unable to attend
for duty on account of personal illness or injury.
Sick Leave Control Procedures
25.4 A Sick Leave
Monitoring Committee will be established consisting of Company representatives
and employee representatives elected by their peers. The purpose of the committee will be to develop a Sick Leave
control procedure within six months of the date of approval of this award. These procedures will be implemented in
accordance with this award (refer to Addendum A).
26. Jury Service
26.1 An employee on
weekly hiring required to attend for Jury Service during his/her ordinary
working hours shall be reimbursed by the Company an amount equal to the
difference between the amount paid in respect of his/her attendance for such
Jury Service and the amount of salary he/she would have received in respect of
the ordinary time he/she would have worked had he/she not been on Jury Service.
26.2 An employee
shall notify the Company as soon as possible of the date upon which he/she is
required to attend for Jury Service.
Further, the employee shall give the Company proof of his/her
attendance, the duration of such attendance and the amount received in respect
of such Jury Service.
27. Accommodation
27.1 Subject to the
provisions of the Factories, Shops and
Industries Act 1962 (NSW), the Company shall provide for the use of its
employees:
(a) A dressing
room, containing hot and cold showers and a dining room.
(b) An adequate
locker for each employee.
(c) Facilities for
boiling water and provision for heating food for meals and at rest periods
(when boiling water is provided).
(d) Adequate
first-aid equipment.
27.2 Where females
are employed, the above dressing, shower and locker facilities shall be
separate from the males.
27.3 The Company
shall cause all accommodation to be kept in a clean and sanitary condition with
the co-operation of the employees.
28. Manning Levels
28.1 A minimum
factory staffing level of 12 operators will apply.
28.2 This level of
staffing will be used at the discretion of Supervision, dependent upon skill
levels and workload requirements.
29. Job Description
Committee
29.1 A Job
Descriptions Committee will be formed of representatives of the workforce who
will be elected by the workforce and Company representatives to prepare and
agree to job descriptions which outline the various positions covered by this
agreement. These descriptions will be
filed as an addendum to the award in the future.
30. Disciplinary
Procedure
General
30.1 This disciplinary
procedure is directed towards correcting and/or improving an employee's conduct
on occasions when that conduct is unacceptable and to ensure the employee is
treated fairly.
30.2 The
disciplinary procedure, in the majority of cases, shall be used to assist an
employee to understand Company policy and requirements.
30.3 The Company
disciplinary procedure consists of three levels:
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Level One
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Formal interview
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Level Two
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Warning
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Level Three
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Final Warning
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30.4 The levels of discipline
may or may not be administered in a sequential manner depending upon the
situation.
30.5 The
circumstances surrounding an employee's action and the seriousness of those
actions will determine what level of the disciplinary procedure is appropriate.
30.6 Throughout the
application of the disciplinary procedure, employees will be provided with the
opportunity to present their own view of the situation and reasons for their
conduct.
30.7 When an
employee disagrees with a formal interview or formal warning, a request to
review the disciplinary action may be made by the employee to the next level of
line management. In the case of final
warning, a request for review may be made to the Personnel Department through
the immediate Supervisor.
30.8 A written
record of the application of all levels of the disciplinary procedure (except
informal discussions) will be made available and placed on an employee's
personal file, with a copy also to be made available to the employee at the
time of the procedure.
30.9 The
disciplinary procedure will be conducted by the immediate Supervisor or
Department Manager.
Level One - Formal Interview
Informal Verbal Dialogue
30.10 This step should
be used to outline relevant Company policy and requirements and to correct any
employee misinterpretation.
30.11 Continued
informal discussion of an employee's inappropriate conduct by the employee will
lead to a formal interview. The need to
progress to formal interview will be established by the Supervisor and will
include consideration of the nature of the employee conduct, the frequency of
informal discussions and the employee's response to previous formal
discussions.
Formal
30.12 This step requires a detailed discussion of an employee's
inappropriate conduct and how the conduct is contrary to relevant Company
policy and requirements (whether or not the employee is aware of the Company
policy), any underlying reasons for the conduct and a participative commitment
to correct and/or improve the area of concern.
Formal interviews should be clearly seen and understood to have an
assistance and educational function within the disciplinary procedure.
30.13 The procedure involves discussion of the following matters with
the employee and documented accordingly:
(a) What is required
of the employee.
(b) Where and how
the employee's conduct does not comply with relevant Company policy and
requirements.
(c) What is to be
done by the employee to meet Company policy and requirements and appropriate steps
which may assist the employee.
(d) The outcome of
failure to meet Company policy and requirements.
(e) The duration
for which this warning will remain effective is for three months.
Level Two - Formal Warning
30.14 When an employee
continues with inappropriate conduct after the formal interview level, or
engages in misconduct of a minor nature, the Supervisor shall investigate the
matter and issue a formal warning in writing, indicating to the employee:
(a) What is
required of the employee.
(b) Where and how
the employee's conduct does not comply with relevant Company policy and
requirements (whether or not the employee is aware of the Company policy).
(c) What is
expected of the employee to meet Company rules and requirements and appropriate
steps which may assist the employee.
(d) The outcome of
failure to meet Company policy and requirements.
(e) The duration
for which this warning will remain effective is for three months.
Level Three - Final Warning
30.15 A final warning
will only be issued when the specific conduct complained of persists and after
the employee having received informal interview and written warnings in
accordance with this clause respectively. Where an employee fails to meet
Company policy and requirements after these warnings, the Supervisor should
issue a final warning. Final warning is
the last step before an employee is dismissed and will be in writing.
30.16 The procedure
for a final warning involves a review of the relevant disciplinary procedure to
date or the misconduct and the offer to the employee of opportunity to prove an
explanation.
30.17 The written
advice of final warning issued to the employee will contain the following
information:
(a) A statement
that this is a final warning.
(b) Identification
of the inappropriate conduct by the employee with reference to relevant Company
policy and requirements.
(c) A summary of
relevant disciplinary procedure to date.
(d) Detailing that
a specific change is required in the employee's conduct and failure to achieve
the specific change will lead to dismissal.
(e) The duration
for which this warning will remain effective is six months.
Dismissal
30.18 Where an
employee fails to meet the requirements clearly identified in the written
advice of final warning, or engages in serious misconduct, the Supervisor
should seek dismissal of the employee.
Dismissal may take the form of dismissal with notice or it may be
summary dismissal.
Opportunity to Respond
30.19 At all stages of
the disciplinary procedure, employees will be given an opportunity to explain
their conduct or to respond to allegations made against them. Employees subject to disciplinary action
will be given a detailed account of any allegations made against them in order
that they can respond.
Level of Discipline
30.20 The levels of
discipline outlined in the disciplinary procedure may or may not be
administered in a sequential manner depending upon the situation.
30.21 The level of
discipline appropriate in any particular situation will depend upon a number of
factors, including the seriousness of the conduct concerned, the circumstances
in which such conduct occurs and any interviews/warnings which are currently
effective and relevant.
30.22 Many factors are
involved in individual cases and these must all be considered prior to
instituting the level of the disciplinary procedure. Subclause 30.24 of this clause contains some general guidelines
which may help to indicate what level should be applied.
30.23 These guidelines
are for the assistance of employees, Supervisors and Union delegates, and
should not be taken to limit the instances or manner in which the disciplinary
procedure may be administered. The
examples provided are not exhaustive and should not be taken to be exhaustive.
Guidelines for the Application of the Disciplinary Procedure
30.24 The following
areas of conduct may be addressed through either informal discussions formal
interviews of formal warning depending upon the circumstances of each
particular situation.
Level One - Formal Interviews
(a) Absenteeism.
(b) Malingering,
neglect of duty, inefficiency.
(c) Misbehaviour,
disobedience, abuse, insubordination.
(d) Breach of
Company policies.
(e) Or the like.
Levels Two and Three
(f) As above, but
considered to be of a more severe nature.
(g) Discrimination
(all types).
(h) Sexual
harassment.
Instant Dismissal
30.25 Areas of conduct
deemed to warrant immediate dismissal in line with award provisions and Company
policies.
Guidelines in the Administration of the Disciplinary
Procedure
30.26 Whilst the
effectiveness of any disciplinary procedure involves many factors, the
following key points are highlighted as being particularly important.
30.27 Responsibility
for the administration of the disciplinary procedure belongs with an employee's
immediate Supervisor and the Production Manager in consultation with a Union
delegate if the employee chooses to involve the Union delegate.
30.28 Administration
of the disciplinary procedure depends upon the Union delegate and Supervisor's
clear understanding of Company policies and requirements, and informing
employees of these policies and requirements.
30.29 The disciplinary
procedure should be applied:
(a) Promptly with
minimum delay.
(b) Objectively,
i.e. focus upon the conduct concerned not the person involved.
30.30 Normal working
relationships with the employee and Supervisor should be re-established once
the disciplinary procedure is complete.
Devro Pty Limited
Disciplinary Procedure
Level Two - Formal
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Name:
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Department:
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Supervisor:
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Union Delegate:
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Date:
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1. Nature of Problem:
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2. Employee has been informed that this
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conduct consolidates a final warning for minor
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misconduct or a second warning relating to a
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previous warning for similar incidents.
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■ Yes
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3. Employee Comments:
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4. To be rescinded
(3 months from the above date)
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Level Three - Final
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Name:
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Department:
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Supervisor:
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Union Delegate:
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Date:
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1. Nature of Problem:
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2. Discipline to Date:
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3. Change Required:
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4. To be Rescinded:
........................................…….. (6 months from the above date)
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THIS IS A FINAL WARNING.
FAILURE TO COMPLY WITH THE CHANGE REQUIRED ABOVE
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WILL RESULT IN A NOTICE OF DISMISSAL.
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Notice of Dismissal
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Name:
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Department:
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Supervisor:
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Union Delegate:
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Date:
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1. The abovenamed employee will terminate
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as from ............................................. in
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accordance with the Devro-Teepak Code of
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Behaviour.
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2. Nature of Problem:
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3. Notice Period Required:
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Yes No
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4. Summary Dismissal:
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Yes
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31. Union Recognition,
Right of Entry and Membership
Union Recognition
31.1 The Company
recognises and supports the right of The Australasian Meat Industry Employees'
Union, New South Wales Branch (AMIEU) to represent employees employed in classifications
covered by this award and for those employees to join and remain members of the
AMIEU.
31.2 The Company’s
management is committed to providing the AMIEU with an opportunity during
induction training to address new employees and provide them with membership
application forms.
31.3 A duly
accredited representative of the AMIEU shall have the right to enter an
employer's premises during the meal hour for the purpose of interviewing
employees on legitimate union business on the following conditions:
(a) that they
produce their authority to the Manager or such other person as may be appointed
by the employer;
(b) that they
interview employees only at the place where they are taking their meal; that
not more than two representatives visit the same premises more than once a
week; and
(c) that, if any
employer alleges that a representative is unduly interfering with the business
or creating disaffection amongst their employees or is offensive in their
methods, or is committing a breach of any of the previous conditions, such
employer may refuse the right of entry.
Union Application Forms
31.4 All employees
shall be given an application form to join the Union at the point of
recruitment.
Trade Union Training Leave
31.5 The Company
will grant three days' paid leave each year for two delegates to undertake an
authorised trade union course. Such
leave is non-cumulative.