Bartter Enterprises Pty Ltd (Hanwood) and The AMIEU NSW Branch Enterprise Agreement 2008-2011
Bartter Enterprises Pty Ltd (Hanwood)
And
The Australian Meat Industry Employees Union New South Wales Branch
Enterprise Agreement
2008-2011
1. Title
This Agreement shall be known as the Bartter Enterprises Pty Ltd (Hanwood) and The Australasian Meat Industry Employees’ Union New South Wales Branch Enterprise Agreement 2008 to 2011.
2. Arrangement
1. Title
2. Arrangement
3. Aims of the Agreement
4. Definitions
5. Relationship to Award (s) and previous agreements
6. Anti Discrimination
7. Relationship between the AFPC and this Agreement
8. No extra claims
9. Commencement and duration of agreement
10. Contract of Employment
10.1 Conditions of employment
10.2 Probation
10.3 Abandonment of employment
10.4 Disciplinary Policy and Procedures
10.5 Smoke-Free workplace
10.6 Drugs and Alcohol
10.7 Uniforms and protective equipment
10.8 Property of employer
10.9 Confidentiality and security
11. Hours of work
11.1 Day workers
11.2 Shift workers
11.3 Shift Loading
11.4 Notice
11.5 Accrued leisure time
11.6 Daylight saving
11.7 Roster
12. Overtime
13. Notice of overtime
14. Pre-programmed weekend overtime
15. Quality
16. Meals and rest periods
17. Saturdays, Sundays and Public Holidays
18. Prescribed holidays
19. Allowances
20. Leave provisions
20.1 Annual Leave
20.2 Paid personal carers leave
20.3 Personal / Carers leave pay outs
21.4 Personal / Carers leave definitions
21.5 Unpaid Carers leave
21.6 Notice and evidence for paid and unpaid personal carers leave
21.7 Attendance standards
21.8 Compassionate Leave
21.9 Parental Leave
21.10 Parental Leave definitions
21.11 Return to work after parental leave
21.12 Jury service
21.13 Long service leave
21.14Time off in lieu of payment for overtime
21.15 Make-up time
21. Payment of wages
22. Discounts
23. Superannuation
24. Attendance standards
25. Occupational Health and Safety
26. Environmental Issues
27. Resolutions of Disputes and Grievances
28. Avian Flue – mitigation process
29. Redundancy
30. Amenities
Appendix A - Rates of Pay and Allowances
Appendix B – Training Framework
Appendix C – Redundancy Provisions
3. AIMS OF THE AGREEMENT
The Agreement is the result of co-operative discussions between Bartter Company management (‘Bartter’, ‘the Company’), The Australian Meat Industry Employees Union (NSW Branch) and employees of Bartter Enterprises.
The central aim of this Agreement is to improve the productive performance of the Hanwood processing plant.
To achieve this, it is recognised that management and the employees need to continue to build on their commitment to a consultative and participatory approach in the workplace.
The parties agree to the achievement of improved performance throughout the functional areas of the Plant with ultimate aim of matching and surpassing performances achieved by main competitors and to provide remuneration to employees which acknowledge those achievements. This will be accomplished by addressing the entire production system, the organisational structure, the plant, the equipment, the people (management and employees) that combine to conceive, develop, produce, market and deliver the Company's products to the customer.
Critical success factors are essentially the following:
a) Production: Level of waste, wages and overhead efficiencies, storage, other overheads.
b) Quality Assurance: Consolidation of quality assurance procedures and work practices.
c) Increased volume.
4. Definitions
Commission - means the Australian Industrial Relations Commission.
AFPC – refers to the Australian Fair Pay Commission.
Act – means the Workplace Relations Act 1996 (Cth), as amended from time to time.
Agreement means this document, including any Schedules, Annexures and terms from any industrial instrument that has been incorporated by reference.
Employee refers to any employee whose employment is subject to this agreement. All references to an employee also includes the plural.
Nominal hours worked for the purposes of calculating annual leave and personal/carer’s leave entitlements, refers to the sum of:
· the ordinary hours of work that the employee was required to work, and did work (up to a maximum of 38 hours per week and excluding any reasonable additional hours); and
· the number of hours of paid authorised leave taken by the employee during a particular period.
Any absences which do not count as service, and periods for which the employee is not entitled to be paid as a result of taking industrial action, are not included as part of the nominal hours worked.
Ordinary hours of work refers to the number of hours an employee would usually work during a specific period (e.g. 38 hours per week).
Ordinary rate of pay means the employee’s rate of pay as prescribed by this Agreement.
Regulations refer to the Workplace Relations Regulations 2006.
Company - means Bartter Enterprises Pty. Ltd.
Full-time employee - means a weekly employee employed for 38 hours per week.
Part-time employee - means an employee who is a weekly employee and may be engaged for a minimum of one (1) day per week and no less than four (4) hours per day, Monday to Friday, and not less than two (2) hours on Saturdays and Sundays.
A part-time employee shall receive all the benefits as received by a full time employee in the ratio of hours, as fixed, as they bear to 38 hours.
The part-time hourly rate shall be the applicable weekly rate for the classification concerned divided by thirty-eight.
The span of ordinary hours for part-time employees shall be as prescribed in clause 11.
Casual employee - means an employee employed by the hour, provided that casuals may be paid through the weekly pay process. Casual employees shall be paid a minimum payment of not less than four (4) hours on any day Monday to Friday, and not less than two (2) hours on Saturdays and Sundays.
A casual employee shall receive a loading of 21 per cent on all ordinary hours worked in lieu of all leave and public holiday entitlements other than longer service leave.
Leading hand - means an employee appointed as such by the Company and who, while working under supervision, gives instruction to and/or is responsible for work done by the other employees.
A Leading Hand is a 'hands on' employee appointed by the employer and allocated responsibilities determined by the employer to assist in the good order of work flow in an operating area, viz.: Receiving production instructions and allocating the work flow to employees, to control the standards of work, work output to targets set by Supervisors and other Staff, to determine shortages in labour, or material or Plant failures, and to bring any deficiencies to the Supervisory Staff for action.
Where a failure in training or behaviour occurs, Leading Hands shall immediately disengage from further action and place the matter into the hands of the Supervisory Staff.
Nonetheless, this does not preclude the Leading Hand from giving training but only on the direct instructions of a Supervisor or other Staff.
Leading Hands shall not breach any confidence placed in them by fellow employees or by Supervisory Staff.
A Leading Hand is appointed on merit and competence taking into account the following factors:
(1) clerical aptitude;
(2) how to supervise assessment;
(3) work performance experience;
(4) attendance;
(5) attention to detail;
(6) general attitude to company standards;
(7) training and education;
(8) emotional stability;
(9) maturity and leadership;
(10) safety consciousness and willingness to follow safety rules.
In addition, the employer may appoint a person who has the appropriate qualifications to a position of Leading Hand for the purposes of acting as a First aid Attendant.
Team Leader – means an employee who reports to a Leading Hand and leads a small team of no more than 10 employees – they shall be paid at their Graded Level plus the Small Leading Hand Allowance.
Leading Hand - Small Group - a Leading Hand supervising 20 employees or less.
Leading Hand - Large Group - a Leading Hand supervising in excess of 20 employees.
This Agreement will operate to the exclusion of any previous certified agreements or awards to which the Company and the Employees subject to this Agreement may have been parties.
6. Anti Discrimination
It is the intention of the parties to this Agreement to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Accordingly, in fulfilling their obligations under the Resolution of Disputes and Grievances clause of this agreement, the parties must make every endeavour to ensure that neither the provisions of this Agreement nor their operation are directly or indirectly discriminatory in their effects.
7. RELATIONSHIP BETWEEN THE AFPC AND THIS AGREEMENT
The Australian Fair Pay and Conditions Standard (“the AFPC Standard”) is a set of minimum employment entitlements prescribed within the Workplace Relations Act. In summary, the AFPC Standard provides the following entitlements:
· A basic rate of pay, classification and casual loading as set out in the relevant Australian Pay and Classification Scale;
· An average of 38 ordinary hours of work per week;
· Four weeks annual leave per annum;
· 10 days per annum paid personal/carer’s leave;
· Up to 2 days unpaid carer’s leave per occasion for casuals and employees who have exhausted their paid carer’s leave entitlements;
· Up to 2 days paid compassionate leave per occasion; and
· Up to 12 months unpaid parental leave
The AFPC Standard (or its successor in the event of changes to the Workplace relations Act) applies to employees covered by this Agreement except where this Agreement provides a more favourable outcome for the employees in a particular respect.
8. NO EXTRA CLAIMS
No extra claims shall be made during the term of this Agreement relating to wages, allowances or changes to conditions of employment or any other matters relating to the employment of the employees, whether dealt with in the Agreement or not.
This agreement can, however, be varied at any time during the life of the Agreement by the parties’ joint written notice in accordance with legislation.
9. COMMENCEMENT AND DURATION OF AGREEMENT
The nominal term of this Agreement will be 3 years from the date of approval by the relevant authority, with a nominal expiry date of 20 July 2011.
10. Contract of employment
10.1 Conditions of Employment
10.1.1 Employees shall be engaged on a full-time, part-time or casual basis. The parties agree that, where possible, full-time employment is preferable. It is recognised however that, because of the seasonality of our business, other types of engagement may be necessary from time to time such as casuals, part-time or permanent for a fixed period of time. Employment may be terminated by a week's notice from the employer or employee at any time during the week or by the payment/forfeiture of a week's wages.
10.1.2 There will be no fixed ratio of casual to permanent employees. It is recognised that our business must be flexible enough to meet the needs and demands of our customers. Accordingly, manning requirements will reflect business needs.
It is the company’s preference to offer permanent and permanent part-time employment, however we understand the needs of employees. Accordingly those employees who commence on a casual basis, after 12 weeks or 456 hours of satisfactory service, shall be offered permanent full time or permanent part time employment based on the needs of the business. The employee shall have the choice to take up such permanent employment and may elect to stay employed on a casual basis. Where permanent part-time work is elected the employee will not be given less hours work then the average hours worked in the previous 12 weeks or 456 hours worked.
10.1.3 An employer may direct an employee to carry out duties within the limits of an employee’s skill, competence and training and the employee will follow such direction.
10.1.4 Employees not attending for duty lose pay for the actual time of such non attendance unless on Personal / Carers Leave.
10.1.5 If by reason of the failure or shortage of electric power an employer is unable to carry on his/her business during all the working hours of the day, wages of employees may be deducted for any part of a day in excess of 20 minutes when they cannot be usefully employed. However, employees required to attend for work on any day no work is provided, will be entitled to 2 hours' pay. Where employees commence work, they will be entitled to 4 hours' employment or pay in lieu.
10.1.6 The employer may dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and the wages will be paid up to the time of dismissal only.
10.1.7 The employer may deduct wages for any day or portion thereof during which an employee is stood down due to result of refusal of duty, malingering, inefficiency, neglect of duty or misconduct or may deduct wages for any day during which the employee cannot be employed usefully because of any strike or through any breakdown of machinery.
10.1.8 The employer and employee representatives may agree to direct an employee to take "disciplinary leave", in lieu of dismissal for an action other than wilful misconduct. Such leave will be without pay and will be for a period of not less than one working day and not more than 20 working days. This direction may only be exercised once in every 6 months. Wilful misconduct includes any theft, consumption or distribution of alcohol or drugs which are not prescribed, and which are addictive and not legal for trade.
10.2 Probation
A probationary period of three (3) months will be applied to all new employees, other than casual. This probationary period shall commence from the date of engagement. During the probationary period, the employee's employment may be terminated by either the employee or the Company with the giving of one day’s notice or by the payment or forfeiture of one day’s pay as the case may be.
Upon engagement, probationary employees will be advised as to the performance standards expected of them and will be provided with adequate feedback through regular monthly assessments during the period of probationary employment.
10.3 Abandonment of Employment
An employee absent from duty for more than 3 days without notifying the employer, will be deemed to have abandoned employment on the last day of duty. The employer will take any reasonable steps to be informed of the employee's situation over the next 24 hours including, where necessary, by registered mail the last notified address of the employee. However, if an employee is able to establish to the satisfaction of the employer that a good and cogent reason existed for this then the abandonment will not be final until the lapse of 14 days.
The Company is committed to the provision of fair and supportive working environments. The disciplinary procedures contained in this policy are designed to support the achievement of this goal.
The Discipline Policy and Procedure is available from the Human Resources Department.
10.5 Smoke-free Workplace
The employer is committed to providing a safe working environment where company premises and vehicles are designated as smoke-free. Employees will only be permitted to smoke in a designated smoking area. Failure to adhere to these rules may result in disciplinary action.
10.6 Drugsand Alcohol
The employer is committed to providing a safe working environment. Any employee affected by alcohol or any other drug will not be permitted to work or operate any equipment.
The employee must inform the employer, prior to commencing work if they are under the influence of drugs (prescribed or not prescribed), alcohol, or any other substance which may affect the employee’s ability to work or to use any of the employer’s equipment.
No employee will be permitted to remain at work under the influence of alcohol or drugs. If an employee attends work under the influence of alcohol or drugs then the employer will arrange to transport the employee home.
As part of the employer’s commitment to quality and safety in the workplace, the employer will provide the employee with all uniforms and protective equipment as required. The employee will adhere to safety procedures, wear protective clothing and use the protective equipment at all times when performing their job.
The employee will be responsible for care and safe keeping of the uniform and protective equipment. Failure to comply with this requirement may result in appropriate discipline and employee counselling.
The employer will be responsible to provide replacement items as necessary, as a result of reasonable use and wear, or damage.
All equipment issued in accordance with this clause will remain the property of the employer and will be returned to the employer on demand and in the event of termination of employment.
An employee will accept responsibility for personal items in a locker.
An employee will not consume food, drink or smoke in a locker room attached to a food production area to comply with health regulations imposed upon the employer.
Employees are required to take all reasonable care in the use of the employer’s property and to protect any of the employer’s property in their care. On termination of employment or upon request to do so, employees must return in good condition (subject to fair wear and tear) any property in their possession belonging to the employer.
Property includes, but is not limited to, documents, papers, reports, information in any way related to or arising during an employee’s employment, programs, records, plans, drawings, intellectual property, business cards, equipment, materials, keys and other property (including mobile phones, computer software and hardware, and any vehicle and financial cards).
All employees are required to keep information about the business of the employer confidential. It is agreed that disclosure may only be made with the express consent of the employer.
No employee may take any non-employee of the Company on site without the express approval of Management. In such cases, all visitors must sign in the visitor’s log and wear such safety clothing as appropriate and requested for that area.
11. Hours of work
It is the intention of the parties to this agreement to modify working arrangements to ensure greater flexibility in the production process.
11.1 Day Workers
11.1.1 The ordinary hours of work for day workers shall be from 5.00a.m to 5.00p.m. The exception to this are those employees who work in the Primary Processing (Live bird hanging, Evisceration and Spin Chill) area of the plant, whose ordinary hours shall be from 3.00a.m. until 6.00p.m. Employees of the Primary Processing shall be given the option of working in the area should these times be introduced.
11.1.2 For day workers, the ordinary hours of service, exclusive of meal breaks will be worked in the following ways:
- Five days of 7 hours and 36 minutes each, Monday to Saturday inclusive, between the hours of 5.00 a.m. and 5.00 p.m., or 8 hours per day where an accrued leisure system operates (see 11.4 Accrued Leisure Time).
No employee employed under the terms of the agreement made on 28 November 1989 will be required to work Saturday ordinary time except by agreement voluntary given without duress.
- Four consecutive days of 9 hours and 30 minutes each, Monday to Saturday inclusive, between the hours of 5.00 a.m. and 7.30 p.m.; or four consecutive days of 8 hours and 27 minutes each, Monday to Saturday, and 5 days of 8 hours and 27 minutes each, Monday to Saturday, week and week about once each fortnight between the hours of 5.00 a.m. and 7.30 p.m.; or
- Three days of 12 hours over 5 weeks and 4 days of 12 hours in the sixth week each Monday to Sunday inclusive between the hours of 5.00 a.m. and 8.00 p.m. The introduction of a 12 hour shift and associated conditions will not occur until agreed or determined; or
- Other starting and finishing times using the same span of hours by agreement on a site by site basis.
11.1.3 The ordinary hours may be worked in any of the following ways:
(i) Five equal days per week.
(ii) Nine equal days per fortnight.
(iii) Nineteen equal days in twenty.
(iv) Four equal days and one short day per week.
(v) Four equal days per week.
(vi) Three equal days over 5 weeks and four equal days in the sixth week.
(vii) Three hundred and 4 hours over any 56 day period.
(viii) Any other agreed method of implementation which may include an accrual system for a rostered day off to a pattern determined by the employer with up to 5 days of accrual.
11.2 Shift Workers
Afternoon Shift - Afternoon shift of eight hours or less means any shift finishing after 5.00 p.m. and at or before midnight (otherwise 8.00 p.m.).
Night Shift - Night shift means any shift finishing subsequent to midnight and at or before 8.00 a.m.
Early Morning - Shift - Early morning shift means any shift commencing after 3.00 a.m. and before 5.00 a.m. (4.30 a.m. daylight saving) except as altered by agreement and in accordance with this Clause.
11.3 Shift Loading:
The shift loading will be paid as an allowance on the weekly rate for all work performed and for paid personal/carers leave and paid public holidays, plus the additional Company public holiday except where such holidays or picnic day falls within a period of annual holiday:
§ Afternoon shift employees - 15 per cent
§ Permanent night shift employees - 30 per cent
§ Early morning shift employees (except primary processing employees) starting at:
o 3.00 a.m. - 15 per cent.
o 4.00 a.m. - 10 per cent
11.4 Notice
Seven days' notice in writing will be given by the employer to the employee of an intention to work any shift work; however, shifts may be varied by agreement between the employer and the accredited employee representative or the employee and employer with less than 7 days' notice.
11.5 Accrued Leisure Time
The planning for days off as leisure time shall, where practical, be in the ratio of 2 prime days for three other days, provided that no employees shall be rostered to take accrued leisure leave on a production day preceding or following a public holiday. When this occurs the day shall be transferred to the next prime day.
Any worker who makes application to work on a rostered accrued leisure day, provided such work is available, shall be paid at the ordinary hourly rate for all time worked on that day. When an employee is requested by the company to work on their Rostered Day Off they shall be paid at the appropriate overtime rate.
Rostered days are specified to be taken on a given day as they accrue. However, subject to the needs of the business, employees can apply to have an alternative day approved provided it is taken prior to the next rostered day accruing.
11.6 Daylight Saving
Where by reason of legislation, summer time is prescribed as being in advance of the standard time in the State the length of any shift:
Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, and
Commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift. The time of the clock in each case is to be set to the time fixed by the relevant legislation.
In this subclause the expressions “standard time” and “summer time” shall bear the same meaning as are prescribed by the relevant legislation.
11.7 Roster
A day roster for weekly employees will specify a commencing/finishing time of ordinary working hours of the respective sections of the Plant. An employer will not alter the roster of the ordinary hours of work except by giving not less than 48 hours' notice. The notice will be given by posting the alteration in an accessible place.
12. Overtime
12.1 All time worked in excess of or outside the ordinary hours an employee is rostered will be overtime. It will be paid for at the rate of time and one half for the first two hours and double time thereafter.
12.2
(i) An employee who has worked overtime for more than 1.5 hours after the employee’s normal ceasing time and who has not been notified on the immediately preceding working day or earlier that the employee will be required to work overtime on any day, will be provided with a meal by the employer or in lieu thereof will be paid the sum set in Clause 19 (xvi) of this agreement.
(ii) Where an employee is required to work for more than 1.5 hours' overtime after ceasing time, the employee will be allowed an unpaid meal break unless agreed otherwise of not less than 20 minutes at the end of the employee’s normal ceasing time or at a time mutually agreed upon between the employer and the employee. An employee who has provided a meal after having been notified and who is not required to work after the normal ceasing time will be paid the sum set in Item Clause 20 (xv) of this agreement.
(iii) A meal need not be provided under this subclause nor need payment be made in lieu thereof if the employee be permitted to return home for the meal in question and can reasonably do so.
(iv) Any payment for a meal under this subclause will be in addition to any overtime payment under this clause.
12.3 Where overtime work commences on one calendar day or notional day and extends into the following calendar day or day the whole period of work will be deemed to have been worked on the former day for the purpose of calculation of overtime. Notional day as defined includes overtime which precedes ordinary duty on any day.
12.4 An employee who has left the employer's premises and is recalled to work overtime, whether notified before the employee has left the employer's premises or not, will be paid a minimum of 4 hours at double time; provided that such employee presents the employee for work as required.
12.5 Employees will work reasonable overtime to meet the needs of the Industry and overtime will not unreasonably be refused provided that each section can be staffed where the full livestock has not been processed and packed off.
12.6 Each day will stand alone in computation of overtime, excluding where an employee is recalled to work (Clause 12.4).
12.7 All time worked on any day before the ordinary hours or after the ordinary hours as defined in Clause 7, Hours of Work, will be paid at overtime rates but may be counted towards ordinary hours for the day by agreement.
12.8 An employee will be given at least eight consecutive hours off duty between the work of consecutive days or be released from duty without loss of pay on the next day until he or she has had at least eight consecutive hours off duty. If the employer directs the employee to resume duty without at least eight consecutive hours off duty, he or she will be paid at the rate of double time until released from duty to obtain eight consecutive hours off duty.
13. Notice of overtime
Where a day shift/afternoon shift employee is required to work overtime, the department supervisor will advise the employee of their need to work overtime by the start of the employee’s lunch break.
14. Pre-programmed weekend overtime
Where an employee is required to attend the site on Saturday or Sunday for the purpose of pre-programmed routine work, and that requirement is notified to the employee prior to the end of their last rostered shift or day’s work, the minimum payment for attending the site shall be as for two (2) hours’ work.
15. Quality
All operatives shall maintain a high quality product within the specifications provided. For example, product as ordered and to specification (if in any doubt, Stop, Check and Ensure correct Product or Procedures before continuing). If an error occurs or a problem is discovered, Supervisors are to be advised immediately no matter who or what is at fault.
16. Meals and Rest periods
The 50 minute break entitlement will be taken over 2 breaks.
Day shift employees will take one twenty and one thirty minute break. Employees will then finish work ten minutes before the end of shift and be paid up to the end of shift.
Afternoon shift and night shift will take two twenty-minute breaks, the remaining 10 minutes will be taken at the end of shift. The times of the two breaks will be negotiated in line with business needs.
When an employee is required to work overtime, a further break will be made available at the end of the employees’ normal hours.
Employees taking excessive breaks will be subjected to the company discipline policy.
17. saturdays, sundays and Public Holidays
17.1 Saturday - The rate for ordinary duty on Saturday will be 50 per cent on the ordinary-time rate of pay.
An employee required to work overtime on Saturday will be paid the minimum of 2 hours at the appropriate overtime rate provided that such employee presents for work at the required starting time.
17.2 Sunday - The rate for ordinary duty on Sunday will be 75 per cent on the ordinary time rate of pay.
The rate for overtime duty on a Sunday will be double time with a minimum payment of 2 hours at such rate except for work which is continuous with ordinary duty.
18. Prescribed Holidays
18.1 A full time employee under this agreement is entitled to the following public holidays, without loss of pay:
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen's Birthday
Labour Day or Eight Hours' Day
Christmas Day
Boxing Day
Where another day is generally observed in a locality in substitute for any of the above days, that day shall be observed as the public holiday in lieu of the prescribed day.
In addition to the public holidays prescribed above, full-time employees are entitled to one additional Company Public Holiday to be taken at a time mutually agreed between the employer and the employee.
Each employee agrees to work on 3 nominated days (i.e. Saturday, Sunday or Public Holiday) to ensure the operation of the plant. These days will be nominated by the Company with at least one months notice. Employees will be called on a voluntary basis first and if there remains insufficient labour, employees will be nominated to work on a fit for purpose basis.
If the company does not give the required one months notice and for all other public holiday and week-end work in excess of the 3 nominated days, work will be performed on a voluntary basis.
Christmas Day and Good Friday will not be included in the three nominated days. If the Company requires the plant to operate on either of these days, work will be on a voluntary basis only
18.2 Where a Part time Employee’s normal paid hours fall on a public holiday and work is not performed by the employee, such employee shall not lose pay for the day.
18.3 Substitution of Public Holidays by Agreement at the Enterprise
(i) By agreement between the employer and the majority of employees, an alternative day may be taken as the public holiday in lieu of any of the prescribed days, the Company will give 4 weeks notice of such change.
(ii) An employer and individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise.
18.4 In addition to the days described in Subclause 18.1, any special days appointed by gazettal as a public holiday throughout the State shall be deemed to be a public holiday for the purposes of this Agreement.
18.5 All time worked on any of these holidays will be paid for at the rate of double time and one-half with a minimum payment of 2 hours at such rate.
18.6 If the employee is rostered off duty on the day a public holiday falls due, the rostered day off will be re-scheduled to another day. Provided that an employee through re-scheduling a rostered day off receives no more or no less public holiday hours than a full time weekly employee working a flat 38 hours per week.
19. Allowances
The following allowances will be paid to eligible employees.
(i) Chiller Location Allowance – Paid to employees required to work in the Chiller. Refer to amount set out in Clause 3, of Appendix A.
(ii) Protein Rendering Plant Heat Allowance – Paid over 12 months for ordinary hours worked. Temperatures exceeding 40 degrees Celsius to be managed for relief. Refer to amount set out in Clause 3, of Appendix A
(iii) Tub Room Heat Allowance - While the existing tub room facilities remain, a location allowance will be given to tub room employees during the months of December to February inclusive. The parties will monitor temperatures for the months of November to March. Refer to amount set out in Clause 3, of Appendix A.
(iv) Cleaning Allowance - All After-Process Cleaners will be provided with a level of chemical training which meets the needs of legislation. This training will be provided for by Training and Development. A competency-based assessment will be conducted on completion of training. Upon competence of this unit After-Process Cleaners will be paid a location allowance. Refer to amount set out in Clause 3, of Appendix A.
(v) Chiller (Distribution) employees will be paid a productivity allowance. In order to receive the productivity allowance, employees must attend work on each day of the week that they are rostered on to work. This allowance is not paid for days of approved leave (except for Personal/Carers leave where the allowance is forfeited for the week) such as Annual Leave, Long Service Leave, Rostered Days Off, Public Holidays, Leave Without Pay, Bereavement Leave, Parental Leave and Jury Service. However, the allowance is paid for the other rostered days of that week provided the employee attends work. Where the employee is late on a rostered day(s), they will forfeit the bonus for that day(s) only. Refer to amount set out in Clause 3, of Appendix A.
This productivity allowance will be monitored and reviewed over the life of the agreement. The Company’s ongoing commitment to this allowance is dependant on chiller attendance rates being higher than the rest of the plant. This allowance will be reviewed on this basis on the conclusion of this agreement.
(vi) Hang Production Allowance - Employees who are employed in the Broiler Kill section are paid an allowance when hanging. Refer to amount set out in Clause 3, of Appendix A.
(vii) Employees who are employed in the Evisceration section are paid an allowance when gutting. Refer to amount set out in Clause 3, of Appendix A.
(viii) Employees who are employed in the Spin Chill area are paid an allowance when hanging. Refer to amount set out in Clause 3, of Appendix A.
(ix) Forklift Allowance - Employees who drive Forklifts are paid an allowance when driving a forklift. Refer to amount set out in Clause 3, of Appendix A.
(x) Hang Live Poultry Allowance - Employees who are employed in the Broiler Kill section are paid an allowance when hanging. Refer to amount set out in Clause 3, of Appendix A.
(xi) Location Allowance - Employees who are employed as Supervisors, bird hangers and Quality Control are paid a Location Allowance. Refer to amount set out in Clause 3, of Appendix A.
(xii) Large Leading Hand Allowance - Employees who are employed as a “Large Leading Hand” will be paid this allowance. Refer to amount set out in Clause 3, of Appendix A.
(xiii) Small Leading Hand Allowance – Employees who are employed as a “Small Leading Hand” will be paid this allowance. Refer to amount set out in Clause 3, of Appendix A.
(xiv) First Aid Allowance – Employees who have a current Senior First Aid Certificate and are employed as a First Aider will be paid this allowance. Refer to amount set out in Clause 3, of Appendix A.
(xv) Knife Allowance – Employees who are employed as knife sharpeners will be paid this allowance. Refer to amount set out in Clause 3, of Appendix A.
(xvi) Meal Allowance – Details are outlined in clause 12 of this agreement. Refer to amount set out in Clause 3, of Appendix A.
(xvii) Chiller Hanwood Freezer Location Allowance – Payable to employees appointed to the position of Supervisor and Quality Assurance. Refer to amount set out in Clause 3, of Appendix A.
(xviii) Location Rendering Allowance – Payable to rendering employees covered by this agreement that work in the Rendering Plant for the disabilities associated with rendering work. Refer to amount set out in Clause 3, of Appendix A.
(xix) Trainer and Assessor – This allowance will be paid to employees who are appointed to undertake training and competency assessments. Refer to amount set out in Clause 3, of Appendix A.
(xx) Quality Assurance Allowance – This allowance will be paid to employees who are appointed to the position of Quality Assurance. Refer to amount set out in Clause 3, of Appendix A.
20.1 Annual leave
20.1.1 Period of Leave
(a)
(i) A full time or part time employee under this agreement is entitled to a period of 28 consecutive days leave, including non working days, (i.e. 4 weeks) after each 12 months service (less the period of annual leave) with an employer.
(ii) An employer may reach agreement with the majority of employees concerned to convert the entitlements in 20.1.1(a)(i) in the previous subclause to an hourly entitlement (i.e. 152 hours or 190 hours respectively for a full time employee) for administrative ease.
(b) The annual leave for full time and part time employees accrues at a rate of 2.923 hours for each 38 ordinary hours worked.
(c) This provision does not apply to casual employees.
20.1.2 Additional Leave for Seven Day Shift Workers
In addition to leave provided for in 20.1.1, seven day shift workers, that is shift workers who are rostered to work regularly on Saturdays and Sundays, shall be allowed seven consecutive days leave including non working days.
Where an employee with 12 months continuous service is engaged for part of the 12 monthly period as a seven day shift worker, that employee is entitled to have the period of leave prescribed in subclause 20.1.1 increased by half a day for each month he or she is continuously engaged as a seven day shift worker.
20.1.3 Payment for Period of Annual Leave
Subject to subclause 20.1 employees, before going on leave, are to be paid the wages they would have received in respect of the ordinary time they would have worked had they not been on leave during the relevant period. This amount shall be calculated as follows:
Time Workers - The wages to be paid must be worked out on the basis of what the employee would have been paid under this agreement for working ordinary hours during the period of leave, including allowances, loadings and penalties paid for all purposes of the agreement, first-aid allowance and any other wages payable under the employee's contract of employment. The employee is not entitled to payments in respect of overtime, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
20.1.4 Loading on Annual Leave
During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed by subclause 20.1.3. The loading shall be as follows:
(a) Day Workers - Employees who would have worked on day work only had they not been on leave - a loading of 20 per cent or the relevant weekend penalty rates, whichever is greater but not both.
(b) Shift Workers - Employees who would have worked on shift work had they not been on leave - a loading of 20 per cent or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.
The loading prescribed by this subclause does not apply to proportionate leave on termination.
20.1.5 How to Calculate the Leave Entitlement -
(a) Except for the following, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:
§ In a 12 month period the employee is entitled to have off up to 152 ordinary working hours because of sickness or accident and this will be counted as time worked (i.e. worker's compensation leave, paid personal/carers leave).
§ Long service leave, annual leave, public holidays, paid bereavement leave, paid training leave and jury service taken by an employee will count as time worked.
§ Any interruption or termination of the employment by the employer which has been made with the intention of avoiding obligations under this clause.
(b) Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purposes of this agreement include:
§ any absence with reasonable cause, proof of which shall be upon the employee;
§ any leave without pay taken with the agreement of the employer;
§ parental leave.
(c) Where a business is transmitted from one employer to another, the period of continuous service that the employee had with the transmitter or any prior transmitter shall be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee shall not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.
20.1.6 Public Holidays Falling in a Period of Leave -
If any public holiday prescribed by clause 19 of this agreement falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there must be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if the day had not been a holiday.
20.1.7 Annual Leave in One or More Separate Periods
(a) Annual leave is to be given by the employer and taken by the employee in up to four separate periods.
(b) If the employer and an employee so agree the annual leave entitlement may be given and taken in more than four separate periods including up to a maximum of 10 single days.
However, one period of annual leave must be of at least seven consecutive days, including non working days.
20.1.8 Time of Taking Leave
An employer can require an employee to take annual leave by giving not less than four weeks' notice of the time when such leave is to be taken.
Wherever possible annual leave will be taken in the year in which it falls due, and shall be taken at a time that is mutually acceptable to the Company and the employee. The employer shall, as far as practicable, arrange to grant annual leave to suit the convenience of the worker.
Annual leave may be accrued to a maximum of 12 weeks. Accruals beyond 8 weeks will only be considered under exceptional circumstances up to a maximum of 12 weeks and prior agreement must be reached with the company.
By agreement between an employer and an employee, annual leave may be taken at any time provided it is done within two years and under exception circumstances three years from the date when the right to leave accrued.
20.1.10 Leave Allowed Before Due Date -
(a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued.
(b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 20.1.11 the employer will not be liable to make any payment to the employee under subclause 20.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.
20.1.11 Proportionate Leave on Termination
An employee other than a casual who:
(a) After one week's continuous service in the first qualifying 12 monthly period with an employer, lawfully leaves the employment of the employer, or is terminated by the employer through no fault of the employee; or
(b) After 12 month’s continuous service with an employer, leaves the employment of the employer or is terminated by the employer for any reason;
shall be paid 2.923 hours for each 38 ordinary hours worked and in respect of which leave had not been granted under this clause at the appropriate rate of wage calculated in accordance with subclause 20.1.3 or as calculated in 20.1.2.
An employee may elect to receive payment in lieu of taking annual leave under this Agreement provided that:
· only leave accrued during the operation of the AFPC standard can be cashed out;
· the employee has accrued at least that amount of annual leave to be cashed out;
· the employee has given the employer a written request to cash out some or all of their accrued annual leave entitlement; and
· the employer authorises the employee’s request .
During each 12 month period, an employee may elect to cash out a maximum amount of accrued annual leave of 1/26 of the nominal hours worked during that period.
Payment for cashed out annual leave will be made at the ordinary rate of pay that the employee receives at the time that the election is made.
In electing to cash out a portion of accrued annual leave, the employee will no longer be entitled to take that amount of leave.
20.1.13 Authorised Leave without pay
Subject to the needs of the business, approval maybe given to employees to grant approved leave with out pay by their department manager.
All employees that became (or become) permanent on or after 1 January 2008 are entitled to accrue an amount of paid personal/carer’s leave for each completed four-week period of continuous service. This amounts to 1/26 of the number of nominal hours worked by the employee during that four week period.
All employees that became permanent before 1 January 2008 are entitled to the amount in the immediately preceding paragraph, but calculated for each year in advance, and an employee will be able to access that leave in advance.
Personal/carer’s leave will only accrue in relation to the nominal hours worked by an employee. Nominal hours worked refers to:
· the sum of the ordinary hours of work that the employee was required to work, and did work (up to a maximum of 38 hours per week and excluding any reasonable additional hours); and
· the number of hours of paid authorised leave taken by the employee during a particular period.
Paid personal/carer’s leave is cumulative but will not be paid out to the employee on termination of employment. Paid personal/carer’s leave counts as service for all purposes.
Payment for personal/carer’s leave will be made at the ordinary rate of pay the employee receives immediately before the period of personal/carer’s leave begins.
The employee is entitled to take any amount of paid personal/carer’s leave that has accrued for the purpose of personal leave.
The employee is entitled to access their accrued personal/carer’s leave to a maximum of 1/26 of the nominal hours worked by the employee in the preceding 12-month period for the purpose of carer’s leave.
An employee will not be entitled to paid personal/carer’s leave for any period during which they are entitled to worker’s compensation payments.
There will be no ability to cash out Personal/Carers Leave under this agreement. However the company will honour previous agreements with current permanent employees.
20.4 Personal/Carer’s Leave definitions
Personal/carer’s leave is either:
· paid leave (personal leave) taken by an employee because of a personal illness or injury of the employee; or
· paid or unpaid leave (carer’s leave) taken by an employee to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because of:
o a personal illness, or injury, of the member; or
o an unexpected emergency affecting the member.
The following are members of an employee’s immediate family:
· a spouse or de-facto partner, child, step child, parent, step parent, grandparent, grandchild or sibling of the employee; and
· a child, step child, parent, step parent, grandparent, grandchild or sibling of a spouse or de-facto partner of the employee.
Where all entitlements to paid personal/carer’s leave have been exhausted, an employee (including a casual employee) can access an additional two days of unpaid carer’s leave on each occasion that a member of the employee’s immediate family or household requires care or support because of a personal illness or injury, or an unexpected emergency affecting the member.
Unpaid carer’s leave can be taken as either a single, unbroken, period of up to 2 days, or any separate periods to which the employee and his or her employer agree.
An employee taking paid or unpaid personal/carer’s leave must provide the employer with reasonable notice on each occasion that the employee is (or will be) absent from their employment during a period because of an illness, injury or unexpected emergency affecting the employee, or a member of the employee’s immediate family or household. The notice must be given to the employer as soon as reasonably practicable (which may be at a time before or after the personal/carer’s leave has started).
An employee taking paid or unpaid personal/carer’s leave will be entitled to five (5) single day absences in a leave year without producing a medical certificate or statutory declaration, for all other single day absences in the leave year, the employee must produce a medical certificate or statutory declaration. Where an employee has two or more consecutive paid or unpaid personal / carers leave, a medical certificate is required evidencing the illness, injury, or unexpected emergency of the person concerned.
The Company has a reasonable expectation that employees will attend work regularly. Of course there are times of genuine illness when employees cannot present for work and the company fully understands those situations.
Abuse of personal leave can lead to extra workload on those employees at work and extra cost to the Company. The Company has a right to monitor personal leave usage and conduct an investigation where abuse is suspected, for example, where a regular pattern or excessive levels of personal leave are observed.
The employee (other than a casual employee) is entitled to a period of two days of paid compassionate leave for each occasion where a member of the employee’s immediate family or household either has a personal illness or injury that poses a serious threat to the life of the member, or dies.
Payment for compassionate leave will be made at the ordinary rate of pay the employee receives immediately before the period of compassionate leave begins. Paid compassionate leave counts as service for all purposes.
The following are, for the purposes of this clause, members of an employee’s immediate family:
· a spouse (including a former spouse, de facto spouse or former de facto spouse), child, step child, parent, step parent, grandparent, grandchild or sibling of the employee; and
· a child, step child, parent, step parent, grandparent, grandchild or sibling of a spouse of the employee.
The employee’s entitlement to paid compassionate leave is subject to the employee providing any evidence that the employer reasonably requires of the illness, injury or death that gave rise to the entitlement for compassionate leave.
An eligible employee is entitled to 52 weeks of unpaid parental leave. This period of unpaid parental leave will be reduced by any period of authorised leave taken by the employee (such as, annual leave or long service leave), and any other parental leave taken by the employee’s spouse (other than a period of one week from the time of birth or three weeks in the case of adoption).
The employer will grant unpaid parental leave in accordance with Part 7, Division 6 of the Workplace Relations Act 1996. A copy of these provisions will be available on request to the employer.
Periods of unpaid parental leave will not count as service for the purpose of accruing leave entitlements but will not break the employee’s continuity of service.
Parental leave refers to maternity, paternity or adoption leave. An eligible employee includes:
· a full-time or part-time employee who has completed 12 months of continuous service with the employer; and
· a casual employee who has been employed by the employer on a regular and systematic basis for a period (or sequence of periods) of at least 12 months, where such an employee has a reasonable expectation of continuing employment with the employer on a regular and systematic basis.
When returning to work from parental leave, the employee is entitled to return to:
· the position they held before taking leave; or
· a position that is reasonably comparable to the position they held immediately prior to commencing parental leave. The employee’s ordinary rate of pay will not be reduced as a result of accepting a comparable position.
In the case of an employee who was transferred to a safe job prior to taking parental leave, the employee will be entitled to return to the position they held immediately before the transfer.
An employee (other than a casual employee) required to attend jury service during ordinary working hours (or for a shift worker on a day affecting his or her shift roster) will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service, and the amount the employee would have received if the employee had worked. The Company shall continue to pay the employee all redundancy, superannuation and long service leave contributions while an employee is on jury service leave.
An employee required to attend jury service will:
· notify the employer as soon as possible of the date upon which the employee is required to attend jury service;
· give the employer proof of attendance and the duration of the attendance; and
· give the employer proof of the amount received by the employee for the jury service.
The Long Service Leave provisions of the Long Service Leave Act (NSW) 1955 shall apply to employees covered by this agreement.
20.13 Time off in Lieu of Payment for Overtime
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 employer within twelve (12) months of the said election.
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.
If, having elected to take time as leave, in accordance with this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of twelve (12) month period or on termination.
Where no election is made in accordance with this subclause the employee shall be paid overtime rates in accordance with clause 12 - Overtime.
20.14 Make-up Time
An employee may elect, with the consent of the Company, to work 'make-up time' if the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in clause 11 of this Agreement, at the ordinary rate of pay.
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.
21. PAYMENT OF WAGES
Wages will be paid in the employer's time on a fixed day each week and will include all monies up to the finishing time two weekdays earlier. Except when prevented by an industrial dispute beyond the employer's control, or occasioned by reasons beyond the control of the Company, an employer will ensure that an employee kept waiting for wages for more than 15 minutes after the normal cessation of duty and 48 hours after the Company has been notified, will be paid waiting time at single rates until such time as wages are available.
The employer may vary the pay day around public holidays and estimate the likely earnings.
Payment received by estimation will be on the basis that an adjustment on the subsequent pay day or days to align actual earnings to estimated earnings will occur.
The employer may make payment by EFT, or cheque, or by cash providing that the employer meets any charges associated with the lodgement of the payment to nominated financial institutions. The nominated institution will be determined by the employee concerned. Such institution will be either a financial bank, building society or credit union.
22. Discounts
Bartter Enterprises Discount List
The company will negotiate with local businesses (including petrol companies) to supply products at discount prices for its employees, through a discount card system which shall be offered to all employees on production of a current pay slip.
Bartter Enterprises Discount Products
All fresh chicken products have been reduced in price for the Company’s employees only. Frozen products are already sold at cheaper than normal prices. In conjunction with the discount card, frozen products may be sold for cheaper prices to employees, than the public, in the future.
23. Superannuation
The company will make contributions to complying superannuation funds in accordance with legislative requirements. Where the employee does not nominate a choice of fund, contributions will be paid into the Company default Superannuation Fund.
Employees are also able to choose to have contributions paid into The Meat Industry Employees Superannuation Fund (MIESF).
All employees will be able to make voluntary contributions through the payroll system.
24. Attendance Standards
The company has a reasonable expectation that employees will attend work regularly. Of course there are times of genuine illness when employees cannot present for work and the company fully understands those situations.
However there are some cases of personal/carers leave abuse and unfortunately this leads to extra workload on those employees at work and extra cost to the company. The company will monitor personal/carers leave use and where the business is affected due to abuse the Disciplinary Policy and Procedure will be implemented.
Some examples of attendance problems which may lead to disciplinary action being taken are:
· A regular pattern of personal/carers leave e.g. all sick days are on a specific day of the week such as every 3rd Monday, either side of an RDO,
· More than 3 single day absences in any 2 month period.
· More than 3 occasions on presenting late to work in any 2 month period.
· Leaving work on one occasion without notification.
The parties are committed to continually improving the health and safety of all employees by continuing to develop and implement a comprehensive strategy for management of health and safety issues. The pursuit of excellence in occupational health and safety is a priority and all employees must comply with all relevant occupational health and safety legislation.
General occupational health & safety training will be delivered to employees as required with the aim of increasing the awareness of occupational health and safety issues.
To ensure that occupational health and safety provisions are effective, all employees have the following obligations:
· Comply with the instructions for workplace health and safety at each site & offer suggestions for improvement;
· Undertake training and re-training in standard work practices and safe work skills.
· Use personal protective equipment provided by Bartter Enterprises Pty. Ltd. and to ensure that proper instructions for use are observed;
· Undertake safety walks and workplace inspections as required.
· Not to willfully or recklessly interfere with or misuse anything provided for workplace health and safety at the workplace;
· Report all hazards, unsafe practices, unsafe conditions and situations, all injuries and all incidents to management.
· Not to willfully place at risk the workplace health and safety of any person at the workplace; and not to willfully injure himself or herself.
· Participate in rehabilitation programs and/or rehabilitation processes if and when required.
Bartter Enterprises has a duty to ensure your health and safety by:
· Developing methods of work that, as far as practical ensure the health and safety of employees;
· Providing and maintaining plant and systems of work that are as far as practicably safe;
· Making arrangements for the safe use, storage, handling and transport of plant and substances;
· Providing adequate facilities;
· Providing information, training and supervision to allow employees to perform their work in a safe manner;
· Providing protective clothing and equipment as required, and training in its use and maintenance.
Employees agree to report any spill, leakage or other polluting incident and any contravention of any licence approval or standard to relevant company management and will assist in preventing or stopping such occurrences.
27. RESOLUTION OF DISPUTES & GRIEVANCES
Subject to the operation of the Workplace Relations Act 1996 (the Act), in the event that a grievance or dispute arises over matters dealt with by this Agreement, as far as possible every effort will be made to resolve the issue at the local level.
The parties are committed to speedy resolution of the issue in accordance with the following procedure which is designed to avoid disputes, including work bans or limitations, go-slows, strikes, etc., and recognises the need for continuity of operations while matters are being resolved. The short shelf life of our products and the consequent impact on our customers if there are any disruptions are paramount considerations to all parties to this Agreement.
· The grievance or dispute should be raised by the employee/s with the appropriate supervisor, who will respond within two working days, unless there are reasonable circumstances preventing a response in that time.
· If the grievance or dispute remains unresolved, then the employee/s may choose to involve their chosen representative and the issue is to be referred to the relevant Manager, who will respond within two working days, unless there are reasonable circumstances preventing a response in that time.
· If the grievance or dispute remains unresolved, then the issue is to be referred to the senior management of the Company who will respond within two working days, unless there are circumstances preventing a response in that time.
· If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission or a successor body of competent jurisdiction for resolution by mediation, conciliation, or arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
· The decision of the Commission or successor body will bind the parties, subject to either party exercising a right of appeal.
There is to be full continuity of normal operations without restrictions on work, or industrial action of any kind while the procedures in this clause are followed.
While a dispute is being resolved employees must continue to work in accordance with their contract of employment and comply with any reasonable direction given by his or her employer to perform other available work, either at the same workplace or at another workplace, unless the employee/s has a reasonable concern about an imminent risk to his or her health or safety.
In directing an employee to perform other available work, an employer must have regard to the provisions (if any) of the law of the Commonwealth or of a State or Territory dealing with occupational health and safety that apply to that employee or that other work; and whether that work is appropriate for the employee to perform.
In consideration of the nature of the poultry preparation industry and health requirements it is acknowledged that the business is potentially vulnerable to infestations and disease such as avian flu. It is acknowledged that the Company maintains the highest level of hygiene and incorporates best practice to minimise any risk to health and well being and the success and viability of operations.
In conjunction with other measures to control any outbreak or disruption caused by a matter beyond the control of the Company and to minimise risk to the viability of the business to continue and to provide employment, the Company may as a last resort take such steps as set out under this clause.
The Company, employees and their chosen representative will seek to reach agreement on an orderly process for employees to take accrued leave or other leave. Where the majority of employees affected agree with a proposal for taking paid or unpaid leave under this clause, the outcome will apply to all employees covered by this agreement. If a dispute arises at this point, a party may elect to refer the matter to the Commission or a successor body of competent jurisdiction which may exercise the powers available to it under this Agreement.
To avoid any stand downs wherever possible the Company must take all reasonable steps to exhaust other redeployment arrangements or implement alternative operational arrangements such as altered shift arrangements in consultation with employees and where requested, their chosen representative.
Affected employees may be requested to take accumulated RDOs where applicable or accrued annual leave prior to the Company taking steps to stand down an employee. Affected employees will be given no less than 24 hours notice of alternative work arrangements.
Employees will continue to accrue annual leave in accordance with this Agreement during an avian flu outbreak period.
In the event that the Company avails itself of the provisions of this clause for a period exceeding 1 month, the Company shall inform the concerned employees and where requested, their chosen representative of its intention to continue the use of the clause.
If the employees or their chosen representative dispute the Company's contention that it is unable to economically continue operations and provide employment under this Agreement, the employees or their chosen representative of their behalf may refer that matter to the Commission (or successor body) by notifying a dispute in accordance with the terms of this Agreement.
If an employee is made redundant then the weekly rate of pay for the purposes of calculating notice and severance payments will be that which applied as at the date of the commencement of the stand down.
The Bartter Enterprises Redundancy Policy forms part of this Agreement at Appendix C.
30. Amenities
30.1 Each employer will provide:
- A dressing room containing hot/cold showers.
- Lockers fitted with lock and key. An employee who is issued with a locker key and/or lock will be responsible for the loss of any key or lock (unless stolen). An employee will accept responsibility for personal items in a locker.
- An employee will not consume food, drink or smoke in a locker room attached to a food production area and will comply with health regulations imposed upon the employer.
- A separate rest room shall be provided to male and female employees for their use.
- Clean lunch rooms, well ventilated, boiling water, a heating appliance for meals.
- Where so requested by 10 or more employees who regularly use bicycles for transport to and from their employment, a suitable structure for storing bicycles with protection from the sun and rain.
30.2 The employer, with the cooperation of the employees, will cause all amenities to be kept clean and in a sanitary condition.
30.3 Amenities for males and females will be separate.
30.4 Employers will provide for the use of the employees in factories a sufficient supply of wholesome cool drinking water from bubbler taps or other suitable drinking fountains.
30.5 The employer will permit a notice board or boards to be erected in a prominent position in the Plant so that it will be reasonably accessible to all employees working under this agreement.
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