11
Watsons Foods, Metal Trades
Enterprise Agreement 1996
No.AG147 of 1996
1. - TITLE
This Agreement shall be referred to as the Watsons Foods, Metal Trades Enterprise Agreement 1996, No.AG147 of 1996.
2. - INDEX OF CLAUSES
1. Title
2. Index of Clauses
3. Parties Bound
4. Date and Period of Operation
5. Relationship to Parent Award
6. Definition
7. Aim of Agreement
8. Single Bargaining Unit
9. Wage Increases / No Extra Claims
10. Appointment and Probation
11. Confidentiality
12. Disciplinary Procedure
13. Meal Money
14. Sick Leave
15. Bereavement Leave
16. Discretionary Leave
17. Jury Leave
18. Parental Leave
19. Recording of Steel Inventory
20. Dispute Settlement Procedures
21. Environmental Issues
22. Not to be used as a Precedent
23. Declaration and Signatories
3. - PARTIES BOUND
This Agreement shall be binding upon George Weston Foods Limited (trading as Watsons Foods - Spearwood WA), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, its officers and members and employees of the employer who are eligible to be members of the Union, whether members of the Union or not. Upon registration of this Agreement it is anticipated that 4 employees will be covered by this Agreement.
4. - DATE AND PERIOD OF OPERATION
This Agreement shall take effect from the beginning of the first pay period commencing on or after 1November 1995 and shall remain in force until 31 October 1997.
5. - RELATIONSHIP TO PARENT AWARD
To the extent of any inconsistency the terms and conditions of this Agreement replace the terms and conditions of any site agreement and the following Award and all variations thereafter, which would otherwise govern the employment relationship at the enterprise:
Metal Trades (General) Award 1966, No. 13 of 1965
6. - DEFINITION
Employer - means George Western Foods Limited, trading as Watsons Foods, Spearwood WA.
Union - means the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union ofWorkers - Western Australian Branch.
7. - AIM OF AGREEMENT
(1) The parties recognise that this is an initial Enterprise Agreement. During the period of operation of this Agreement the parties have as an aim, the development and implementation of work teams, the joint development and implementation of key performance indicators and to undertake Benchmarking against Best Practice operations. The parties to this Agreement are committed to:
(a) Employee participation in workplace Best Practice Teams.
(b) Continuing a harmonious industrial relations environment through a commitment to consultation.
(c) Increasing the efficiency and productivity of the company to assist its international and domestic competitiveness.
(d) Working together to increase the job security, job satisfaction, training opportunities and access to better paid jobs and career paths for employees.
(e) Co-operating positively to implement work practices that are flexible and meet both the requirements of the company and the employees within the company.
(2) In meeting these objectives the parties have agreed to consider a broad agenda through the consultative processes established by this Agreement. Such an agenda will include:
(a) Continuous review of work and management practices affecting efficiency and job satisfaction at a plant level.
(b) Measures designed to improve plant utilisation and ensure security of employment.
(c) Occupational health and safety issues with a view to reducing the number of injuries and illnesses suffered by employees including the provision of appropriate safety equipment and apparel and the development of rehabilitation programmes.
In order to work towards these aims management and employees are to meet at least bi-monthly to discuss issues.
8. - SINGLE BARGAINING UNIT
(1) The Company, employees and the Union have formed a single bargaining unit in accordance with the requirements of the West Australian State Wage Decision in January 1992.
(2) The single bargaining unit consists of employees, Union and Company representatives.
(3) The single bargaining unit has held negotiations and reached full agreement on the terms of this consent Agreement.
9. - WAGE INCREASES / NO EXTRA CLAIMS
(1) Wage increases are payable as follows:
Classification / Original Weekly Rate / 6% EB on FFPPAfter 1 November 1995 / 4.5% EB on FFPP
After 1 April 1997
C9 / $446.10 / $472.87 / $494.15
C10 / $425.20 / $450.71 / $471.00
C11 / $393.50 / $417.11 / $435.88
C12 / $372.60 / $394.96 / $412.73
(2) In addition to the above, employees shall receive a Special Duty Allowance as follows:
$20.67 per week for up to 6 months service.
$31.01 per week for 7 to 12 months service.
$41.33 per week for more than 12 months service.
(3) Any applicable allowances contained in the Metal Trades (General) Award 1966, No. 13 of 1965, shall also apply.
10. - APPOINTMENT AND PROBATION
(1) With the exception of a casual employee and temporary employees, all employees shall be on probation for six weeks, provided that where an employee has been employed as a Casual or Temporary employee in the six months prior to the date of appointment, that period of employment shall have the effect of reducing the probationary period, provided further that all employees shall be on probation for at least two weeks.
(2) At the conclusion of the probationary period and whenever necessary prior to that time, the performance of the employee shall be assessed. If the employee chooses, he/she may be accompanied by a Union Delegate.
(3) In light of the assessment the probationary period of the employee may be extended up to a term of 12weeks.
(4) During the probationary period, if it is necessary to terminate the services of an employee he/she shall be given a weeks pay in lieu of notice.
(5) After the successful completion of the probationary period the employee shall be notified in writing of his/her appointment.
11. - CONFIDENTIALITY
Employees must keep information about the business of the employer confidential. Disclosure may only be made with the express consent of the employer. Unauthorised disclosure by an employee may result in dismissal.
12. - DISCIPLINARY PROCEDURE
The following procedure shall be adhered to by the Company and the employees:
(1) Employees who exhibit unsatisfactory performance or behaviour shall be counselled so that they understand the standards expected of them and will be offered assistance and guidance in achieving those standards.
(2) Confidential written records of such counselling will be made. The employee will be shown the written record and will have the opportunity of commenting on its contents whether in writing or orally. If the employee agrees, a copy can be provided to the relevant Union Delegate.
(3) Employees whose performance or behaviour is unsatisfactory will be given time as agreed between the employee and the Company to demonstrate a willingness to improve.
(4) If the circumstances for which an employee has been disciplined continue he/she shall be provided with a second warning. A third warning may result in the employee being dismissed.
(5) Nothing in the procedure shall limit the right of the Company to summarily dismiss an employee for serious and wilful misconduct.
(6) At all stages of the disciplinary process the employee will be entitled to have another available employee or Union Delegate present as a witness if desired, providing employee confidentiality is not breached.
13. - MEAL MONEY
(1) An employee required to work overtime for more than two hours prior to his/her normal starting time or after his/her normal finishing time on any day shall be supplied with a meal by the employer or be paid $6.75 by the employer for a meal provided that the meal allowance shall only be paid for overtime worked after normal finishing time if there has been an elapse of 5 hours or more since the employees last meal break.
(2) If the amount of overtime required to be worked necessitates a second or subsequent meal the employer shall supply such meal or pay to the employee the sum of $4.70 for each such second or subsequent meal.
(3) No such meals need to be provided or payments need to be made in respect of any period of overtime which the employee has been notified on the previous day or earlier that he/she will be required to work.
14. - SICK LEAVE
(1) Leave
Employee’s shall be entitled to 10 days paid sick leave for each year of service. Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service.
Unused portion of sick leave shall accrue from year to year, provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service, except in exceptional circumstances, and any such request shall not be unreasonably refused.
(2) Notification
Employees where practical shall, prior to the commencement of normal shift, inform the employer’s representative (OH&S Co-ordinator, Security Officer or Payroll Officer) of the nature of the injury or illness and the estimated duration of the absence. Employees may be required to produce a medical certificate for any absence.
(3) Proof of Illness
An employee may be required to provide a certificate from a medical practitioner or other proof the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year if any, shall be accompanied by such certificate.
(4) Sickness During Annual Leave
Any employee who is sick on annual leave may apply for sick leave in lieu of annual leave providing notification of such application is made on the first day he/she returns from annual leave, that the application is made within the first 3 days of his/her return and the application is supported by a medical certificate.
(5) Effect Upon Workers Compensation
The provision of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers’ Compensation and Rehabilitation Act 1981, nor to employees where injury or illness is the result of the employee’s own misconduct.
(6) Casual Employees
The provisions of this clause do not apply to casual employees.
(7) Sick Dependants
An employee may, in their second and subsequent years of employment apply for up to 3 days of their sick leave entitlement to be converted to leave to care for sick dependants.
15. - BEREAVEMENT LEAVE
(1) An employee will be entitled to a maximum of two working days paid leave -
(a) on each occasion of the death in Australia of his or her spouse, defacto spouse, father, mother, brother, sister, child, step-child, grandparent, foster parent, mother-in-law or father-in-law;
(b) on each occasion he or she travels overseas in connection with the death outside Australia of one of the relatives specified in paragraph (a) above.
(2) In the event of the death overseas of a relative specified in paragraph (a) above, an employee will be entitled to one working day’s paid leave if the employee does not travel overseas in connection with the death.
(3) This clause shall have no operation while the period of leave under it coincides with any other period of leave.
16. - DISCRETIONARY LEAVE
In circumstances where genuine need and/or hardship arises an employee shall be entitled to request leave from the HR & IR Manager. Such leave could be with or without pay depending on circumstances and will only be granted if adequate arrangements at no additional cost can be made by management to cover the employee’s absence.
In deciding to grant leave, factors such as the employees length of service will be considered.
17. - JURY LEAVE
(1) If an employee, other than a casual employee, is required on any day or days to attend at Court in compliance with a summons to appear as a juror he/she shall for each ordinary working day on which he/she so attends be granted leave by his/her employer for that day and be paid an amount equal to the difference between the fee to which he/she would have been entitled under this Agreement had he/she worked on that day provided -
(a) that he/she notified his/her employer that he/she has received such summons and produces it to his/her employer on the first working day after receiving same;
(b) that he/she qualifies for a jury fee on that day;
(c) that he/she attends for work and works as required on the working day before and the working day after the day or days on which he/she is required to attend and attends for jury service as aforesaid.
(2) In the case of a shift worker, “day” for the purpose of this clause shall include any shift commencing on that day for which the employee is rostered to work.
(3) For the purpose of this clause the qualifications for entitlement to payment for a public holiday as provided in Clause 29. - Public Holidays, of the Metal Trades (General) Award 1966, No. 13 of 1965, shall apply.
(4) In the event that a juror’s fee is calculated by reference to an award entitlement, the employer’s obligation under this clause shall be deemed to have terminated.
18. - PARENTAL LEAVE
Subject to the terms of the provisions of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.