CHICKADEE FOODS PTY LTD (LISAROW SITE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Meat Industry Employees' Union, Newcastle and Northern Branch, industrial organisation of employees.

 

(No. IRC 3081 of 2005)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

2.         Title

3.         Parties

4.         Parent Award

5.         Objectives

6.         Labour Hire Employees

7.         Apprentice Employees

8.         Australian Workplace Agreements

9.         Rostered Days Off

10.       Time Off in Lieu of Overtime

11.       Public Holidays

12.       State Personal/Carers Leave

13.       Compassionate Leave

14.       Unpaid leave

15.       Sick Leave

16.       Annual Leave

17.       Leave to Attend Union Business

18.       Trade Union Training Leave

19.       Wages

20.       Training

21.       Workplace Change

22.       Redundancy

23.       Superannuation

24.       Salary Sacrifice Superannuation Contributions

25.       Occupational Health and Safety

26.       Union Recognition

27.       Induction of New Employees

28.       Right of Entry

29.       Disciplinary Procedure

30.       Dispute Resolution Procedure

31.       Security

32.       Renegotiation

33.       Area Incidence and Duration

 

PART B

 

Monetary Rates

 

Annexure A - Redundancy Agreement

Annexure B - Drug & Alcohol Policy

Annexure C - Counselling & Disciplinary - Policy and Procedures

 

2.  Title

 

This award is known as the "Chickadee Foods Pty Limited (Lisarow Site) Award".

 

3.  Parties

 

The parties to this award are:

 

Chickadee Foods Pty Ltd (ACN 000 508 225) located at Cutrock Road, Lisarow in the state of New South Wales ("the Company"), The Australasian Meat Industry Employees’ Union (Newcastle and Northern) Branch, Electrical Trades Union, Australian Manufacturing Workers Union, New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union

 

4.  Parent Awards

 

The parent awards are as follows:

 

Poultry Industry Preparation (State) Award (334 IG 322), as varied;

 

Clerical and Administrative Employees (State) Award (296 IG 619), as varied;

 

Metals and Engineering Industry (NSW) Interim Award (264 IG 536), as varied;

 

Electricians &c. (State) Consolidated Award (270 IG 950)

 

Electricians &c. (State Wage Case)(State) Consolidated Award (301 IG 1076).

 

5.  Objectives

 

The objectives of this award are:

 

to achieve improved performance throughout all functional areas of the company;

 

to recognise the contributions of all employees to improvements in productivity and efficiency;

 

to provide flexible working conditions in relation to sick leave, overtime and public holidays;

 

to adopt a participatory approach to implementing increased and sustained productivity improvements across all functional areas of the company.

 

6.  Labour Hire Employees

 

6.1        The company may use labour that is employed by another commercial entity which contracts with the company to provide labour ("labour hire"); provided that the company consults with the union prior to appointing labour hire providers.

 

6.2        Subject to satisfactory performance, employees of labour hire companies may be engaged up to a maximum of twenty-four weeks’ (24) before being transferred to the Company’s employment.  This does not apply to members of the casual pool.

 

6.3        Labour hire providers will be contractually bound to apply the wages provided by this award.

 

6.4        The Company will attempt to utilise its own casual employees before engaging labour hire employees.

 

7.  Apprentice Employees

 

The Company is committed to engaging apprentice employees where it deems it is applicable and appropriate.

 

8.  Australian Workplace Agreements

 

The Company will not engage employees on Australian Workplace Agreements whose employment is regulated by this award.

 

9.  Rostered Days Off

 

9.1        Subject to clause 9.3, Rostered Days Off ("RDO's") must be taken within one (1) month of the RDO falling due at a time agreed between the Company and the Employee.

 

9.2        The taking of RDO's will be determined within each department. Where agreement cannot be reached on the taking of the RDO's a grievance should be raised in accordance with Clause 30, Disputes Resolution Procedure.

 

9.3        At the company’s discretion RDOs may be banked during periods of peak production or high production demands only.  Banked RDO's may be taken at a time by agreement between the Company and the employee.  In accordance with clause 9.2,an employee may not have more than four (4) RDO's banked at any one time.

 

10.  Time Off in Lieu of Overtime

 

Where an employee performs duty on overtime the employee may, at his/her request and with the agreement of the company subsequently be released from duty in ordinary hours, subject to the following conditions:

 

(a)        The company will not make the request

 

(b)        The agreement will be in writing and be kept with the time and wages records.

 

(c)        Where an employee takes time off in lieu of overtime, it will be paid for at the rate of time and one-half.

 

(d)        Payment for time off in lieu of overtime may be made by the company in the pay period during which the time off is taken.

 

(e)        An employee may not accumulate more than seventy-six (76) hours of equivalent time off, which will be taken within four (4) weeks of its accrual. Where such time off is not taken, the period(s) of overtime will be paid for in the next relevant pay period at the appropriate overtime rate.

 

11.  Public Holidays

 

11.1      The parties are committed to flexibility in the taking of public holidays designated by the applicable parent award.

 

11.2      All full time employees will receive the number of public holidays prescribed by the parent award without loss of pay per year. Part-time employees will receive a proportionate number of days depending on their rostered hours.

 

11.3      The company may reschedule any public holiday to another day, provided that employees are given a paid day off in lieu and the following procedure is followed:

 

1.          The company will notify the union and employees eight (8) weeks prior to a public holiday it wishes to reschedule.

 

2.          If 65 per cent of employees in the work unit(s) affected agree to the re-scheduling, the employer may call for volunteers to work on the day of the public holiday.

 

3.          The Company will not pressure employees to work on the public holiday.

 

11.4      Employees working on a public holiday under subclause 11.3 are to be paid at ordinary rates for the day. Other employees directed to work on the public holiday will not receive a paid day off in lieu, but are to be paid public holiday rates as provided for in the parent award.

 

12.  State Personal/Carers Leave

 

12.1      Use of Sick Leave -

 

1.          An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 12.1.3(ii) 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 by the parent award, 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.

 

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.

 

3.          The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide basis although not legally married to that person; or

 

(c)        a child or adult child (including an adopted child, 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.

 

4.          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.

 

12.2      Unpaid leave for Family Purposes - 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 persons set out in subclause 12.1.3(ii), who is ill.

 

12.3      Annual leave -

 

1.          An employee may elect, with the consent of the company and 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.

 

2.          Access to annual leave, as prescribed in subclause 12.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

3.          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.

 

12.4      Time off in Lieu of Payment for Overtime -

 

1.          For the purposes only of providing care and support for a person in accordance with subclause 12.1 and despite the provisions of Clause 10, Time Off in Lieu of Overtime, the following provisions will apply:

 

2.          An employee may elect, with the consent of the company, to take time off in lieu of payment for overtime at a time or times agreed with the company within 12 months of the said election.

 

3.          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.

 

4.          If, having elected to take time as leave in accordance with paragraph 12.4.2 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.

 

5.          Where no election is made in accordance with the said paragraph 12.4.2, the employee will be paid overtime rates in accordance with the award.

 

12.5      Make Up Time -

 

1.          An employee may elect, with the consent of the company, 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.

 

2.          An employee on shift work may elect, with the consent of the company, 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.

 

12.6      Rostered Days Off -

 

1.          An employee may elect, with the consent of the company, to take rostered days off (RDO's) at any time other than periods of peak production and subject to the requirements set out in Clause 9.

 

2.          An employee may elect, with the consent of the company, to take RDO's in part-day amounts.

 

3.          An employee may elect to draw from the bank of the RDO's in accordance with Clause 9 to take at a time mutually agreed between the company and the employee, or subject to reasonable notice by the employee or the company.

 

13.  Compassionate Leave

 

13.1      An employee, other than a casual employee, will be entitled to take compassionate leave on each occasion and on the production of satisfactory evidence of the death of near relatives.

 

13.2      For the purposes of this clause, "near relatives" include but are not limited to husband and wife (including de facto and same sex partner), father, mother, stepfather, stepmother, child, step child, brother, sister, parent-in-law, brother/sister-in-law, grandparents and grandchildren.  Each situation will be assessed on its merits and the relationship of the employee to the deceased will be the principal consideration in determining the amount of leave granted which will vary from 1 to 5 days.

 

13.3      An employee will not be entitled to compassionate leave if the leave coincides with any other type of paid leave.

 

14.  Unpaid Leave

 

14.1      Full time employees may apply for unpaid leave for specified periods only for the purpose of coping with a personal or family matter provided that they may not seek or be engaged in employment during an unpaid leave period.

 

14.2      The Company will require evidence of the reason for the leave prior to the leave being granted.

 

14.3      A period of unpaid leave in accordance with subclause 14.1 which is in excess of four (4) weeks will not be regarded as service for the purpose of computing sick leave, annual leave or long service leave. Such periods of unpaid leave will not constitute a break in the employees continuity of service

 

14.4      Extended periods of unpaid leave will be subject to review by the company.

 

15.  Sick Leave

 

15.1      Employees are required to notify the company of their absence due to sickness prior to the commencement of rostered work, unless it is impractical to do so.

 

15.2      Employees will be required to provide medical certificates:

 

(a)        to the company on the day before and after a public holiday; or

 

(b)        when sick leave is taken on two (2) consecutive days.

 

A medical certificate may be required for any absence if the employee is counselled under the company’s disciplinary policy and procedure.

 

15.3      Sick leave may accumulate from year to year to a maximum of thirty (30) day’s sick leave.

 

15.4      The parties recognise additional sick leave provisions contained within an exchange of letters dated 21 June 1995 and the updated version of 20 December 2001.

 

16.  Annual Leave

 

16.1      Annual leave entitlements will apply in accordance with the applicable provisions of the parent award and the Annual Holidays Act 1944 (as amended) with the following additional provisions -

 

(a)        Annual leave may be taken in blocks of five or more days;

 

(b)        On reasonable grounds (including as provided in Clause 12.3) and by agreement with the company, annual leave may be taken as single days;

 

(c)        Annual leave must be taken within one and a half years of its accrual.

 

16.2      Employees who have accrued 6 weeks will be required to take the annual leave by the giving of one month's notice. (i.e. Annual leave accruals must not exceed 6 weeks).

 

17.  Leave to Attend Union Business

 

17.1      Leave of absence from work to attend any union business will be allowed by the company to any employee who is a member of the union, provided fair and reasonable notice is given to the company.

 

17.2      Provided that such leave will be restricted to one employee at a time, who will be paid for the time he or she is absent from work.

 

18.  Trade Union Training Leave

 

Employees will be entitled to paid trade union training leave in accordance with the provisions of this clause:

 

18.1      Leave is to be confined to workplace union delegates who have held such or similar positions for a period of not less than three months including broken periods of employment.

 

18.2      Leave is to be confined to five (5) days per year for each employee and is not to be cumulative.

 

18.3      The courses for which leave is granted are those which are conducted by the union (or its agent) and approved by the union and the company as being relevant to the industry.

 

18.4      The leave will be paid for in accordance with Clause 20, Wages, for the relevant skill level.

 

18.5      Applications for leave must be made to the company three (3) weeks before the course commences.

 

18.6      The granting of leave is subject to the company being able to make proper staffing arrangements for the relevant period.

 

18.7      The union will nominate no more than five (5) delegates to take leave at the same time.

 

18.8      Leave may only be granted where the courses to be attended are such as to improve the employee’s knowledge of industrial relations or related issues.

 

19.  Wages

 

19.1      The weekly wages for work in each skill or classification level are those set out in Table 1 - Wages, of Part B, Monetary Rates. Wage increases will take effect from the first full pay period in January 2004, and January 2005.

 

19.2      The wages contained in this award are wages negotiated at the enterprise level and are above rates of pay provided by the relevant parent award. However, if the rates of pay contained in the relevant parent award exceed the rates of pay in this award, this award will be varied to reflect the rates of pay in the parent award.

 

20.  Training

 

20.1      Commitment to Training

 

The Company is committed to enhancing the skills and capacity of its workforce through the provision of training. The principal objectives of training are to improve efficiency and productivity and to provide employees with opportunities for career development and increased job satisfaction.

20.2      Employees covered by the Poultry Industry Preparation (State) Award

 

Within one year of the making of the Award, the Company, in consultation with the relevant union, will consider a skills based classification structure, which rewards employees for skills , required as they move through the levels in the classification structure.

 

The skills based classification structure will be based upon the acquisition and use of skills required by the Company. An employee's rate of pay will recognise the skills required to be applied on the job

 

20.3      Maintenance Tradesperson Competency based structure

 

In implementing the classification system for maintenance tradespersons, the parties will have reference to the National Metal and Engineering Competency Standards Implementation Guide distributed by the Manufacturing, Engineering and Related Services Industry Training Advisory Body and referred to in the Metal Engineering & Associated Industries Award 1998.

 

21.  Workplace Change

 

In order to meet the demands of the competitive nature of the industry, the company will continue to examine the performance of its business functions.

 

If the company is considering changes in the workplace, it is committed to having discussions with the relevant unions and employees concerned prior to any changes being implemented.

 

Prior to making a definite decision to make changes in the workplace, the company will consider any alternatives including training to improve performance in particular areas.

 

22.  Redundancy

 

In the event of a position being made redundant, the parties agree to observe the Redundancy Agreement contained in Annexure A of this award.

 

23.  Superannuation

 

23.1      The company will make contributions to complying superannuation funds in accordance with the applicable legislation.

 

23.2      Company contributions will be made to any of the following complying funds (MLC, MIESF, NRMA, St George, AMP and GIO) provided that no employee may have contributions made to more than one fund.

 

24.  Salary Sacrifice Superannuation Contributions

 

24.1      Objective

 

The objective of this clause is to enable employees to make pre-tax contributions to complying superannuation funds through a salary sacrifice arrangement

 

24.2      Superannuation Guarantee Charge

 

The company will continue to make employer contributions to nominated complying superannuation funds in accordance with relevant superannuation guarantee legislation (employer contributions).

 

24.3      Salary Sacrifice Provisions

 

1.          An employee may request that the company make additional contributions to the superannuation fund to which, at the date this award is made, employer contributions are being made on his or her behalf. These contributions are distinct from and in addition to employer contributions as defined at Clause 24.2. For the purposes of this clause, these additional contributions will be known as "Salary Sacrifice Contributions", and are treated as additional employer contributions under superannuation legislation.

 

2.          All arrangements for Salary Sacrifice Contributions are subject to the company’s approval.

 

3.          On each occasion on which the company makes a Salary Sacrifice Contribution, that employee’s gross earnings shall be reduced by an amount equal to the salary sacrifice contribution. For the purpose of this subclause "occasion" means the calculation and processing of the payroll in accordance with the applicable pay period.

 

4.          No employee may have Salary Sacrifice Contributions at a level in excess of 50% of their pre-Salary Sacrifice Contribution gross weekly all purpose rate of pay.

 

5.          Employees may arrange to have Salary Sacrifice Contributions made at a set weekly dollar amount.

 

6.          Other than in pressing personal circumstances, an employee may not vary their Salary Sacrifice Contributions more than once per annum.

 

24.4      Record of Salary Sacrifice Contribution Arrangements

 

Where an employee elects to enter into a Salary Sacrifice Contribution arrangement, the details of the arrangement will be produced in writing and calculated in accordance with the appropriate form.

 

24.5      Changes to Applicable Law

 

In the event that the law governing taxation and superannuation changes in such a way as to render the Objectives of this clause unattainable or ineffective or, in the opinion of the company, inappropriate, the company and the union will review this provision and amend if appropriate.

 

24.6      Resolution of Disputes and Grievances

 

Where an employee wishes to raise a grievance in relation to this clause in its operation, he or she shall contact the company’s human resource office.

 

Any grievance that cannot be resolved at the local level shall be resolved in accordance with Clause 30, Disputes Resolution Procedure.

 

25.  Occupational Health and Safety

 

25.1      The company recognises safety as an integral part of the organisation’s business aims and is committed to providing a safe and healthy workplace for all employees and others on site.

 

25.2      The parties agree to adhere to the Company Drug and Alcohol Policy as contained in Annexure B.

 

25.3      The parties are committed to working towards a drug free workplace and in doing so agree to work with the Occupational Health and Safety Committee in developing and implementing strategies to achieve a drug free work environment.

 

26.  Union Recognition

 

26.1      The company recognises the unions outlined in Clause 3, Parties, as being the unions that will have exclusive representation of employees in the skills or classification levels covered by this award.

 

26.2      All employees will be given an application form to join the union at the point of recruitment.

 

26.3      The company will deduct from the wages of each employee who has authorised it membership fees at the amount from time to time decided by the Committee of Management of the union.  The company will forward these deductions to the Secretary of the Union.

 

27.  Induction of New Employees

 

27.1      The company will implement an induction program for all new employees, which will include training on occupational health and safety, workers’ compensation and union membership.

 

27.2      The union delegate will be given paid time off to speak to all new employees inducted during the induction process.

 

27.3      The new employees will be paid for attendance, whether during working hours or not.

 

27.4      A suitable training room and facilities will be provided for the purpose of the meeting between new employees and the delegates.

 

27.5      The company will notify the union office seven (7) days in advance of the meeting taking place and invite an official of the union to attend.

 

28.  Right of Entry

 

The Company accepts and respects the legitimate role of union organisers to represent the interests of members on site.

 

The company expects union organisers to play a constructive role on site and to assist the company in the detection and correction of issues before they become problems that could affect the business. In the same spirit, the company will work closely with union organisers ensuring that, where possible, employee and business needs are balanced.

 

Delegates will advise the main gate and the company of any visits planned by organisers, and organisers will comply with all safety and sign-in requirements when visiting the premises.

 

29.  Disciplinary Policy

 

The disciplinary policy is designed to assist the company in working with employees to resolve circumstances, which inhibits the ability of the company and employees to achieve their goals and objectives. The primary objective of the policy is to improve and maintain workplace and team relationships and assist the employee in reaching an expected standard of performance or conduct.

 

The parties agree that, subject to the circumstances of each individual matter the Company Counselling and Disciplinary Policy as varied from time to time, will be followed when dealing with such matters.

 

30.  Dispute Resolution Procedure

 

The parties agree that, subject to the provisions of the Industrial Relations Act 1996, all grievances, claims or disputes will be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

 

(i)         Any grievance or dispute, which arises, will, where possible, be settled by discussion on the job between the employee(s) and the immediate supervisor.

 

(ii)        If the matter is not resolved at this level, it will be further discussed between the affected employee(s) and the union delegate or, where appropriate, another nominated representative and the employer. Both the employer’s industrial relations representative and the employee’s union representative may be notified.

 

(iii)       If no agreement is reached within a reasonable time period, the union Secretary or his/her representative or, where appropriate, a nominated representative, will discuss the matter with the employer’s nominated industrial relations representative.

 

(iv)       Whilst the foregoing procedure is being followed, work will continue normally. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

 

(v)        Should the matter still not be resolved within a reasonable time period, it may be referred by either party to the Industrial Relations Commission of New South Wales for settlement.

 

(vi)       The parties will, at all times, confer in good faith and without undue delay.

 

(vii)      During the discussions the status quo will remain and work will proceed normally in accordance with this award and without stoppage or the imposition of any ban, limitation or restriction. "Status quo" will mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.

 

(viii)     Where a safety issue is involved that threatens the security and safety of an employee, the above will not apply. Employees will leave the unsafe area and be utilised elsewhere, if possible, until the unsafe area is made safe to the satisfaction of the Occupational Health and Safety Committee or its representative. The remainder of the plant and its employees will proceed as normal.

 

31.  Security

 

The parties recognise the value of surveillance in improving personal and product safety. Surveillance cameras will be placed in the car park and exterior perimeters of the plant.

 

32.  Renegotiation

 

The parties will schedule negotiations to vary or renew the award no later than three (3) months prior to the nominal expiry date of the award.  The new award will be negotiated using a single bargaining unit including representatives of the company, the Union and the employees.

 

The rates of pay in this award include the adjustments payable under All State Wage Cases up until the date of this Award. These adjustments may be offset against:

 

(a)        Any equivalent over award payments and/or

 

(b)        Award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments

 

This award is for a fixed term and there shall be no further adjustments of wages or other conditions of employment during this term other than as provided for in the award itself.

 

33.  Area Incidence and Duration

 

33.1      This award will apply to all employees of the company employed in a skill or classification level contained in Table 1, Rates of Pay of Part B Monetary Rates, who are employed by the company to work at Cutrock Road, Lisarow.

 

33.2      This award partially regulates the terms and conditions of employment also regulated by the parent awards.  This award shall be read and interpreted wholly in conjunction with the parent awards.  Where there is any inconsistency between this award and the parent awards, this award will take precedence to the extent of any inconsistency.

 

33.3      This award rescinds and replaces the Chickadee Foods (Lisarow Site) Award, which was published on 15 April 2005 (350 IG 91).

 

33.4      This award shall take effect on and from 1 January 2004 and will remain in force until 1st January 2006.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

 

ANNEXURE A

 

REDUNDANCY AGREEMENT

 

1.  Definitions

 

(a)        Rates of pay used to calculate one week's pay for weekly employees will be the all-purpose rate currently paid excluding overtime but including penalty rates, and shift premiums and all allowances.

 

(b)        The rate of pay used to calculate one week's pay for part-time employees shall be as described in (a) averaged over the period of employment.

 

(c)        Casual employee means an employee who is employed on an hourly basis and who has no reasonable expectations of regular work.  A casual employee is not entitled to any termination payments pursuant to this agreement.

 

(d)        Work area means a discrete functional or geographical part of the Company’s operations.  The determination of a work area is by reference to the management structure and accountabilities, award/agreement classification and/or union coverage.

 

(e)        Redundancy means a situation where the Company proposes to permanently cease operating all or part of its business; and this cessation results in one or more full-time or part-time employees becoming surplus to the Company’s labour requirements.

 

Redundancy does not include:

 

Termination of employment pursuant to clause 29, Dispute Resolution Procedure, provided that such termination is not directly related to the Company’s requirement to reduce its labour requirements;

 

Termination of employment due to retirement;

 

Situations where full-time or part-time employees become surplus to the Company’s labour requirements due to industrial action taken by employees which affects the Company’s ability to continue normal operations;

 

Variations to rosters or shifts as a result of restructuring or changes in customer demands or operation requirements. Such roster or shift changes shall be made in consultation with the union/s and employees.  Where employees are genuinely forced to terminate their employment as a result of such changes, the employee will be entitled to a redundancy benefit pursuant to this agreement.  "Genuinely forced to terminate" employment does not include financial disadvantage as a result of changed entitlements to shift allowances or overtime;

 

Situations where part-time or full-time employees are not prepared to undertake training or transfer as a result of technological or operational changes which require such training or transfer; provided that the proposed training or transfer is agreed by the Company and the union is reasonably within the employee’s capability.

 

2.  Steps for Redundancies

 

(a)        Eliminate or minimise contractors where the work falls within the area of coverage of applicable awards or agreements.  Eliminate the use of employees of labour hire companies.

 

(b)        Reduce the hours worked by casual employees.

 

(c)        Reduce the number of casual employees.

 

(d)        Review acceptable alternative positions which full-time or part-time employees could perform.

 

(e)        Reduce the number of full-time or part-time employees.

 

(f)         No severance payment will be payable where an acceptable alternative role is offered to the employee.

 

3.  Selection for Redundancies

 

(a)        Voluntary redundancies will only be offered in the work areas affected.

 

(b)        If there are insufficient volunteers or the Company’s operational requirements will not be met by the termination of employment of volunteers, the Company will determine who is to become redundant using the following criteria:

 

(c)        Where possible, the work area where redundancies are required will be the area in which employees are selected for redundancy;

 

(d)        long-term operational requirements as to employee’s skills, experience and potential; and considerations of seniority, equity and fairness.

 

(e)        In the event that there are more volunteers for redundancy than are required by the Company, the Company will determine who is to become redundant using the following criteria:

 

(f)         Where possible, the work area where redundancies are required will be the area in which employees are selected for redundancy;

 

(g)        The Company’s medium and long-term skill requirements; and, other things being equal, those employees with the longest service shall have first preference for redundancy.

 

4.  Notice of Redundancy

 

Employees to be made redundant will receive notice or be paid in lieu of notice the following:

 

Less than 5 years' service	3 weeks
More than 5 years' service	4 weeks
Over 45 years with a minimum of 2 years' service	5 weeks

 

5.  Payments on Termination of Employment

 

(a)        On the last day of employment, redundant employees will receive a termination payment based on four weeks for every year of service capped at 48 weeks.  Employees over 45 will receive an additional four weeks' severance pay.

 

(b)        Sick leave to be paid as per the Company agreement, i.e. accrued sick leave less the current year.

 

(c)        Pro rata long service leave after five years and annual leave in accordance with the Annual Holidays Act 1944.

 

(d)        Payment of untaken rostered days off at the normal rate.

 

(e)        Severance payments will be paid on years of service with the Company.

 

6.  Recall

 

In the event that the Company’s operational requirements are such that more employees are required, then the following principles shall apply for a period of 12 months:

 

(a)        Those employees who were required to take redundancy as determined by the Company shall be the first in line to be offered re-employment in their work areas.

 

(b)        Those employees who chose to take a voluntary redundancy shall stand behind those employees made redundant by the Company.

 

(c)        In areas that require formal qualifications, e.g. Maintenance, Drivers, recall shall be determined by consultation and agreement between the Company and the union.

 

ANNEXURE B

 

DRUG & ALCOHOL POLICY

 

Introduction

 

Drug and alcohol use in the workplace can create a range of problems including:

 

Injury to employees and others

 

Loss of jobs and friendships

 

Problems with punctuality and absenteeism

 

Poor work performance and low morale

 

Low productivity and lost time from accidents

 

Inefficiency and damage to plant, equipment and other property.

 

Chickadee Foods Pty Limited, by virtue of the Occupational Health and Safety Act 2000, has a duty of care to its employees, and others who come on site.  The Act requires that:

 

Employers ensure the health, safety and welfare of their employees and others;

 

Employees take reasonable care of the health and safety of others and co-operate with employers in their efforts to comply with occupational health and safety requirements.  Hence, employees must ensure their performance and actions are not impeded by the use of drugs (either legal or illegal) or alcohol.  It is the responsibility of all employees to report any incidents or, if it is suspected that an employee is under the influence of drugs or alcohol, to their Supervisor.

 

At Chickadee Foods Pty Limited, we wish to maintain a workplace free of drugs and alcohol.  This is done with the assistance of all employees.  Together, we can all reduce the effect of drugs and alcohol by maintaining a workplace that is free of harassment and victimisation, that fosters open communication and cohesiveness between teams and team members by supporting and encouraging each other, and by being co-operative and polite to one another.

 

Aim

 

This policy aims to promote a workplace free of alcohol and drugs by regulating behaviour of employees.

 

Scope

 

This policy applies to all employees of Chickadee Foods Pty Limited.

 

Code of Behaviour

 

Employees are required to present themselves to work and be available during all working hours to carry out their standard operating procedures to an acceptable level.

 

Where an employee is required to take drugs prescribed by a medical practitioner, they should notify their Supervisor before commencing work what the drug is and the possible effects of the drug.  If the drug has effects which include, for example, drowsiness, feeling tired, poor concentration, etc., the employee will be asked not to work and to proceed to and remain in the first aid room until they are able to drive safely or transport is arranged.

 

Disciplinary Action

 

Any employee found to be in possession of illegal drugs or consuming alcohol on the company premises will be instantly dismissed.

 

Alcohol

 

Where an employee reports for duty and, in the opinion of the Supervisor, is under the influence of alcohol, the employee will be driven home and employment will be suspended for one week and/or subject to possible demotion.  If the employee disputes the Supervisor’s assessment, a BAC count may be conducted from an on-site breathalyser unit.  If a reading of 0.05 or below is recorded, then the employee may continue working.  In the case of a driver, if a reading of 0.02 or below is recorded, then the employee may continue working.

 

The employee can refuse a BAC test.  If this occurs, the Supervisor, Manager or Human Resources Department must make a decision based on their observations about the person and put those observations to the employee to obtain their feedback.

 

Drugs

 

Where an employee reports for duty and, in the opinion of the Supervisor, is under the influence of drugs, the employee will be driven home and employment will be suspended for one week and/or subject to possible demotion.  If the employee disputes the Supervisor’s assessment, arrangements can be made for the employee to have a drug test conducted by a medical practitioner (at no cost to the employee).  A medical examination can also be requested to establish their capability to perform their normal duties.

 

The employee can refuse a drug test by the medical practitioner.  If this occurs, the Supervisor, Manager or Human Resources Department must make a decision based on their observations about the person and put those observations to the employee to obtain their feedback.

 

Suspension will constitute an official reprimand and will be recorded on personnel files.  The decision to suspend will only be made after the first step of the disciplinary policy has been implemented and it has been determined that the person is intoxicated with drugs, alcohol or both.

 

If there is a second occurrence within a period of twelve months, then the employee will be terminated.

 

Counselling can be arranged for the employee by the Human Resources Manager.  If an employee agrees to attend counselling, then termination may be avoided.

 

ANNEXURE C

 

COUNSELLING & DISCIPLINARY POLICY AND PROCEDURES

 

Disciplinary Procedure

 

The disciplinary procedure is designed to assist the company in working with employees to resolve circumstances, which inhibit the ability of the company and employees to achieve their goals and objectives.  The primary objective of the procedure is to improve and maintain workplace and team relationships and assist the employee in reaching an expected standard of performance or conduct.

 

Subject to the circumstances of each individual matter and with reference to the Reprimand Policy as varied from time to time, the disciplinary procedure is outlined below.

 

There are four levels of the disciplinary procedure:

 

* Counselling/Verbal Warning

* First Written Warning

* Final Written Warning

* Termination

 

The application of the procedure may vary according to individual circumstances.  There may be instances where in the circumstances it would not be appropriate to observe the procedure strictly.

 

At all steps of the procedure the supervising/manager must organise the Human Resource Manager or relevant Senior Manager to be present.  The employee must also be offered the opportunity to have a union delegate or other representative present at the disciplinary meeting.

 

At all steps, the company must advise the employee of any unsatisfactory performance or conduct and detail the appropriate standard of performance or conduct.  Previous counselling meetings may be referred to.  The employee must be offered an opportunity to respond to the concerns and explain his/her behaviour and/or performance.

 

On the basis of the matters discussed in the meeting at each step of the procedure, the company will decide the most appropriate action to take, including to take no further action, provide counselling or other learning for the employee, issue a written warning, suspend the employee while further investigations are carried out, terminate the employment with notice, terminate the employment without notice or take some other action.  The employee must be advised of the decision as soon as possible.

 

After any disciplinary meeting a written record must be made of the meeting detailing any specific statement of the expected performance or conduct standard of the employee, any explanation or significant comment offered by the employee and the review period and measures to be implemented during the review period.

 

* Counselling/Verbal Warning

 

Counselling will normally be in the form of a conversation between the employee and his/her immediate supervisor.

 

The objective of counselling is to assist the employee reach the expected standard of performance or conduct.  During the counselling process the company should ensure that the employee has been properly trained for the position, and, any genuine obstacles impeding the employee's ability to perform/carry out the inherent requirements of the position are removed.

 

On the basis of the matters discussed in this meeting, if the company decides to issue a verbal warning, reasonable support must be given to the employee to assist in reaching and maintaining the standard.  A review period must be provided to allow the supervisor/manager to monitor the employee's performance.  It may be appropriate that measures be implemented during the review period to assist in monitoring the performance.

 

* First Written Warning

 

A formal warning may be given where counselling has not been successful in improving or maintaining an employee's performance and/or conduct at expected standards, or, where an employee's unsatisfactory performance and/or conduct is sufficiently serious to warrant a warning.

 

A written warning may lead to termination of employment.

 

The written warning must detail the specific issues, expected improvements in performance and/or conduct and the consequences of not meeting expected standards in the future.  The written warning should also detail a review period and measures to be implemented during the review period where appropriate (for example, further training).  The employee should sign and acknowledge receipt of the warning.

 

* Final Written Warning

 

A final written warning may be issued by the Personnel Department and supervisor/manager when circumstances surrounding unsatisfactory performance and/or conduct are sufficiently serious.  Certain circumstances may be considered so serious as to warrant proceeding directly to the final warning.

The final written warning must detail the specific issues, expected improvements in performance and/or conduct and the consequence of termination should the employee fail to meet the expected standards.  The final written warning should also detail a review period and measures to be implemented during the review period where appropriate (for example, further training).  The employee should sign and acknowledge receipt of the warning.

 

* Termination

 

Termination of employment may occur due to:

 

The employee's performance and/or conduct has failed to meet the required standard, despite prior counselling and warnings;

 

Serious and wilful misconduct by the employee;

 

The company making a decision that there is no reasonable alternative but to terminate the employment.

 

During the meeting to discuss potential termination of employment, the company must detail the allegations of unsatisfactory performance and/or conduct or circumstances relating to serious and wilful misconduct.  The employee must be clearly advised that termination of employment is being considered.  The employee must be given an opportunity to respond to any allegations and the company must give due consideration to such response.

 

Any termination must be confirmed with a termination letter signed by the Human Resources Manager or appropriate Senior Manager.  The letter will include the reason for the termination.

 

Termination without notice may occur in circumstances of serious and wilful misconduct or where it is unreasonable for the company to continue the employment during a notice period.  In these circumstances, prior to the termination the company may suspend the employee with pay in order to investigate the surrounding circumstances.

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.