COLES MYER LOGISTICS PTY LTD GOULBURN AND SOMERSBY D.C. CONSOLIDATED
AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by National
Union of Workers, New South Wales Branch, industrial organisation of employees.
(No. IRC 5289 of 2002)
|
Before Commissioner
O'Neill
|
10 October and 6 December 2002
|
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Basic
Wage
2. Parties
3. Area, Incidence
and Duration
4. Criteria
for Promotion
5. Manning
Levels
6. Hours of
Day Work
7. Shift
Work
8. Definitions
9. Wages
10. Superannuation
11. First Aid
12. Flexible
Workforce
13. Payment of
Wages
14. Mixed
Functions
15. Overtime
16. Meal
Breaks and Rest Pauses
17. Meal Hour
Rates of Pay
18. Meal
Allowance
19. Crib Time
20. Holidays
21. Sunday
Work
22. Annual
Leave and Annual Leave Loading
23. Long
Service Leave
24. Sick Leave
24A. Personal/Carer's
Leave
25. Bereavement
Leave
26. Fares and
Travelling Time
27. Terms of
Engagement
28. General
Conditions
28A. Anti-Discrimination
29. Union
Delegates
30. Settlement
of Disputes
31. Special
Rate
32. Jury
Service
33. Attendance
at Repatriation Centres
34. Right of
Entry
35. Basis of
Award
36. Formal
Counselling Procedure
37. Leave
Reserved
38. Transmission
of Business
39. Union
Recognition and Membership
40. Introduction
of Change
41. Agreement
in Principle Regarding Bonus Scheme
42. Polo
Shirts and Jumpers
43. Entire
Agreement
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART C
Rosters
PART D
Goulburn Site Agreement
Somersby Site Agreement
PART A
1.
Basic Wage
This award, in so far as it fixes rates of wages, is made by
reference and in relation to the adult basic wage as set out in Part B,
Monetary Rates.
The said basic wage may be varied by the Industrial
Relations Commission of New South Wales under subclause (2) of clause 15 of
Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions,
of the Industrial Relations Act 1996.
A reference in this award to the adult basic wage is to be
read as a reference to the adult basic wage currently in force under the said
clause 15.
2.
Parties
The parties to this award are the National Union of Workers,
New South Wales Branch and Coles Myer Logistics Pty Limited.
3.
Area, Incidence and Duration
This award regulates, in whole and exclusively, the
conditions of employment of all storepersons employed by Coles Myer Logistics
Pty Ltd at:
Goulburn D.C., Ducks Lane, Goulburn, New South Wales,
and
Somersby D.C., Lot 11 Kangoo Road, Somersby, New South
Wales.
The award is in full settlement of all rights between the
parties and all pre-existing disputes are subsumed within it. It rescinds and replaces the Coles Myer
Logistics Pty Ltd Goulburn and Somersby D.C. Consolidated Award 2000 published
19 April 2002 (332 I.G. 1112).
The award commences from the beginning of the first pay period
on or after 10 October 2002 and shall remain in force until 8 June 2004.
4. Criteria for
Promotion
A commitment has been provided from the Somersby delegates
and the NUW that they will work with management for a period of 12 months upon
making of this award, with the intention of implementing the criteria for
promotion used at Goulburn, subject to approval of the union members. During this period, a process of education
will occur at the Somersby site.
5. Manning Levels
The level of manning on each shift, and in any given task,
is determined by volumes at the sites.
6.
Hours of Day Work
The ordinary working hours of a full-time employee,
exclusive of meal times, shall not exceed nine hours per day or more than 36
hours per week. Such work shall be over
not more than four days, Monday to Sunday, inclusive. Such hours shall be worked between 6.00 a.m. and 6.00 p.m. Times for starting and finishing for any day
work employee, once having been fixed, shall not be altered without giving
seven days' notice to the employee.
Provided that an earlier starting time than that provided in this clause
may be introduced by mutual agreement between the employer and the employee.
Employees employed prior to the Coles Myer Logistics Pty Ltd
Goulburn and Somersby D.C. Consolidated Award 2000 may volunteer to work
Saturday(s) as part of their ordinary hours.
Any employees employed after 14 October 1993 may be required to work
Saturday(s) as part of their ordinary hours.
Any employees employed after 3 August 1995 may be rostered to work
Monday to Sunday and these rosters will be determined by Management.
A day worker who works on a Saturday as part of their
ordinary hours shall be paid a penalty of 60% in addition to the ordinary day's
pay.
A day worker who works on a Sunday as part of their ordinary
hours shall be paid a penalty of 100% in addition to the ordinary day's pay.
7.
Shift Work
(i) Definitions
For the purpose of this clause:
"Afternoon Shift" means any shift finishing
after 6.00 p.m. and at or before 1.00 a.m.
"Night Shift" means any shift finishing after
1.00 a.m. and at or before 7.30 a.m.
(ii) Hours
The ordinary working hours shall not exceed nine hours
per day or more than 36 hours per week, Monday to Sunday, inclusive.
Full-time employees may not work more than four shifts
in the week. Times for starting and
finishing for an employee, once having been fixed, shall not be altered without
giving seven days' notice to the employee.
Such ordinary hours shall be worked continuously except for a 30-minute
break which shall be counted as time worked.
(iii) Saturday and
Afternoon or Night Shift Allowances
(a) All shift
workers who work on a Saturday as part of their ordinary hours shall be paid a
penalty of 60%, plus the appropriate shift allowance as expressed in this
clause.
(b) A shift worker
whilst on afternoon shift shall be paid for such a shift an allowance of 17.5%
in addition to the ordinary rate provided for in clause 9, Wages.
(c) A shift worker
whilst on night shift shall be paid for such a shift an allowance of 27.5% in
addition to the ordinary rate provided for in clause 9, Wages.
(d) Shift work
allowances shall not be decreased by virtue of a shift worker's absence from
work on account of a public holiday or if absent on annual leave, accrued sick
leave, bereavement leave or jury service.
(e) Shift Workers
- Casual Employees - Casual employees engaged on shift work shall be paid on an
hourly basis equivalent to 1/36 of the appropriate weekly wage, plus the
appropriate shift allowance, plus 15% loading, plus 1/12 holiday rate.
(f) Shift Workers
- Part-time Employees - Part-time employees engaged on shift work shall be paid
on an hourly basis equivalent to 1/36 of the appropriate weekly wage, plus the
appropriate shift allowance.
(iv) Overtime
(a) Shift workers
who work in excess of, or outside, the ordinary working hours prescribed by
this award shall be paid at the rate of time and one-half for the first two
hours and double time thereafter.
(b) Such overtime
rates shall be paid in substitution for and not cumulative upon the shift
allowances prescribed by paragraphs (b) and (c) of subclause (iii) of this
clause, but do include the Saturday penalty.
(c) Overtime
worked on a Sunday will be paid at the rate of double time and one-half.
NOTE: See subclause (vii) of clause 15, Overtime, for
rest periods after overtime.
(v) Sundays and
Holidays
Shift workers for all time worked on a Sunday or
holiday shall be paid at the rate prescribed by clause 20, Holidays, and clause
21, Sunday Work, in lieu of the shift allowances prescribed in this
clause. Where shifts commence between
11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight
shall not entitle the employee to the Sunday or holiday rate, provided that the
time worked by an employee on a shift commencing between 11.00 p.m. and
midnight on the day preceding a holiday and extending into a holiday shall be
regarded as time worked on such holiday.
Where the major portion of a shift falls on a holiday, it shall be
regarded as the holiday.
8.
Definitions
(i) Full-time
Employees
A full-time employee may be employed to work no more
than 36 hours in a week on no more than four days in the week.
(ii) Part-time
Employees
A part-time employee may be employed to work a minimum
of four hours and a maximum of nine hours per shift, with a minimum of 18 hours
and a maximum of 32 hours per week to be worked. No part-time employee may work for more than six shifts in the
week.
(iii) Casual
Employees
A casual employee may be employed to work a minimum of
four hours and a maximum of nine hours per shift, with a maximum of 36 hours
per week to be worked. No casual
employee may work for more than six shifts in the week.
(iv) Limited Tenure
Employees
A limited tenure employee may be employed as either a
full-time employee or part-time employee.
The length of the limited tenure period shall not exceed 12 months and
shall not be less than one month in duration.
(a) Prior to the
commencement of a period of limited tenure, the Company shall advise the
employees in writing of the hours of work, the proposed weekly earnings and the
commencing and termination dates of the period of limited tenure.
(b) If a tenured
employee is no longer required prior to the expiration of his or her tenure,
that employee shall be paid as if he or she continued to work until the
expiration of the tenure.
(c) Notwithstanding
subclauses (ii) and (iv) of this clause, limited tenure employment may be
terminated by the Company in accordance with clause 27, Terms of Engagement,
and clause 36, Formal Counselling Procedures.
(d) Limited tenure
employees shall be engaged for the purposes of replacing employees who are on
annual leave, parental leave, long service leave, workers’ compensation, sick
leave, leave without pay and any other form of authorised leave.
(e) If a limited
tenure employee is offered and accepts a permanent part-time or full-time
position within four weeks of ceasing their period of limited tenure, then any
sick leave accrued whilst employed as a limited tenure employee up to a maximum
of 42 hours shall be credited to the employee when they commence the permanent
part-time or full-time position.
(f) Where an
employee works a number of limited tenure periods in a 12-month period, then
they shall have any sick leave accrued whilst employed as a limited tenure
employee credited to their next period of limited tenure within that 12 months
period up to a maximum of 42 hours of sick leave.
(g) Where a
permanent part-time or full-time position is offered, an employee employed on
limited tenure may apply for the position in accordance with the normal
criteria.
(v) Definitions of
Grades:
Grade 1
For the purposes of this award, a Grade 1 employee shall
mean a person who performs work to the level of their training and:
(a) is responsible
for the quality of their own work (subject to instructions and direction);
(b) works in a
team environment and/or under routine supervision;
(c) undertakes duties
in a safe and responsible manner;
(d) exercises
discretion within their level of skills and training;
(e) possesses good
interpersonal and communication skills;
(f) indicative of
the tasks which an employee at this level may be required to perform include
the following:
general labouring and cleaning duties, e.g. removal of
cardboard and plastic and sweeping floors;
order assembling, including picking stock;
operate all equipment for which no licence is required;
(g) may be
required to assist in the development of probationary Grade 1 employees;
(h) may be
required to be trained for the purpose of operating materials handling
equipment which requires licensing/certification.
(i) All new
employees will be required to serve a maximum probationary period of three
months. During this time each employee
will be required to complete an induction program as required by the Company
and will need to meet the performance requirements as outlined above.
Promotional Criteria:
(i) Business needs
as determined by vacancies.
(ii) Has performed
a minimum of three months' service.
(iii) Has
successfully completed the induction program.
(iv) Has
satisfactorily acquired the skills outlined for a Grade 1 employee relevant to
the business at this level.
(v) Promotion to
be appointed on seniority.
(vi) Regular
Attendance - Any person who has a genuine illness will not be disadvantaged by
this process.
(vii) Where an
employee is promoted to Grade 2, they must hold, prior to being appointed, a
licence/permit certifying them to operate all appropriate materials handling
equipment, e.g. forklift.
(viii) A person with
seniority can be a Grade 3 or 4 without having to do Grade 2.
Grade 2
For the purposes of this award, Grade 2 shall mean an
employee who has undertaken sufficient training so as to enable them to perform
work within the scope of this level in addition to the work of lower grades and
who has been appointed by the employer to perform such work on a continuous
basis. An employee at this level
performs work to the level of their training and:
(a) is appointed
on seniority, taking into account the following factors;
(b) is able to
co-ordinate work in a team environment under general supervision;
(c) is able to
work from complex instructions and procedures;
(d) is responsible
for assuring the quality of their own work;
(e) possesses
sound interpersonal and communication skills;
(f) is licensed
and/or certified to operate all appropriate materials handling equipment, e.g.
forklift;
(g) may be
required to assist in the training of employees of the same and the lower
grade;
(h) with
satisfactory work levels taken into consideration.
Promotional Criteria:
(i) Business
needs as determined by vacancies.
(ii) Has
successfully acquired the skills outlined for a Grade 2 employee relevant to
the business at this level.
(iii) Regular
Attendance - Any person who has a genuine illness will not be disadvantaged by
this process.
(iv) Promotion to
be appointed on seniority.
Grade 3
For the purposes of this award, Grade 3 shall mean an
employee who has undertaken sufficient training so as to enable them to perform
within the scope of this level in addition to the work of lower grades and who
has been appointed by the employer to perform such work on a continuous basis
and who may be required to operate computer technology. An employee appointed to this level performs
work to the level of their training and:
(a) is appointed
on seniority, taking into account the following factors;
(b) understands
and is responsible for their own quality control;
(c) possesses a
sound level of interpersonal and communication skills;
(d) has a sound
working knowledge of all stores duties performed at levels below this grade,
exercises discretion within the scope of this grade and has a good knowledge of
the employer's product;
(e) may perform
work requiring minimal supervision, either individually or in a team
environment;
(f) must be
competent to perform at least one of the following tasks/duties:
receiving;
despatching;
operation of keyboard (i.e. Woxing);
(g) may be
required to assist in the training of all grades of employees;
(h) with
satisfactory work levels being taken into consideration.
Promotional Criteria:
(i) Business
needs as determined by vacancies.
(ii) Regular
Attendance - Any person who has a genuine illness will not be disadvantaged by
this process.
(iii) Promotion to
be appointed on seniority.
(iv) Has
successfully acquired the skills outlined for a Grade 3 employee relevant to
the business at this level.
Grade 4
For the purposes of this award, Grade 4 shall mean an
employee who has undertaken sufficient training so as to enable them to perform
work within the scope of this level in addition to the work of the lower grades
and who has been appointed by the employer to perform such work on a continuous
basis. An employee at this level
performs such work to the level of their training and:
(a) is appointed on
seniority, taking into account the following factors;
(b) is competent
and able to perform all of the following tasks:
receiving;
despatching;
operation of a keyboard (i.e. Woxing);
(c) is able to
co-ordinate work in a team environment under general supervision;
(d) is able to
perform inventory and stores control;
(e) is
multi-skilled and is able to perform all tasks as listed in (b) above;
(f) may be
required to assist in the training of all grades of employees;
(g) with
satisfactory work levels being taken into consideration.
Promotional Criteria:
(i) Business
needs as determined by vacancies.
(ii) Regular
Attendance - Any person who has a genuine illness will not be disadvantaged by
this process.
(iii) Sustained
performance levels.
(iv) Meets agreed
company promotional criteria.
(v) Appointed on
merit and skill. Seniority will also be
taken into consideration.
Grade 5
For the purposes of this award, a person at this level
shall mean an employee who may, at the request of the employer, complete a
Warehousing and Distribution course at a T.A.F.E. college. An employee who is appointed by the employer
to this level is required to perform the following in addition to the work
performed by other grades:
(a) implements
quality control techniques and procedures;
(b) utilises
highly developed level of interpersonal and communication skills;
(c) assists in the
provision of on-the-job training;
(d) in addition,
may be responsible for the proper application and maintenance of appropriate
occupational health and safety standards;
(e) is accountable
for performing the following tasks or a combination thereof:
performing multiple stores activities;
managing the information within the warehouses;
has a sound knowledge of the employer's operation and
product;
V.D.U. operation using keyboard skills to carry out
warehouse functions;
is responsible for the implementation of routine
maintenance of stores equipment and machinery;
understands and is responsible for their own work;
shall not become involved in planning annual leave
rosters or rostered days off, except by consultation with the employer to
ensure an orderly overview of work to be covered;
shall not become involved in disciplining employees for
misbehaviour, absenteeism or performance;
shall give advice to the employer or other staff to
assist with each of the above but only to the extent of ensuring good order and
work flow;
shall not breach any confidence placed in them by
fellow employees or the employer;
shall be able to work with his/her fellow colleagues
and have a good working relationship with them.
NOTE: An allowance is paid to an employee appointed and
performing work as a Grade 5. This allowance is paid on the basis that it does
not form part of an all-purpose rate of pay. It is only paid for work actually
performed. This allowance does not apply when an employee is on annual leave,
sick leave or any other form of leave. The allowance is as set out in Item 1 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
Job Rotation
(i) Employees
shall be rotated within classification, e.g. forklift operators will be rotated
across all forklift tasks. It would be
intended to rotate all operators on a daily or weekly basis.
(ii) Order
selectors will be rotated across all aspects of picking in accordance with the
current Grade 1 classification.
Where practicable, an employee will be issued with
different picking tasks, in a different location to that, which they had
previously picked.
(iii) Employees may
be trained to perform higher duties and utilised when necessary.
9.
Wages
Wages shall be as set out in Table 1 - Wages, of Part B,
Monetary Rates.
Averaged Earnings
The weekly rate of pay will be averaged over the roster cycle
to include penalty rates for all ordinary hours worked, excluding Sunday. Sunday is a stand-alone rate. This amount will then become an all-purpose
rate of pay. In the event that Agency
casual staff is used, they will be paid the equivalent base rate of pay to
casual employees in accordance with their classification in paragraph (e) of
subclause (iii) of clause 7, Shift Work.
Training Allowance
(i) Any employee
responsible for providing training to staff will receive a daily training
allowance as prescribed in Item 6 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, in addition to the appropriate weekly rate. This allowance is a stand-alone allowance
and will not be counted towards the all purpose rate of pay.
10.
Superannuation
Superannuation for employees employed under this award shall
be governed by the provisions of the Superannuation
Guarantee (Administration) Act 1992 (as amended) and the applicable
regulations, provided that:
(a) All
superannuation entitlements shall be directed to the LUCRF Fund; and
(b) The ability to
opt in and out of the fund as provided within the Superannuation Guarantee (Administration) Act 1992 (as amended) and
the applicable regulations shall not apply.
11.
First Aid
(i) The employer
shall provide a properly equipped first aid room with a fully maintained
first-aid kit.
(ii) Qualified
first-aid personnel shall be available at all times work is being performed.
(iii) A qualified
first-aid attendant who is appointed to carry out the duties of a qualified
first-aid attendant shall be paid an amount per week as set out in Item 2 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to
the appropriate weekly rate.
(iv) In the absence
of the regular first-aid person, a qualified relief person shall be provided
and shall be paid the said additional allowance whilst engaged on such shift.
(v) The allowance
shall be payable for all purposes.
12.
Flexible Workforce
(i) The flexible workforce
will consist of casual employees, which will represent 20% of all full-time and
part-time warehouse employees' work hours, Monday to Sunday, during normal
times during the year. At peak times
the ratio will be adjusted to meet the needs of the business after the local
site delegates have been advised of the adjustment by site management.
(ii) Any casual
usage above 20% in a 12-month period is to be converted to permanent full-time
or part-time hours with the following exceptions:
hours in weeks where promotional activities occur that
are currently exempted from the ratio shall not be included in any calculation
under this clause; or
a week in which any industrial action occurs is to be
exempted from this calculation.
(iii) Any dispute
arising out of the operation of this clause shall be resolved by utilising the
provisions of clause 30, Settlement of Disputes.
13.
Payment of Wages
All employees shall be paid during working hours on a day
not later than Thursday of each week.
All employees shall be paid by electronic funds transfer. This does not include meal allowance.
14.
Mixed Functions
An employee employed for two hours or more per day or ten
hours or more per week for work other than that on which the employee regularly
is employed and for which a higher rate of pay is provided herein shall receive
such higher rate of pay for the whole day or the whole week, as the case may
be, whilst so employed. If employed for
less than two hours on any day, the employee shall receive such higher rate of
pay whilst so employed.
No employee shall suffer any reduction in wages if
temporarily employed on work other than that on which they were regularly
employed and for which a lower rate of pay is provided herein.
If an employee, during any continuous three-month period,
works 50% or more of his/her shift in respect of work for which a higher rate
of pay is prescribed, such an employee shall be regraded to the grade for which
the higher rate of pay is prescribed.
This situation will be reviewed every three months in order to determine
whether an employee qualifies to be regraded to a higher grade.
15.
Overtime
(i) Overtime
shall mean all time worked before the fixed starting time or after the fixed
finishing time, Monday to Saturday, inclusive, or in excess of 36 hours per
week. Overtime shall be paid for at the
rate of time and one-half for the first two hours and at the rate of double
time thereafter.
(ii) Overtime
worked on a Sunday shall be paid at the rate of double time and one-half for all
hours worked.
(iii) A part-time
employee who works in excess of their fixed rostered hours shall be paid at the
rate of time and one-half for the first two hours and at the rate of double
time thereafter.
(iv) The employer
may require employees to work reasonable overtime to meet the needs of the
industry.
(v) An employee
who works overtime on a leisure day must be paid for a minimum of four hours.
(vi) If an employee
works two hours or more prior to or after the commencement of a shift, they
shall be entitled to a paid ten-minute tea break.
(vii) Rest Periods
After Overtime - When overtime work is necessary, it shall, wherever reasonably
practicable, be so arranged that employees have at least ten consecutive hours
off duty between the work on successive days.
An employee who works so much overtime between the
termination of their ordinary hours on one day and the commencement of their
ordinary work on the next day that they have not had at least ten consecutive
hours off duty between those times shall, subject to this clause, be released
after completion of such overtime until they have had ten consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence.
If, on the instructions of the employer, such an employee
resumes or continues work without having had such ten consecutive hours off
duty, they shall be paid at double rates until they are released from duty for
such period and they shall then be entitled to be absent until they have had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
This subclause shall not apply in respect to overtime
worked on Sunday.
16. Meal Breaks and Rest Pauses
(i) Not less than
30 minutes nor more than one hour shall be allowed for lunch. The time for the partaking thereof shall be
fixed by the employer but, once having being fixed, shall not be altered
without seven days' notice.
(ii) An interval
of not less than 30 minutes shall be allowed for tea.
(iii) An employee
required to work overtime on a public holiday, other than as provided in
subclause (iv) of this clause, shall be allowed a paid crib break of 20 minutes
for each completed five hours worked, the said five hours to be calculated from
the time of each commencement of work.
(iv) An employee
required to work for a period of nine hours between the hours of 6.00 a.m. and
6.00 p.m. on a public holiday may be allowed the usual weekday lunch break and,
in that case, the provisions of subclause (iii) of this clause shall not apply.
(v) Provided that
the employer and the employees may mutually agree to any variation of this
clause to meet the circumstances of the work in hand.
(vi) The
entitlements to a break will fall in line with the table set out below:
|
Up to and including 4 hours
|
Nil
|
|
More than 4 hours
and up to and including 5 hours
|
10 minute paid
rest pause
|
|
More than 5 hours
and up to and including 6 hours
|
20 minute paid
rest pause
|
|
More than 6 hours
and up to and including 9 hours
|
Day Work - 2 paid rest pauses - 1 unpaid meal break
|
|
|
Shift Work - 2
paid rest pauses - 1 paid crib (30 min)
|
(vii) All employees employed under this award
will finish work two minutes prior to the designated finishing time and be paid
for such time.
(viii) A three-month trial will be conducted at
Somersby on the change to the second rest break. The employees at Somersby will decide whether the second break
will be combined with the first break or moved to the end of the shift. If moved to the end of the shift, the bell
will sound at 3.15 p.m.. At the end of
the trial employees will vote to determine if the trial will be implemented.
17. Meal Hour Rates of Pay
(i) Meal hours,
if worked, shall be paid for at the rate of double time; provided that this
rate shall not apply to the tea hour if work ceases within one hour after
finishing time.
(ii) Employees
working any portion of the meal time shall be paid for 30 minutes if the period
is less than 30 minutes and if over 30 minutes for the full meal time.
18.
Meal Allowance
(i) An employee
who works overtime on any weekday beyond one hour after the normal ceasing time
shall be paid on such day an amount as set out in Item 3 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates, as a meal allowance. Such payment shall be made prior to the
commencement of the meal time on the day overtime is to be worked. Should an employee be notified of the intention
to work overtime and then not be called upon to do so, they shall be paid the
amount specified in this subclause.
(ii) Where a shift
worker works overtime for more than one hour prior to the normal commencing
time of their shift, they shall be paid the meal allowance specified in
subclause (i) of this clause.
(iii) A day worker
who works overtime prior to 5.00 a.m. on any day shall be paid a breakfast
allowance equal to the amount specified in subclause (i) of this clause.
(iv) Should an
employee undertake to work overtime nominated by the employer and then fail to work
the full period of overtime so nominated, they shall forfeit the amount of the
meal allowance from any moneys owing to them.
Provided that this subclause will not apply to a day worker who is no
more than ten minutes late to work the nominated period of overtime prior to
their normal starting time, due to exceptional circumstances that are accepted
by management as bona fide.
19.
Crib Time
Where work performed by a day worker is to continue after
9.00 p.m., a break of 30 minutes shall be allowed from 8.30 p.m. and such time
shall be counted as time worked.
20.
Holidays
(i) The following
holidays or the days upon which they are observed shall be allowed to all
full-time and part-time employees without deduction from their weekly pay: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, the last Friday in August (Picnic Day), Queen's Birthday, Eight-hour Day,
Christmas Day and Boxing Day, together with all other statutory and/or gazetted
public holidays for the State.
(ii) For time
worked on a public holiday, other than Christmas Day and Good Friday, double
ordinary rates shall be paid in addition to the employees' ordinary wage, with
a minimum of four hours. For time
worked on Christmas Day and Good Friday, treble ordinary rates shall be paid in
addition to the employee's ordinary wage, with a minimum of four hours.
(iii) Where an
employee is entitled to a leisure day and such leisure day falls on a public
holiday prescribed in subclause (i) of this clause, they shall be entitled to
one of the following:
(a) time off in
lieu, to be added to the employee's annual leave; or
(b) by mutual
agreement, another day off, with pay, may be allowed to the employee in the
week prior to, or the ten weeks subsequent to, the public holiday occurring.
(c) If an employee
has their first two requests refused, they will receive their third request
unless for operational reasons it would be unreasonable to do so.
Such arrangement described in paragraph (a) of this
subclause shall not attract annual leave loading as per subclause (ii) of
clause 22, Annual Leave and Annual Leave Loading, and must be by mutual
agreement between the employee and employer, subject to the needs of the
business.
Time off in lieu can be banked for up to six months and
then taken either as a block of up to five days or as two separate blocks of
time off by mutual agreement between the employee and the employer, subject to
the needs of the business.
21.
Sunday Work
All ordinary hours worked on a Sunday shall be part of
ordinary hours and shall be paid a penalty of 100% in addition to the ordinary
day's pay.
All full-time and part-time employees may be required to
work on a Sunday as part of ordinary hours.
All full-time and part-time employees who are employed by the company as
at 14 July 1995 may only be required to work on a Sunday by mutual agreement.
22.
Annual Leave and Annual Leave Loading
(i) See the Annual Holidays Act 1944.
(ii) An employee
at the time of entering upon a period of annual leave, in accordance with the
said Act, shall be entitled to an additional payment in respect of the period
of employment to which the said leave is referable, calculated on the basis of
one week's wage or three hours ordinary pay for each month, including shift
allowances where appropriate.
(iii) The
provisions of subclause (ii) of this clause shall not apply where an employee
elects to have time off in lieu added to their annual leave after a public
holiday falls on a leisure day pursuant to paragraph (a) of subclause (iii) of
clause 20, Holidays.
(iv) The loading
prescribed in subclause (ii) of this clause shall be paid on termination of
employment where the annual leave which has become due to the employee is
outstanding at the time of termination.
(v) The provisions
of subclause (iv) of this clause shall not apply where an employee is dismissed
for misconduct, nor shall it apply to pro rata holiday pay paid on termination
of employment.
(vi) Employees may,
in exceptional circumstances and in agreement with the employer, take annual
leave in single days.
23.
Long Service Leave
See the Long Service
Leave Act 1955.
24.
Sick Leave
(i)
(a) An employee
who is unable to attend for duty during their ordinary working hours by reason
of personal illness or incapacity, including incapacity resulting from injury
within the Workers' Compensation Act
1987, not due to their own serious and wilful misconduct, shall be entitled to
be paid at ordinary time rates of pay for the time of such non-attendance. Provided that they shall not be entitled to
paid leave of absence for any period in respect of which they are entitled to
workers' compensation.
(b) The employee shall
notify the Company of their inability to attend for duty and, as far as
possible, state the nature of the injury or illness and the estimated duration
of the incapacity, prior to the commencement of their shift, unless there are
unforseen circumstances.
Notwithstanding this, employees must notify the Company of their absence
within two hours of the commencement of their shift.
(c) All employees,
regardless of their roster, are required to produce a medical certificate in
each of the following circumstances, to justify payment for any period of
absence under this subclause:
(i) two or more
consecutive days absent in any year;
(ii) after a
leisure day and after a day that as a result of a swap becomes a leisure day
for rosters 1 - 3 in Table 1 - Leisure Days, of Part C, Rosters, and before a
leisure day and before a day that as a result of a swap becomes a leisure day
for roster 4 in Table 1 - Leisure Days, of Part C, Rosters;
(iii) if an
employee has greater than 36 hours absent in any anniversary year for which
they have not supplied medical certificates, with the exception of employees
who are entitled to sick leave in terms of subclause (v) of this clause;
(iv) before or after
a public holiday.
(d) The employee
shall not be entitled to sick leave in excess of the following:
In the first year up to and including the fourth year
of employment - 60 hours.
In the fifth year and thereafter - 72 hours.
(e) The rights
under subclause (d) of this clause accumulate from year to year.
(f) No employee
shall be retired on the grounds of ill-health until their accumulated sick
leave credits have been exhausted.
(ii) For the
purposes of this clause, continuous service shall be deemed not to have been
broken by:
(a) any absence
from work on leave granted by the employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause,
proof whereof shall in each case be upon the employee. Provided that any time so lost shall not be
taken into account in computing the qualifying period of three months.
(iii) Service
before the date of coming into force of this clause shall be counted as service
for the purpose of qualifying thereunder.
(iv) Entitlements
within this clause do not extend to an employee on their leisure day.
(v) For the
purposes of this award, an employee who accrues sick leave from year to year
will be entitled to take that period of accrued time (to a maximum of one
year's accrual) off on genuine illness without being required to provide a
medical certificate except for circumstances as prescribed in subparagraph (iv)
of paragraph (c) of subclause (i) of this clause.
(vi) When
alternative Sunday rosters are implemented, discussion will take place with the
delegates to agree on which day following a day off will not be required to
provide a medical certificate.
Provided that, where the Company has reasonable proof
to suspect that an employee has abused their entitlements under this subclause,
the employer and the union shall investigate and discuss the matter.
24A. Personal/Carer's
Leave
(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) of this subclause 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 in
clause 24, 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,
if required, shall establish, by production of a medical certificate, the
illness of the person concerned.
(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 ill 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) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) 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.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union(s) to participate in negotiations.
25.
Bereavement Leave
(i) An employee shall,
on the death of a person prescribed for the purposes of Personal/Carer's Leave
in clause 24A, be entitled on notice to leave, including the day of the funeral
of such relation, and such leave shall be without deduction of pay for a period
not exceeding the number of hours worked by the employee in three ordinary
days' work.
In the case of attendance at a funeral of such relation
outside Australia, such leave shall be without deduction of pay for a period
not exceeding the number of hours worked by the employee in five ordinary days'
work.
Proof of such death shall be furnished by the employee
to the satisfaction of the employer, if they so request, together with proof of
attendance in the case of a funeral outside Australia.
Where the death of a relative named herein occurs
outside Australia and the employee does not attend the funeral, the employee
shall be entitled to one day only unless the employee can demonstrate to the
employer that additional time up to a period of three days was justified.
Provided that this clause shall have no operation while
the period of entitlement to leave under it coincides with any other period of
entitlement to leave.
Bereavement leave may be taken in conjunction with
other leave available under subclauses (1, 2, 3, 4, 5 and 6) in the said clause
24A. In determining such a request the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
(ii) Entitlements
under this clause do not extend to an employee on their leisure day.
26.
Fares and Travelling Time
Employees temporarily transferred shall be reimbursed any
extra fares or expenses involved, together with payment for all extra time
spent travelling.
27.
Terms of Engagement
(i) Except as to
casual employees, employment shall be on a weekly basis.
(ii) Employment of
weekly employees during the first week of service shall be from day to day at
the weekly rate, terminable by a day's notice on either side, but the employer
shall indicate clearly to an employee at the time of engagement whether they
are being engaged as a casual employee or as a weekly employee.
(iii) Subject as
provided for elsewhere in this award, employment shall be terminated by a
week's notice on either side, given at any time during the week, or by the
payment or forfeiture, as the case may be, of one week's wages.
(iv) Notwithstanding
any provisions of subclauses (i), (ii) and (iii) of this clause, the employer
shall have the right to dismiss an employee, without notice, for misconduct or
refusing duty.
28.
General Conditions
(i) A first-aid
kit shall be provided in each warehouse, at the employer's expense.
(ii) Each employee
on the termination of their engagement shall, on request, be given a statement in
writing, signed by the employer or the manager, stating the position held by
the employee and their length of service.
(iii) Adequate
waterproof clothing shall be supplied to all employees when working in the
rain.
(iv) Employees
shall be provided with reasonable dining accommodation, locker change rooms,
adequate washing and toilet facilities and a plentiful supply of hot water and
refrigerated water for drinking.
(v) Parental Leave
- see the Industrial Relations Act
1996.
(vi) Workers'
Compensation - see the Workers'
Compensation Act 1987. Leisure days
do not accrue whilst on workers' compensation.
(vii) Those
employees who are members of the State Emergency Service and/or Rural Fire
Service who are genuinely required to provide their services will be reimbursed
for time not worked at their ordinary award rate of pay. Employees are required to provide proof of
their attendance for reimbursement.
28A.
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 on the
parties by the Anti-Discrimination Act
1977.
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.”
29.
Union Delegates
Where an employee is elected by fellow employees as a union
delegate and their name is forwarded (in writing) by the union to the employer,
the said union delegate shall be allowed, by the employer, such time as is
necessary to interview the employer or employer representatives on matters
affecting the employees whom the delegate represents.
Upon written request from the State Secretary of the NUW,
the employer shall grant delegates six days' paid leave per annum to attend to
off-site union business. In the event
that such union business involves a statewide union delegates' meeting, no more
than two delegates per shift will be entitled to the said paid leave. Any further leave will have to be by mutual
agreement.
Upon prior authorisation from the Human Resources Manager or
Distribution Centre Manager, one delegate from each shift will be entitled to
attend disputes heard at the Industrial Relations Commission except for the
following situations:
unfair dismissals (no delegates)
matters limited to one shift (one delegate)
30.
Settlement of Disputes
Any dispute arising out of employment and/or the
interpretation of this award shall be referred by the union delegate to the employer
representative appointed for this purpose.
Failing settlement at this level between the employer and
the union delegate on the job, the union delegate shall refer the dispute
within 24 hours to the union organiser who will take up the matter with the
employer.
All efforts shall be made by the employer and the union
organiser to settle the matter but, failing settlement, the union organiser
shall refer the dispute to the union secretary and the employer shall refer the
dispute to head office (Coles Myer Logistics) and the union secretary shall
take up the matter with head office.
During the discussions the status quo shall remain and work
shall proceed normally. "Status
quo" shall mean the situation existing immediately prior to the dispute or
the matter giving rise to the dispute.
At any time either party shall have the right to notify the
dispute to the Industrial Relations Commission of New South Wales.
31.
Special Rate
Dirty Work
An employee regularly engaged in the physical handling, sorting
and attempted recovery of broken and damaged stock or engaged in the cleaning
of toilet and canteen facilities shall be paid a dirty work allowance per week
as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
An employee not regularly employed for such work shall be
paid an allowance per hour as set out in Item 5 of Table 2 for each hour so
employed on such work.
This special rate is a flat payment and shall not be taken
into account when calculating any other payment to which the employee may be
entitled, nor shall it be subject to wage indexation increases.
32.
Jury Service
(i) An employee
shall be allowed leave of absence during any period when required to attend for
jury service.
(ii) Entitlements within
this clause do not extend to an employee on their leisure day.
(iii) An employee
shall be required to produce to the employer proof of jury service fees
received and proof of requirement to attend and attendance on jury service and
shall give the employer notice of such requirements as soon as practicable
after receiving notification to attend for jury service. This notice will be placed on the employee’s
personnel file.
(iv) Where a day
shift employee is called for jury service, they shall receive the difference
between their normal earnings for that shift and the moneys paid to such
employee for jury service.
(v) A copy of the
payment advice shall be given to the shift manager to enable pay adjustments.
(vi) A day shift
employee called for jury service is not required to commence work prior to
attending jury service. In the event
that the employee is discharged from jury service, through the selection
process, the employee shall attend work within 1.5 hours of being discharged.
(vii) Where an afternoon
shift employee is discharged from the jury, through the selection process, they
shall report to work at their normal commencement time. No afternoon shift employee shall leave
their shift early or before the end of their normal shift to attend jury
service the next day.
(viii) Should an
afternoon shift employee be selected on a jury for a day, they are not required
to work the rostered shift on that day.
(ix) Where a night
shift employee is called for jury service, they shall not be required to attend
work for the preceding rostered shift.
They shall be paid the difference between their normal earnings for this
shift, including allowances, and moneys paid to such employee in respect of
jury service.
(x) Where an
afternoon shift worker attends jury service and is not required to work the
following shift, they shall receive the difference between their normal
earnings for that shift, including any allowances that would normally be paid,
and moneys paid to such employee in respect of jury service.
33.
Attendance at Repatriation Centres
(i) Employees
being ex-service personnel shall be allowed, as time worked, lost time incurred
whilst attending repatriation centres for medical examination and/or treatment,
provided that:
(a) such lost time
does not exceed four hours on each occasion;
(b) payment shall
be limited to the difference between ordinary wage rates for time lost and any
payment received from the Repatriation Department as a result of each such
visit; and
(c) the employee produces
satisfactory evidence to the employer that the employee is so required to and
subsequently does attend a repatriation centre.
(ii) Entitlements
within this clause do not extend to an employee on their leisure days.
34.
Right of Entry
Refer to Chapter 5, Part 7, of the Industrial Relations Act 1996.
35.
Basis of Award
(i) This award is
entered into by the employer and the union on the condition that:
(a) Both parties
accept and honour in full the terms of the award during its currency.
(b) There will be
no claims for alternations to any of the terms of the award prior to 8 June
2004.
The only exceptions to this would be if an obvious
error or oversight was made and both parties mutually agreed to a variation,
and the matter for which leave has been reserved pursuant to clause 37, Leave
Reserved.
(c) Both parties
agree to commence discussions for the next agreement or award two months prior
to the expiration of the duration of this award.
(d) Both parties
agree that the award was not entered into under duress.
(e) Either party
may raise the issue of redundancies and trade union training leave should the
need arise.
(ii) Neither this
award nor any part thereof shall be used by the employer or the union as
evidence or example before any court or tribunal in respect of proceedings by
or against any other employer or union.
36.
Formal Counselling Procedure
All employees will be subject to the following procedure
before termination of employment can take place:
(1) Verbal Warning
(2) Formal Warning
- explaining reasons, with a union delegate present if so requested by the
employee.
(3) Final Warning
- explaining reasons, with a union delegate present if so requested by the
employee.
(4) Dismissal -
explaining reasons, with a union delegate present if so requested by the
employee.
However, in the case of a serious breach of company policy
and/or wilful misconduct, instant dismissal or a final written warning will
apply.
37.
Leave Reserved
Both parties consent to the Industrial Relations Commission
of New South Wales varying this award by a further award, upon application by
the union, if the Commission determines that a clause should be inserted
limiting the number of part-time employees who may be employed by the company
at the warehouses.
38. Transmission of
Business
For the purposes of this award, where the business is
transmitted from the Company (in this clause the transmittor) to another
Company (in this clause transmittee) and an employee who at the time of such
transmission was an employee of the transmittor in that business becomes an
employee of the transmittee:
(a)
(i) the
continuity of the service of the employee shall be deemed not to have been
broken by reason of such transmission;
(ii) the period of
service which the employee has had with the transmittor or any prior
transmittor shall be deemed to be service of the employee with the transmittee.
(iii) an employee
whose service is deemed to be continuous under this clause shall not have an
entitlement to either severance pay or redundancy entitlements as a consequence
of the transmission of business.
(b) In this clause
business includes trade, process, business or occupation and includes part of any
such business, and transmission includes the sale, transfer, conveyance,
assignment or succession whether by agreement or by operation of law, and
transmitted has a corresponding meaning.
39. Union Recognition
and Membership
(i) For the
purposes of this award, the Company recognises the National Union of Workers,
New South Wales Branch (NUW), as being the union that shall have exclusive
representation of employees in related classifications who are covered by this
award. This exclusive representation
will extend to all terms and conditions of employment, whether those terms and
conditions are subject to this award or not.
(ii) All employees
shall be given an application form to join the NUW at the point of inductions.
(iii) All new
employees shall be introduced to the union delegate within the induction
period.
(iv) Where the
written authority is provided by an employee, the employer will deduct union
membership fees from such employee’s wages or salary and remit it, along with a
schedule of such contributions, to the union at monthly intervals.
40. Introduction of
Change
(i) Employer’s
Duty to Notify
Where an employer has made a definite decision to
introduce major changes that are likely to have significant effects on
employees, the employer shall notify the employees and union officials who may
be affected by the proposed changes.
(ii) Employer’s
Duty to Discuss Change
The employer shall discuss with the employees affected
the introduction of the changes referred to in subclause (i) of this clause and
the effects the changes are likely to have on employees, take measures to avert or mitigate the
adverse effects of such changes on employees and give consideration to matters
raised by employees in relation to changes.
41. Agreement in
Principle Regarding Bonus Scheme
The parties are committed to improve the performance of the
sites and believe this will be best achieved with a co-operative team-based
approach.
(i) The parties
agree in principle that the employer will introduce site specific team-based
bonus schemes applicable to the individual sites covering all employees in
Grades 1 to 5 measuring across occupational health and safety, throughput, site
integrity (pick error rate, shrinkage, service levels, crossed lines, etc.) and
sick leave.
(ii) Part-time
employees will receive a pro rata bonus based on hours worked.
(iii) Casual
employees will be eligible for all measures, except sick leave, on a pro rata
basis.
(iv) Employees can receive
bonus payments in terms of the bonus scheme which will be paid at approximately
six-month intervals. Each such payment
can be up to 4% of base annual remuneration (payments on or about December
2002, June 2003, December 2003 and June 2004 will be based on rates of pay
applying at 30 April of that year).
(v) Management and
delegates will hold quarterly meetings to address operational issues in respect
of the bonus scheme.
(vi) The bonus
scheme will be reviewed after one year.
(vii) The employees reserve
the right to not participate in the bonus scheme at any time during the life of
the award by a majority vote.
42. Polo Shirts and
Jumpers
Employees may purchase Huntingwood/Smeaton Grange type polo
shirts and jumpers at cost. Polo shirts
and jumpers will be subsidised by $6.00 per shirt, to a maximum of three shirts
per year. Polo shirts and jumpers will
be replaced on a fair wear-and tear-basis to a maximum of three shirts per
year.
43. Entire Agreement
This award supersedes all previous contracts, agreements and
understandings in respect of the terms and conditions of employment of those
covered by this award.
PART B
MONETARY RATES
Adult Basic Wage:
$121.40 per week
Table 1 - Wages
|
Current
Classification
|
Rate of pay prior
to
|
Amount as at first
full
|
Amount as at first
full
|
|
|
7/6/02
|
pay period after
8/6/02
|
pay period after
8/6/03
|
|
Grade 1
|
$657.89
|
$684.20
|
$711.57
|
|
Grade 2
|
$673.08
|
$700.00
|
$728.00
|
|
Grade 3
|
$685.22
|
$712.62
|
$741.13
|
|
Grade 4
|
$700.39
|
$728.40
|
$757.54
|
|
Grade 5
|
$712.52
|
$741.02
|
$770.66
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Rate of pay prior
|
Amount as at first
|
Amount as at first
|
|
No.
|
No.
|
|
To 7/6/02
|
full pay period
|
full pay period
|
|
|
|
|
|
After 8/6/02
|
After 8/6/03
|
|
1
|
8
|
Grade 5 allowance
|
$37.19 per week
|
$38.67
|
$40.22
|
|
2
|
11(iii)
|
First aid allowance
|
$15.53 per week
|
$16.15
|
$16.79
|
|
3
|
18(i)
|
Meal allowance
|
$9.44
|
$9.82
|
$10.21
|
|
4
|
31
|
Dirty work allowance
|
$14.49 per week
|
$15.07
|
$15.67
|
|
5
|
31
|
Not regularly employed
|
|
|
|
|
|
|
doing dirty work
|
$0.4024 per hour
|
$0.4184
|
$0.4352
|
|
6
|
9
|
Training allowance
|
N/A
|
$5.00
|
$5.00
|
PART C
ROSTERS
Table 1 - Leisure Days
|
Roster
|
|
Mon.
|
Tues.
|
Wed.
|
Thurs.
|
Fri.
|
Sat.
|
Sun.
|
|
1
|
Mon - Fri
|
W
|
W
|
L
|
W
|
W
|
N
|
N
|
|
2
|
4 in 6
|
W
|
W
|
N
|
L
|
W
|
W
|
N
|
|
3
|
Wed-Sat
|
N
|
L
|
W
|
W
|
W
|
W
|
N
|
|
4
|
Sun
|
W
|
W
|
W
|
L
|
N
|
N
|
W
|
W = Work day
L = Leisure day
N = Non-working day
PART D
SITE AGREEMENT - GOULBURN
The following Site Agreement applies only to employees
employed at the Goulburn Distribution Centre.
1. Operators
that receive a paid allowance to perform another function must perform that
function. Refusal to perform the
function may lead to disciplinary procedures.
Refusal on three occasions will lead to the employee being removed from
that function's roster.
2. Permanent
manning levels within the 4 in 6 and Monday to Friday roster groups will be
monitored by mutual agreement between the parties.
3. Continuance
of customary practice of paid response allowance of Grade 3 functions. This pertains to employees that perform
Grade 3 duties, regardless of time spent doing the task, i.e. one hour to 36
hours per week.
4. NUW delegates
will be granted time in lieu for time spent at the DC performing union-related
functions outside of normal rostered hours.
This extends to visits by NUW organisers to the site and urgent business
that cannot be addressed during normal rostered hours. Both NUW delegates and management of CML
will monitor the amount of allocated time on an ongoing basis.
5. Disciplinary
procedures for employees will commence within one week of the
incident/infringement occurring in normal circumstances. This may be extended in discussion with NUW
delegates in cases where either employees/manager is absent due to circumstances,
e.g. RDO, sick leave.
6. Current
manning levels of receiving (two checkers, one labeller) will be adjusted in
line with changes in the business needs in consultation with NUW delegates.
7. Picnic Day
and public holiday entitlements will be allowed by mutual agreement between
parties. If CML management is unable to
grant leave on two separate occasions, then the third request will be granted.
8. If a Grade 4
is allocated to one function (despatch, receivals, office, forklift, Xlines,
cleaning) at or before 0630hrs, then they remain in that position for the
duration of the shift. If a position
becomes available during the shift, then an operator capable of doing that
position on seniority (i.e. on rotation list) will be utilised in this
position. However, if a Grade 4 is
picking, then they will be utilised first.
SITE AGREEMENT - SOMERSBY
The following Site Agreement applies only to employees
employed at the Somersby Distribution Centre.
All references below to seniority or length of service are to be read in
conjunction with clause 4, Criteria for Promotion.
1. Any employee
that does not perform a full-time or relief position will be placed on the
training roster, excluding staff who are only performing picking work. The order of names on the roster will
commence with employees with the greatest period of service to employees with
the shortest period of service. The
roster will commence again from the start of each week. A turn on the roster is recorded for any
time before 10.30 a.m. or for work performed on half of the shift.
2. Subject to
suitability and the need arising, each full-time employee will, in accordance
with their length of service, be given the option of being trained on a
forklift or cleaning. Any employees
trained on the forklift will be removed from the cage roster. If an employee elects to remove their name
from any trained position on the rolling roster referred to in point 1, then
such an employee will have to wait until the rolling roster has gone through a
full cycle before they can be trained in another position.
3. As the need
arises, training will be ongoing, taking into account length of service as a
factor in determining in what order employees will receive training. The aim at the site is to have enough
adequately trained staff to cover all areas of the operation.
4. Employees on
the cage roster will have each turn recorded and every effort will be made to
even employees' turns in the cage, subject to the operation of the rolling
roster.
5. When manning
overtime shifts on public holidays, the allocation of employees to positions
will be as follows: those persons holding permanent and relief positions will
go to those positions, then Grade 4 employees and, from there, length of
service will be the primary factor, including employees working in the cage.
6. Each overtime
shift that is offered will be recorded.
The equivalent in hours paid to the employee will be the figure
recorded. No hours will be recorded for
employees on workers compensation. When
a late call is made for employees to stay behind at the end of the shift to
perform a function, only those that accept the offer will have their hours
recorded. Where late notice on the day
of an overtime shift is provided, employees will have the option to accept and
only those hours worked will be recorded.
7. When all
full-time employees are placed in other functions, then part-time employees can
be used to fill any outstanding positions
8. A casual
storeperson shall be appointed to entry level permanent and limited tenure
employment vacancies on the basis of seniority.
9. All warnings
will remain in force for a period of six months and after that time the warning
will remain on file, but won't count towards dismissal or further disciplinary
action.
10. The union will
be allowed to hold paid union meetings at the site subject to the approval of
the DC Manager.
11. Subject to
their availability, casual storepersons will be offered work so as to ensure
that all storepersons receive a fair and equal share of work offers. Offers will be made first to the most senior
casual storeperson on the list and then proceeding down the list.
12. All permanent
forklift drivers will be placed on the rolling roster at Receiving. This roster operates on seven days per week.
13. For all
employees on the Sunday roster who elect to take annual leave that includes a
Sunday, an option will be provided to either take the Sunday off prior to the
next pay week as four consecutive days or take the Sunday off in the same pay
week.
14. A union
representative of both the day and the afternoon shift will be present at any
EBA meeting. Overtime or time off in
lieu will be offered.
15. After a
training period is completed for a new job, the trainee, by mutual agreement
with the Company, may be decide that further training is required, prior to
accepting the new position. After
accepting a new position, the employee cannot apply for any other position for
a period of six months.
16. By mutual
agreement any accrued long service leave may be taken in three separate
periods.
B. W. O'NEILL, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.