River Rooster Australia, Sda Enterprise Agreement 2001

RIVER ROOSTER AUSTRALIA, SDA ENTERPRISE AGREEMENT 2001

AG 228 of 2001

SCHEDULE

1.TITLE

This Agreement shall be known as the RIVER ROOSTER AUSTRALIA, SDA ENTERPRISE AGREEMENT 2001 and is made in substitution for the River Rooster Australia Agreement Ag 266 of 1996 and the River Rooster SDA Enterprise Agreement 1998 Ag 109 of 1998.

2.ARRANGEMENT

1. Title

2. Arrangement

3. Area and Scope

4. Supersession of Previous Awards and Agreements

5. Term

6. Definitions

7. Termination of Employment

8. Hours

9. Overtime

10. Casual Employees

11. Part Time Employees

12. Meal Breaks

13. Meal Money

14. Sick Leave

15. Bereavement Leave

16. Holidays

17. Annual Leave

18. Long Service Leave

19. Payment of Wages

20. Wages

21. Junior Employees

22. Higher or Lower Duties

23. Uniforms and Laundering

24. Protective Clothing

25. Employees' Equipment

26. Limitation of Work

27. Travelling Facilities

28. Record

29. Roster

30. Change and Rest Rooms

31. First Aid

32. Posting of Agreement and Union Notices

33. Supported Wage System for Employees with Disabilities

34. Location Allowances

35. Parental Leave

36. Temporary Transfer

37. Traineeships

38. Technological Change and Restructuring

39. Redundancy

40. Grievance Procedure

41. Right of Entry

42.Signatories

3.AREA AND SCOPE

This Agreement shall be binding upon River Rooster Australia Proprietary Limited (“the employer”) trading as River Rooster and the Shop, Distributive and Allied Employees’ Association of Western Australia (“the Union”) in respect of all employees employed in the classifications defined in Clause 6.-Definitions by the employer throughout the State of Western Australia.

It is estimated that upon its registration this Agreement shall apply to 60 employees.

4.SUPERSESSION OF PREVIOUS AWARDS AND AGREEMENTS

No other Award or Agreement shall apply to any employee bound by the terms of this Agreement.

5.TERM

(1)This Agreement shall come into force on the day of its registration and shall continue to operate until 1st March 2004.

(2)The parties to the Agreement agree to commence negotiations for a new Agreement three months prior to the expiration of this Agreement.

(3)Following its expiration, this Agreement shall continue to operate until varied by the parties or replaced by another Agreement.

6.DEFINITIONS

(1)Grading

(a)Employees shall be engaged in one of three grades defined as follows:

(i)“Employee Grade I” shall mean an employee engaged after the date of registration of this Agreement who is in his/her first six months of service with the employer and who is gaining the skills required of higher grades.

(ii)“Employee Grade II” shall mean an employee with more than six months service with the employer who is engaged in;

(a)the preparation, assembly, cooking or packing of product for sale,

(b) the taking of orders and receipt of monies by any means

(c)and the cleaning and maintenance of the work area, cooking utensils, cutlery and glassware.

(iii)“Employee Grade III” shall mean an employee who is required to perform the duties of a “Employee Grade II and/or to give direction to or to be in charge of "Employees Grade I and II". An “Employee Grade III" may also be required to do clerical work associated with the running of the employers business.

(2)"Daily Spread of Shift" shall mean the time that elapses from the employee's actual starting time to the employee's actual finishing time for any day or shift.

7.TERMINATION OF EMPLOYMENT

(1)Permanent Employees

(a)Should the employer wish to terminate a permanent employee, the following period of notice shall be provided:

Period of Continuous ServicePeriod of Notice

Not more than 3 months1 day

More than 3 months but not more than 1 year 1 week

More than 1 year but not more than 3 years2 weeks

More than 3 years but not more than 5 years3 weeks

More than 5 years 4 weeks

(b)Employees over 45 years of age with 5 or more years continuous service at the time of termination, shall receive an additional week's notice.

(c)Where the relevant notice is not provided, the employee shall be entitled to payment in lieu. Provided that employment may be terminated by part of the period of notice and part payment in lieu.

(d)Payment in lieu of notice shall be calculated using the employee’s ordinary time weekly wage as prescribed by this Agreement.

(e)The period of notice in this Clause shall not apply in the case of dismissal for conduct that justifies instant dismissal including malingering, inefficiency, theft, neglect of duty or, if after receiving notice of termination, such employee does not carry out his/her duties in the same manner as he/she did prior to such notice.

(f)Notice of termination by employee

Except in the first three months of service, 1 week's notice shall be necessary for an employee to terminate his or her engagement or the forfeiture of one week's pay by the employee to the employer in lieu of notice.

In the first three months of service, an employee may give 1 day's notice to terminate his or her employment, or the forfeiture of 1 day's pay by the employee to the employer in lieu of notice.

Notice of termination may be waved with the consent of the employer.

(g)Unfair Dismissals

Termination of employment by the employer shall not be harsh, unjust or unreasonable, whether notice has been given or not.

Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, terminations on the grounds of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

(2)Casual Employees

The giving or receiving of 1 hour's notice may terminate the employment of a casual employee.

8.HOURS

(1)The ordinary hours of work shall be thirty-eight per week, not exceeding ten per day, to be worked over not more than five days of the week, within a daily spread of eleven hours. Each employee shall be entitled to two clear days off duty per week.

(2)Notwithstanding the above, ordinary hours may be worked on 6 days in a week if in the following week ordinary hours are worked on not more than 4 days and there are 3 consecutive days off in one week and 1 clear day off in the other week.

9.OVERTIME

(1)All work performed at times other than those which the employee is rostered to work, or outside a daily spread of eleven hours, or beyond their ordinary hours shall be overtime.

(2)All overtime worked shall be paid for at the rate of time and a half the employee’s ordinary time rate of wage for the first two hours and double time thereafter.

(3)There shall be a minimum of three hours' pay at overtime rates for all work performed on any day on which an employee is not rostered to work.

(4)Notwithstanding anything contained in this clause, the employer and an employee may agree that time off with pay may be allowed in lieu of payment for overtime. Such time off shall be allowed subject to:

(a)Time off for each hour or part thereof shall be equivalent to the overtime rate that otherwise would have been paid.

(b)The time of taking time off being agreed at the time of arranging the overtime which shall be no later than four weeks after the overtime is worked.

10.CASUAL EMPLOYEES

(1)Casual employees shall mean employees engaged on an hourly contract of service.

(2)Casual employees shall not be engaged for less than two consecutive hours per time.

(3)Casual employees shall be paid at the ordinary rate of pay of one thirtyeighth of the full time weekly rate of pay for the appropriate classification as set out in subclause (1) of Clause 20.Wages plus twenty per cent, provided that this rate shall be increased to double time for all work performed on the holidays referred to in subclause (1) of Clause 16 -Holidays of this Agreement.

(4)The working time for a casual employee on an outside job shall count from the time appointed for their attendance at the job until they are discharged. The employer shall pay fares to and from the place of engagement and the job.

(5)The wages payable to a casual employee on an outside job shall be forwarded to the employee within seventy two hours of completion of the pay week in which such employee was employed.

(6)The provisions of Clauses 14 -Sick Leave, 15 -Bereavement Leave, 16 -Holidays, 17 -Annual Leave and 35 -Parental Leave shall not apply to a casual employee.

(7)The ordinary hours of work for a casual employee shall be a maximum of thirty eight per week, not exceeding ten ordinary hours per day, to be worked over not more than six days of the week, within a daily spread of eleven hours

(8)All time worked by a casual employee beyond thirty eight hours in a week or beyond ten hours in a day or over more than six days in a week shall be overtime, and paid for at the appropriate overtime rate prescribed in subclause (2) of Clause 9 - Overtime of this Agreement.

11.PART TIME EMPLOYEES

(1)A part time employee shall mean an employee engaged on a weekly contract of service, which works regularly from week to week. A part time roster will be subject to the following;

(a)not less than three consecutive hours per shift or more than ten ordinary hours per day,

(b)within a daily spread of eleven hours,

(c)not less than nine or more than thirty two ordinary hours each week,

(d)not more than five days of any week.

(2)Notwithstanding the above, ordinary hours may be worked on 6 days in a week if in the following week ordinary hours are worked on not more than 4 days and there are 3 consecutive days off in one week and 1 clear day off in the other week.

(3)Subject to the limitations on daily and weekly hours for part time employees as prescribed by subclause (1) and (2) of this clause, the number of ordinary hours to be worked by a part time employee may be increased but not decreased by agreement between the employer and the employee.

(4)Part time employees shall be paid at the ordinary time rate of pay of one thirtyeighth of the full time weekly rate of pay for the appropriate classification as set out in subclause (1) of Clause 20.-Wages, provided that this rate shall be increased to double time for all work performed on the holidays referred to in subclause (1) of Clause 16.-Holidays of this Agreement.

(5)All time worked by a part time employee at times other than those which the employee is rostered to work or has agreed to work subject to subclause (3) hereof shall be overtime and paid for at the appropriate overtime rate prescribed in subclause (2) of Clause 9.-Overtime of this Agreement.

(6)A part time employee shall be eligible for pro rata leave entitlements in accordance with Clauses 14 - Sick Leave, 17 - Annual Leave, Clauses 15 - Bereavement Leave and 16 - Holidays of this Agreement. In calculating the prorata entitlements of a part time employee pursuant to this subclause, all ordinary hours worked by the employee shall be included in the calculation.

12.MEAL BREAKS

(1)Every employee shall be entitled to a meal break of not less than one half hour nor more than one hour after not more than five hours work, provided that where an employee works for no more than six hours in any one day the employee may agree to take a paid fifteen minute break in replacement of the meal break mentioned in this clause. Where it is not possible for the employer to grant a meal break on any day, the said meal break shall be treated as time worked and the employee shall be paid at the rate of time plus fifty per cent of the ordinary hourly rate applying to such employee until such time as the employee is released for a meal.

(2)In addition to a break for a meal, there may be one other break of at least two hours during each shift. Such break of two hours may include a meal break.

(3)In addition to breaks for a meal as provided in this clause, any employee who is required to work in excess of eight ordinary hours in any one day shall receive a paid tea break of ten minutes. Such tea break shall be taken to suit the employer's business, but shall not be taken within one hour of the employee's commencement or finishing time or within one hour of the employee's meal break.

13.MEAL MONEY

Any employee who is required to work overtime for more than two hours on any day, without being notified on the previous day or earlier that he/she will be required to work such overtime, will either be supplied with a meal by the employer or be paid $7.30 meal money.

14.SICK LEAVE

(1)(a)A permanent employee who is unable to attend or remain at his/her place of employment during ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.

(b)Entitlement to payment shall accrue at the rate of one sixth of a week for each completed month of service with the employer.

(c)Any payment due to an employee under the terms of this clause during his/her first six months of employment with the employer will only be paid to the employee at the completion of six months service.

(d)If in the first or successive years of service with the employer the employee is absent on the grounds of personal ill health or injury for a period longer than his/her entitlement to paid sick leave, payment will be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

(2)The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

(3)To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his or her inability to attend for work, the nature of the illness or injury and the estimated duration of the absence. Provided that such advice, other than in extra ordinary circumstances shall be given to the employer within 2 hours of the commencement of the absence.

(4)The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as 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.

(5)The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Rehabilitation Act nor to employees whose injury or illness is the result of the employee's own misconduct.

15.BEREAVEMENT LEAVE

A permanent employee shall, on the death within Australia of a wife, husband, defacto wife or defacto husband, father, fatherinlaw, mother, motherinlaw, grandparent, brother, sister, child or stepchild be entitled to "Bereavement Leave" up to and including the day of the funeral of such relation. "Bereavement Leave" shall be without deduction pay for the number of hours normally worked by the employee on the days in question. The employee to the satisfaction of the employer shall furnish proof of such death if so requested. Provided that this clause shall have no effect while the period of entitlement to leave coincides with any other period of leave that may be due to the employee concerned.

16.HOLIDAYS

(1)The following days shall be allowed as paid holidays for full time and part time employees: New Year's Day, Australia Day, Labour Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.

(2)In addition to the days set out in subclause (1) a "Union Picnic Day" shall also be allowed as a paid holiday for full time and part time employees. The day of the year on which "Union Picnic Day" is to be observed shall be determined through consultation between the employer and the Union no later than 30th December of the preceding year.

(3)The paid holidays set out in subclause (1) hereof shall be regarded as falling on the days upon which they are most commonly observed in the State of Western Australia.

(4)In addition to the paid holidays set out in subclause (1) and (2) hereof, any day proclaimed as a public holiday or half holiday under the Public and Bank Holidays Act, not being a day set out in subclause (1) or (2) hereof or a day observed in lieu thereof, shall be allowed as a paid holiday for full and part time employees.

(5)All work done on any of the holidays prescribed in subclause (1) and (2)of this clause shall be paid at the rate of double time, with a minimum payment as for three hours, provided that, by Agreement between the employee affected and the employer, payment for such work may be at single time and the employee shall be granted an equal number of rostered hours off with pay to the number of hours worked on the holiday. Such paid time off shall be taken at a time agreed between the employer and the employee within one month of the holiday.