Peters (WA) Ltd Country Distribution Depots (Enterprise Bargaining) Agreement 1996, No

23

PETERS (WA) LTD

COUNTRY DISTRIBUTION DEPOTS

ENTERPRISE AGREEMENT 1996

NO. AG 170 OF 1996

1. - TITLE

This Agreement shall be known as the Peters (WA) Ltd Country Distribution Depots (Enterprise Bargaining) Agreement 1996, No. AG170 of 1996.

2. - ARRANGEMENT

1. Title

2. Arrangement

3. Area and Scope

4 Incidence and Parties Bound

5. Operation of Agreement

6. Relationship to Parent Awards

7. Single Bargaining Unit

8. Commitments

9. Flexibility Clause

10. Contract of Employment

11. Dispute Settlement Procedure

12. Movement in Wages

13. Classification

14. SQP Programme

15. Parental Leave

16. Equal Employment Opportunity

17. Introduction of Change and Redundancy

18. Training

19. Signatories

APPENDICES

A. Wages

B. SQP Consultative Committee Constitution

C. Key Performance Indicators

D. Equal Employment Opportunity and Affirmative Action Programme

3. - AREA AND SCOPE

The area and scope of this Agreement shall be that prescribed in the Transport Workers’ (General) Award No. 10 of 1961 and the Clerk’s (Wholesale and Retail Establishments) Award No. 38 of 1947.

4. - INCIDENCE AND PARTIES BOUND

(1) This Agreement shall be binding on the parties to this Agreement individually and collectively and shall apply to all persons employed at Peters (WA) Ltd Country Distribution Depots, estimated to number 50, who are members, or eligible to be members of the organisations of employees party to this Agreement and who are covered by any Award detailed in subclause (3) of this Clause.

(2) The parties to this Agreement are:

(a) Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch.

(b) Australian Municipal, Administrative, Clerical and Services Union of Employees, Western Australian Clerical and Administrative Branch.

(c) Peters (WA) Ltd.

(3) The Awards which at 1 December 1995 covered Peters (WA) Ltd at its Country Distribution Depots at Broome, Bunbury, Albany, Kalgoorlie, Esperance, Northam and Geraldton are:

(a) Transport Workers’ (General) Award No. 10 of 1961.

(b) Clerk’s (Wholesale and Retail Establishments) Award No. 38 of 1947.

5. - OPERATION OF AGREEMENT

This Agreement shall operate from the commencement of the first pay period on or after 1 December 1995 and shall remain in operation until 1 December 1997.

6. - RELATIONSHIP TO PARENT AWARDS

(1) This Agreement shall be read and interpreted wholly in conjunction with the relevant Awards as identified in subclause (3) of Clause 4. - Incidence and Parties Bound, of this Agreement.

(2) Where there is any inconsistency between this Agreement and any relevant Award, this Agreement shall prevail to the extent of any inconsistency.

(3) This Agreement in addition to the Awards as identified in Clause 4. - Incidence and Parties Bound, subclause(3), will replace any other unregistered Agreements.

7. - SINGLE BARGAINING UNIT

(1) A single bargaining unit has been established between the above Unions representing the employees of Peters (WA) Ltd.

(2) The single bargaining unit has endorsed the terms of this Agreement.

8. - COMMITMENTS

(1) The Company recognises the concerns of employees and the Unions regarding job security. The Company believes that true participation through the Safety, Quality and Productivity Program (“SQP”) is the way to ensure a future for the employees with the Company.

(2) The parties undertake that the terms of this Agreement will not be used to progress or obtain similar arrangements or benefits in any other enterprise.

(3) This Agreement shall not operate to cause any employees to suffer a reduction in ordinary time earnings, or to depart from the standards of the West Australian Industrial Relations Commission in regard to hours of work, annual leave with pay or long service leave with pay.

(4) The parties undertake that the increase referred to in Clause 12. - Movement in Wages of this Agreement will be the only increase to apply during the life of the Agreement provided that further increases may result from real productivity improvements implemented and quantified by the SQP consultative process and/or in accordance with the State Wage Principles.

(5) The parties will assess the achievement in productivity and efficiency during the terms of this Agreement.

(6) The parties agree that following the process of reviewing this Agreement it will be renewed or replaced. This review will commence no later than 13 weeks prior to the expiry of this Agreement.

(7) The parties commit to oppose any attempt by any other person, employees or organisation to become a party to this Agreement.

9. - FLEXIBILITY CLAUSE

(1) The parties to this Agreement commit themselves to a process of developing a work place free from unnecessary demarcation where employees can use their skills and competence to the fullest extent.

(2) It is also recognised the breaking down of demarcations and increased flexibility of the workforce will be achieved through consultations where the relevant issues will be examined.

10. - CONTRACT OF EMPLOYMENT

(1) An employee may be engaged as:

(a) A full time employee engaged to work 38 hours per week (excluding overtime).

(b) A part time employee, engaged to work regular weekly hours subject to:

the maximum weekly ordinary hours (ie: exclusive of overtime) to be 38;

(c) A temporary employee, engaged to work for a fixed term determined in advance on a full time basis.

A temporary employee will be used to replace employees who are absent from work due to Long Term Illness, Workers Compensation, Long Service Leave, or otherwise as agreed between the employer and the Unions.

(d) A seasonal employee, engaged to work flexible hours during the year to meet seasonal requirements.

Seasonal employees will be paid in accordance with provisions which apply to permanent full time or part time employees.

(e) A casual employee, engaged by the hour subject to:

(i) The maximum weekly ordinary hours (ie: exclusive of overtime) to be 38.

(ii) Such employment shall be for a period of up to one month or for a period exceeding one month in consultation with the Unions.

(2) Where practicable, the Company will notify casual employees and seasonal employees that they are not required to work on the next working day. If a casual or seasonal employee presents for work on a day on which he or she might reasonably have expected to be required for work without having been notified by the Company in accordance with this subclause that he or she is not so required, then such an employee will receive three hours pay at the appropriate casual rate.

(3) Probationary Employees

An employee, other than a casual or seasonal employee, may be engaged for an initial probationary period of not more than 3 months on the following basis:

(a) The Company will advise an employee on or before commencement whether the employee is engaged for an initial probationary period, and if so, the length of the probationary period.

(b) Regular performance reviews will be conducted during the probationary period.

(c) Any performance deficits will be addressed and the employee will be allowed an opportunity to correct those deficits.

(d) The purpose of the probationary period is to allow both the Company and the employee to decide whether to continue the employment beyond the probationary period, and therefore the employee will be advised that employment beyond the probationary period is not guaranteed.

(e) If, at any time during the probationary period, either the employee or the Company give one week’s notice of termination of the employment, the probationary employee’s employment will end.

(f) If, at the end of the probationary period, a decision is made not to offer further employment, the probationary employee’s employment will end.

(4) It is a condition of employment that each employee must:

(a) Perform work as the Company, may, from time to time, reasonably require having regard to the limits of the employee’s skill, competence and training within their classification.

(b) Perform the full range of duties within the employee’s classification, including any duties as may be directed by the Company having regard to the limit of the employee’s skill, competence and training within their classification.

(c) Perform work without regard to any demarcations or limitations, providing the work to be performed is within the employee’s skill, competence and training within their classification.

(d) Transfer between various departments without restriction providing the duties are within the employees skill, competence and training.

(e) Work reasonable overtime as may be required by the Company.

(f) Comply with all safety regulations, policies and procedures determined by the Company or as prescribed by Government Regulation.

(g) Use as directed by the Company all protective clothing and equipment provided by the Company.

(h) Observe all the Company regulations, policies and procedures.

(5) Disciplinary Procedure

(a) Where an employee engages in unsatisfactory conduct the Company may, as appropriate:

(i) informally counsel the employee;

(ii) verbally warn the employee;

(iii) warn the employee in writing;

(iv) suspend the employee without pay; or

(v) dismiss the employee with notice or with pay in lieu of notice.

(b) Where a representative of the Company engages in any discussions with an employee concerning any conduct of an employee which may lead to dismissal or other disciplinary or counselling measures being taken by the Company, the employee is entitled to elect to have either another employee or a Union representative present during the discussion. The representative of the Company will remind the employee of that entitlement at the beginning of the discussion.

(c) When counselling or warning an employee concerning unsatisfactory conduct engaged in by that employee, the Company’s representatives will:

(i) specifically identify the conduct complained of;

(ii) explain why the conduct is unacceptable by the Company; and

(iii) explain the consequences if the employee again engages in that unsatisfactory conduct.

(d) No record will be kept by the Company of informal counselling of an employee. Where a record is kept by the Company of a verbal warning given to an employee, the employee and any other employee or Union representative present will be given the opportunity to verify the accuracy of the record within a reasonable time of the warning being given.

(e) Nothing in this Clause affects the Company’s right to dismiss an employee without notice for misconduct which justifies summary dismissal.

(6) Performance Counselling

If the Company considers that the performance of any employee is unsatisfactory, the Company’s representative will:

(a) Discuss the matter informally with the employee with a view to identifying ways in which the performance of the employee could be improved. Specifically, the company’s representatives and the employee will discuss:

(i) the areas of the employee’s performance which are unsatisfactory;

(ii) the reasons for the employee’s unsatisfactory performance.

(iii) the steps available to the Company which would assist the employee to perform satisfactorily, which may include arranging for the employee to receive training or additional training or altering the employee’s working conditions;

(iv) the steps available to the employee to remedy the unsatisfactory performance.

During any such informal discussions, the employee is entitled to elect to have either another employee or a Union representative present during the discussion. the representative to the Company will remind the employee of that entitlement at the beginning of the discussion.

(b) If, after informal discussions, the Company still considers that the performance of the employee is unsatisfactory, advise the employee in writing of:

(i) the areas of the employee’s performance which are unsatisfactory;

(ii) the Company’s response to any reasons offered by the employee for his or her unsatisfactory performance;

(iii) the steps taken or intended to be taken by the Company which would assist the employee to perform satisfactorily;

(iv) the steps required of the employee to remedy the unsatisfactory performance;

(v) the time allowed for improvement before further assessment.

(c) Where the required improvement has not occurred following the steps set out in paragraph (b) above, give the employee a written warning that failure to improve performance within a given time may lead to the employee’s suspension or dismissal from employment and setting out the steps necessary to be taken by the employee to improve their performance to a satisfactory level.

(d) Where the performance of an employee then continues to be unsatisfactory, suspend the employee without pay for a time specified in writing by the Company or dismiss the employee with notice.

(7) Termination of Employment

(a) The notice required to be given by the Company or the employee to terminate employment will be:

(i) for casual employees - one hour’s notice;

(ii) for probationary employees - as provided in paragraph (e) of subclause (3) hereof;

(iii) for all other employees - in accordance with the provisions below.

Period of Continuous Service Period of Notice

Not more than 1 year 1 week

More than 1 year but not more

than 3 years 2 weeks

More than 3 years but not more

than 5 years 3 weeks

More than 5 years 4 weeks

Providing that employees with two or more years service who are 45 years of age or older at the date of termination will be entitled to one additional week’s notice.

(b) By arrangement between the employee and the company an employee will be entitled to up to 8 hours time off per week during the notice period for the purpose of seeking other employment.

(c) Notice of termination of employment may also be affected by the payment or forfeiture of wages for the relevant notice period, providing that employment may be terminated by part of the period of notice specified and part payment or forfeiture of wages in lieu of that notice.

(d) Payment or forfeiture of wages in lieu of notice will be calculated on the basis of the wages the employee would have received for the ordinary time the employee would have worked during the period of notice had the employee’s employment not been terminated.

(e) The Company may dismiss an employee without notice for misconduct which justifies summary dismissal and in such cases, wages will be paid up to the time of dismissal only.

(f) Nothing in this Clause prevents the Company and the employee agreeing to a lesser period of notice than that otherwise required by this Clause.

(8) Rostered Days Off

(a) All full time employees covered by the Transport Workers’ (General) Award, No. 10 of 1961, will from the date of the registration of this Agreement work a cycle of work in accordance with the provisions of the parent Award to enable them to have a rostered day off per month.